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Huntington Business & Commercial Law Blog

How to Prepare for Probate of a Will in WV

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There are several steps to prepare for probate of a will in WV. The caring attorneys at Jenkins Fenstermaker will be there to get you through the process.

Naming a Trust as an IRA Beneficiary: Is It Right for You?

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In planning for your family's security, you may have wondered how to pass on your Individual Retirement Account (IRA) assets in the event of your death. In some cases, you may not want a family member to receive IRA funds directly after you're gone and wonder "can an IRA be in a trust?" If you're considering naming a trust as an IRA beneficiary, that can completely alter how the Internal Revenue Service (IRS) treats IRA distributions. Knowing the pros and cons of this estate planning strategy can help you make the best choice for your circumstances in conjunction with an experienced estate planning attorney.

The West Virginia Opioid Reduction Act and Workers' Compensation

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In the spring 2018 session of the West Virginia Legislature, the West Virginia Opioid Reduction Act was passed. The law went into effect on June 7, 2018. The Act is not a workers' compensation statute, per se, meaning that it does not state that it applies to workers' compensation, but it does not expressly exempt workers' compensation from its coverage either.

Your Year-End Estate Planning Checklist

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You can't stop time from passing. As you are asking yourself how another year went by so quickly, take control of those things that you can control and that can give comfort and support to your loved ones: review your estate plan using this year-end estate planning checklist.

International Estate Planning for Individuals and Families

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The adoption of the European Parliament's European Succession Regulation in 2012 simplified estate planning in the European Union. The regulation also resolved jurisdictional and choice of law issues. Unfortunately, no single overarching law governs international estate planning for other countries, including the United States.

WV Gun Laws for Businesses: The Impacts of HB 4187

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Significant changes were made to WV gun laws for businesses in the 2018 legislative session. House Bill 4187, an amendment to West Virginia Code §61-7-14, created the Business Liability Protection Act. The Act effectively bans businesses from restricting the rights of individuals to stow a firearm in a personal vehicle on employer property under certain circumstances.

Charitable Estate Planning: Benefits for Both Donor and Recipient

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Whatever your age, income, or family status, you have probably heard of and considered estate planning. An estate plan ensures that the money you work so hard to earn protects and benefits your loved ones. However, another planning option you may not have considered is charitable estate planning. Charitable estate planning is a rewarding way to benefit a worthwhile charity or organization, while reaping tax benefits for you and your family both now and later.

Statute of Limitations in OP Claims Affirmed by the Supreme Court of Appeals of WV

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On November 2, 2018, the Supreme Court of Appeals of West Virginia affirmed a group of consolidated cases involving the time period within which occupational pneumoconiosis (OP) workers' compensation claims may be filed. The statute of limitations in OP claims in West Virginia (WV) is defined by state law. The cases reviewed by the court presented an interesting question of statutory interpretation in workers' compensation OP claims.

Technical Errors in WV Wills: Protect Your Estate from Potential Mistakes

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A will is an important legal document that communicates your wishes about the distribution of your property after your death. In West Virginia as in most states, a will must comply with the standards set out by statute in order to be valid and enforceable. Unintentional, technical errors in WV wills can cast doubt on your intentions or even invalidate your will altogether. For that reason, it's essential to ensure that your will and other estate planning documents are well prepared and free of mistakes.

The WV Workers' Compensation Fee Schedule and Provider Agreements

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In an effort to contain medical charges for workers' compensation claims, West Virginia (WV) imposes a fee schedule for medical service providers. The WV workers' compensation fee schedule for medical reimbursements specifies the maximum amount that can be charged by a provider for a specific service.
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