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Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Phone (304) 523-2100

Toll Free (866) 617-4736

Jenkins Fenstermaker, PLLC

215 S. 3rd Street

Suite 400

Clarksburg, WV 26301

Phone (304) 521-6120

Toll Free (866) 617-4736

State and Federal Government Relations Attorney
Image of two women in a meeting reviewing notes and discussing changes that need to be made to a West Virginia irrevocable trust.

Can I Change My West Virginia Irrevocable Trust?

By Anna Melissa Price of Jenkins Fenstermaker, PLLC on 05/19/2017

A trust is a common tool used to manage or pass on a person's assets. In West Virginia, as elsewhere, trusts are used for a variety of purposes, such as tax planning, providing financial security for one or more trust beneficiaries, or donating to a charity; however, not all trusts are the same. The purpose or type of a trust—particularly a West Virginia irrevocable trust— may determine who can be a beneficiary or even whether it can be changed after it is created.


A picture of an incomplete puzzle with a large question mark in the center, representing how an experienced estate planning lawyer such as Anna M. Price can answer the questions about why everyone needs an estate plan.

Myth Busters: Why Everyone Needs an Estate Plan

By Anna Melissa Price of Jenkins Fenstermaker, PLLC on 04/27/2017

As an estate planning attorney, I am always surprised by the number of friends and family who have not yet completed their estate planning.  For me, it seems like such an important and natural part of adulthood.  One evening as I watched MythBusters, I began to think of some of the myths I encounter in my profession.  If you’re one of those people who believes that estate plans are not for everyone, read on to learn the reasons why everyone needs an estate plan.


Image of a lab tech working on a speciman, representing the issue of employee drug testing in WV.

More West Virginia Employees May Soon be Drug Tested

By of Jenkins Fenstermaker, PLLC on 04/03/2017

As of July 7, 2017, employers have much more leeway to conduct workplace drug testing in WV for illegal drugs--but only if employers also institute new procedural safeguards. That is because on April 8, 2017 the House of Delegates passed the West Virginia Safer Workplaces Act.


Image of an empty wheelchair, representing how the WV Supreme Court of Appeals has dealt with the issue of whole body impairment rating.

Whole Body Medical Impairment Threshold Considered by WV Supreme Court

By of Jenkins Fenstermaker, PLLC on 02/27/2017

Employers and insurers should take note of a West Virginia Supreme Court decision involving permanent total disability thresholds. In March 2017, the Court issued its decision in Cooper v. Appalachian Power Company, determining that the Rule 20 spine impairment tables must be used when calculating whole body medical impairment ratings in WV.


Image of a doctor checking a patient's blood pressure, representing ongoing discussions about limiting medical monitoring damages in WV.

Limiting Medical Monitoring Damages When Paid and Providing a Refund Not Used

By Charlotte Ann Hoffman Norris of Jenkins Fenstermaker, PLLC on 02/16/2017

On February 14, 2017, State Senators Blair and Azinger introduced Senate Bill 287 to create a new Code section dealing with Medical Monitoring.  It is similar to another Bill, introduced by Senators Trump and Weld that I previously discussed here, SB 236.  Both Bills propose that plaintiffs awarded medical monitoring relief (future medical surveillance or screening) will not receive money for medical monitoring until the actual screening procedures have occurred and been completed.  


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