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Wills, Trusts, and Estates Archives

DIY Wills...Do I Really Need a Will Attorney in WV?

With the convenience of the Internet, a lot of West Virginians try to save money or try new things through "do-it-yourself (DIY)" research. You can find DIY car repair, DIY arts and crafts projects, DIY home repairs, and nearly every other topic imaginable. But when it comes to estate planning, it usually best to leave that job to a will attorney in WV.

Need a Specific WV Power of Attorney Form?

When you need someone to handle a financial or legal matter for you, you don't have to give that person full authority or access to your information. Instead, if you live in West Virginia (WV), use a WV power of attorney form that is tailored to the situation. This allows you to get the job done without unnecessarily placing yourself or your assets at risk.

Is an Online Power of Attorney Form in WV Right for Me?

Many people know they need to have a power of attorney. Not wanting to pay a lawyer for drafting, they turn to the Internet to find a form document that will be legal where they live. Is this a safe strategy? This is a tricky question, and the answer depends on the law of the state where the person lives, although many general principles are common. To illustrate, let's consider these issues in the context of a West Virginian who has completed a power of attorney form in WV.

An Overview of West Virginia Power of Attorney Laws

Need help with West Virginia power of attorney laws? You've come to the right place. This blog is the first in a series of three dealing with powers of attorney in the Mountain State. In it, we'll give an overview of the most common powers of attorney. The remaining two blogs will address the legality of online power of attorney forms, as well as specific powers of attorney in West Virginia.

WV Living Will: Your Life, Your Decisions

Lawyers all over the country, as well as physicians, omnibus men and others in the legal and medical professions, spend a great deal of time trying to convince us all to have a "living will." Some of us understand what a living will is, while others have vague thoughts about the living will and what can be accomplished by creating a living will. But what is a WV living will and do you really need one?

Understanding West Virginia Intestate Laws

When a West Virginian dies, the deceased's property is transferred to his or her heirs through a legal process referred to as probate. After the debts of the estate are paid, the property is devised to heirs in one of two ways: (1) if the person had a Last Will and Testament (a "will"), this means the person died "testate," and the property is transferred according to the will; or (2) if the person died without a will, the decedent is said to have died "intestate." West Virginia intestate laws then control the allocation of the decedent's property.

Are Online Wills Legal? The Frightening Truth ... Just in Time for Halloween

As an estate planning attorney, I see a lot of wills that were created online at various websites or using in fill in the blank forms. Despite a will likely being the most important financial planning document a person can have, it is astonishing how many people attempt to create their own wills without the assistance of a professional. While many view estate planning as a "morbid" or "haunting" experience, most of my clients would tell you that it is simple, necessary, and relatively painless.

A Short Guide to West Virginia Inheritance Tax

An inheritance tax is one method states use to tax the transfer of wealth. Not to be confused with an estate tax, which is payable from the estate of the deceased, an inheritance tax is paid by a person who inherits from the deceased. For anyone who has received or is anticipating an inheritance, following is a short guide to West Virginia inheritance tax.

An Estate Administration Lawyer in WV: Your Navigator of the Probate Process

The death of a loved one brings on a world of grief for those left behind. There is often a flurry of personal emotions such as fear, anger, guilt, sadness, and despair. And if that is not enough, there are well-meaning people who call, send cards, and stop by, often asking about events surrounding the final days. Wondering whether to contact an estate administration lawyer in WV to determine how the probate process works is usually not top-of-mind during such a difficult time.

Protect Your Second Amendment Rights with the Help of a Gun Trust Lawyer

The Second Amendment of the United States Constitution grants us the right to bear arms. It states as follows: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." A gun trust lawyer can help you exercise this right for yourself and your heirs.
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