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June 2019 Archives

Addressing Claims against Third-Party Workers' Compensation Administrators

The upheaval in the West Virginia (WV) appellate court from 2018 has passed, and the current appellate judiciary has begun to issue opinions. The "new" WV Supreme Court of Appeals has handed down its first decisions regarding workers' compensation appeals since three new justices were seated. In an opinion released June 12, 2019, the court addressed claims against third-party workers' compensation administrators in WV in a decision that could have important implications for the workers' compensation world in West Virginia.

Estate Planning for Same-Sex Couples in Kentucky

The Supreme Court of the United States ruled, in 2015, that all states must recognize same-sex marriage. This legal recognition of equal rights extended the privileges of marriage to those in the lesbian, gay, bisexual, and transgender (LGBT) community. However, considerations for estate planning for same-sex couples in Kentucky remain important.

Analyzing 2019 WV Workers' Compensation Trends

Predicting how the West Virginia Supreme Court of Appeals will decide cases has become less certain because three of the five justices joined the court less than one year ago. That is no less true for workers' compensation decisions. But appellate court decisions and related events to date may indicate a change in direction to a more conservative insurer- and employer-friendly court. Jenkins Fenstermaker's Steve Wellman analyzes 2019 WV workers' compensation trends to date.

A Holographic Will in West Virginia: Why Caution is Required

Although it might sound like a three-dimensional image, a holographic will is simply a will that is completely handwritten and signed by the testator, the person leaving instructions on how his or her estate should be distributed at death. West Virginia and just over half of the remaining states recognize handwritten wills. But state law sets out specific requirements for a holographic will in West Virginia to be valid, and testators should use caution in choosing to leave direction to family and loved ones in this manner.

What If You Die with No Will in Kentucky?

People plan for many things--vacations, college, retirement. If an individual avoids end-of-life planning and passes away with no will in Kentucky, the Kentucky Revised Statutes (KRS) dictate that person's rightful heirs. Determining rightful heirs without a will can be complex because numerous Kentucky estate laws govern intestate succession in the state. If you believe you are entitled to inherit without a will in Kentucky--or if you want to avoid passing away without a will--it is wise to consult with an experienced Kentucky probate attorney.

Jenkins Fenstermaker Attorneys Receive Charleston, WV "Lawyer of the Year" Recognitions

Four attorneys from the Huntington office of Jenkins Fenstermaker, PLLC have been recognized as 2019 Charleston, WV "Lawyer of the Year" in their respective practice areas in Best Lawyers in America©. With this honor, Best Lawyers identified four especially talented practitioners by practice area and by region based on peer nominations--all at this Huntington-headquartered firm.

KY Durable Power of Attorney and Living Will: Is Your Family Prepared?

Advance medical directives--documents that inform medical providers of your wishes for treatment should you become incapacitated--are an important part of long-term care and estate planning. Residents of Kentucky (KY) should be aware of the specific regulations governing KY durable power of attorney arrangements and KY living will documents. It's understandable that people find planning for their own incapacity and death unsettling; the associated images are truly unpleasant. However, the reality of the burdens placed on family members when you do not communicate your wishes through appropriate documentation are far more troubling. A lawyer for health care directives in KY can offer compassionate guidance that eases the strain of this kind of planning.
Jenkins Fenstermaker, PLLC Best | Client Recommended | 2019