Dear Friends and Clients,

Jenkins Fenstermaker, PLLC has followed West Virginia Governor Jim Justice's directives in an effort to halt the spread of COVID-19 and protect our employees, clients, communities and healthcare systems.  As part of those efforts, we have transitioned our attorneys and staff to work remotely.

Estate planning usually brings to mind the drafting of a will and maybe the creation of a trust. But estate planning is more than just planning for the distribution of wealth at your death. A comprehensive estate plan includes life planning—making preparations to provide for yourself and your loved ones if life throws you a curve. With the global spread of the coronavirus, many are thinking about estate planning for emergencies—making sure you and your loved ones are provided for in times of economic downturn, poor health, or other adverse events.

West Virginia is one of the few states without an intermediate court of appeals that sits between civil and criminal trial courts and the State Supreme Court. In the Mountain State, the Supreme Court hears appeals from all sources, including workers’ compensation matters. Unlike civil and criminal matters, there is an intermediate court, the Workers’ Compensation Board of Review, but West Virginia Senate Bill 275 (WV SB 275) proposed to create a new court of appeals, which would have had appellate jurisdiction over most matters, including Workers’ Compensation, and it came close to realization. Although the House of Delegates ultimately voted the bill down, the proposals in the bill can inform on future efforts along this vein.

Physicians dedicate their lives to acquiring the knowledge and skills to help others and to building a practice and reputation. These efforts often offer substantial personal and financial rewards. However, those who work in the medical field also endure a high risk of personal liability. Asset protection for physicians is an important part of financial and estate planning. 

Americans are afforded the right to bear arms by the Second Amendment of the US Constitution. However, interpretations of the Amendment vary. And, until federal lawmakers pass national reciprocity legislation, gun owners must follow a patchwork of state laws on possessing and carrying firearms. Because regulations vary so widely, gun owners who are traveling across state lines must be aware of gun license reciprocity and concealed carry laws in states they plan to traverse or visit.