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Image of an older couple, the importance of estate planning and how attorney Anna M. Price of Jenkins Fenstermaker assist you in following the statutory requirements for revoking a will in WV.

Revoking a Will in WV: The Basics

By Anna Melissa Price Of Jenkins Fenstermaker, PLLC on 04/15/2019

You have the best of intentions when you execute a will, wanting to ease the burden on loved ones by leaving instructions on the distribution of your estate after your death. But executing a will isn't always a matter of set it and forget it. Sometimes a change in circumstances-the passage of time, the unexpected loss of a loved one, or a change in your financial situation-can lead you to change your mind about how you want your estate distributed. Is revoking a will in WV the answer? Read on to find out.


Image of the preamble to the US Constitution, representing how Jenkins Fenstermaker attorneys help public and business clients avoid regulatory and constitutional pitfalls such as viewpoint discrimination on Facebook.

Viewpoint Discrimination on Facebook Page—First Amendment Considerations

By Jenkins Fenstermaker PLLC Of Jenkins Fenstermaker, PLLC on 04/11/2019

Facebook usage is ubiquitous; no matter who you are-an individual, a business, or a government official-the far reach of the social media giant is undeniable.

Facebook appeals to many for its ability to reach people, and several Facebook products are available that benefit both individuals and organizations. Facebook's "Pages" is a product intended for use by organizations but ultimately managed by individuals. It was just such a Facebook Page that garnered attention in the 2019 Fourth Circuit decision Davison v. Randall. The case provides illumination as to whether an intangible Facebook Page can constitute a "public forum" for purposes of First Amendment analysis. The case also examines the conditions under which banning someone from such a page might constitute actionable viewpoint discrimination.


Image of lock, chains, and key, illustrating how surety bonds and other surety providers provide security for a judgment creditor while a case is on appeal and the effect of Rule 65.1 amendment on proceedings against security providers.

Effect of Rule 65.1 Amendment for Litigants

By Jenkins Fenstermaker PLLC Of Jenkins Fenstermaker, PLLC on 04/09/2019

Amendments to the Federal Rules of Civil Procedure went into effect on December 1, 2018. Federal Rule of Civil Procedure 65.1 (FRCP 65.1), which governs proceedings against security providers, was among the rules amended. The Rule formerly provided for proceedings against sureties, but the new Rule recognizes that a party may wish to provide security by some method other than a bond and allows direct proceedings against any "security provider." The amended rule additionally provides for service on security providers by means other than the U.S. Mail. Let's explore the potential effect of Rule 65.1 amendment on entities involved in federal court litigation.


Image of a police car following two other cars on a highway, representing the need to retain a reputable WV municipal liability defense law firm when facing allegations of reckless disregard in a police pursuit.

When Does Lawful Pursuit Turn Into Reckless Disregard?

By Jenkins Fenstermaker PLLC Of Jenkins Fenstermaker, PLLC on 04/04/2019

On occasion, police are faced with pursuing a fleeing vehicle. When the pursuit results in an injury or, worse yet, a death, you can bet that the officer, the law enforcement agency, and the local government could be sued for reckless disregard for the safety of others. In Endicott v. City of Oak Hill, No. 17-0765 (W. Va. Nov. 2, 2018), the appellate court reviewed the analysis required to establish reckless disregard and found no question of fact: that the facts presented did not demonstrate reckless disregard.


An image of a word cloud with the word taxes in red, representing an heir’s responsibility to file a final tax return and pay estate taxes in WV.

Estate Taxes in WV: Filing a Final Estate Tax Return and Other Responsibilities

By Anna Melissa Price Of Jenkins Fenstermaker, PLLC on 04/02/2019

The period following the death of a family member or loved one is an emotional, stressful time. In West Virginia (WV)-and other states-the executor of the deceased's estate shoulders the additional burden of fiscal responsibilities, such as filing a final estate income tax return and sometimes estate tax returns. For anyone facing these responsibilities, it is important to learn about estate taxes in WV, the probate process, and the general responsibilities of the executor.


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