West Virginia Legal Guides
11 guides covering West Virginia topics, each with CaseDiver search beside the article.
- Castle Doctrine in West Virginia: Deadly Force Against Intruders
West Virginia castle doctrine: when occupants may use deadly force against home intruders, key statutes (W. Va. Code § 55-7-22), presumptions, and leading cases.
- How Do You Make a Valid Will In West Virginia?
A valid will under West Virginia law must be: In writing; Signed by the testator Properly attested and subscribed by two witnesses. The requirements to make a valid West Virginia will are found at WV Code § 41-1-3 . Who Can Make a Va…
- Is a Conveyance of a Beneficial Interest of a Trust With a Spendthrift Clause Void or Voidable?
A standard revocable trust is a trust that is fully revocable and changeable during the lifetime of the settlor. A typical revocable trust has provision for the death of the settlor. If the trust is going to continue on for the benefit of b…
- Small Estates In West Virginia: July 2021 Update
A West Virginia law in effect since July 1, 2021, simplifies the process for small estates in West Virginia by creating the West Virginia Small Estate Act which allows for administration of certain small estates by affidavit and without app…
- Stand Your Ground Laws in West Virginia
West Virginia stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights West Virginia
A surviving spouse in West Virginia has important rights and protections under West Virginia law, including: Intestate Share Elective Share It is critical for a West Virginia widow to educate themselves about what they are entitled to from …
- West Virginia Child Support Guidelines: How Support Is Calculated
How West Virginia calculates child support under W. Va. Code § 48-13-101 et seq., including the income shares, deviations, modification, and leading cases.
- West Virginia Prevents Child From Inheriting From Deceased Parent Where Parental Rights Terminated
What happens in West Virginia to an inheritance from a parent to a child when the parent has had his parental rights terminated? The recent West Virginia Supreme Court case of Hall v. Hall , 241 W. Va. 12, 818 S.E.2d 838 (2018), holds that …
- West Virginia Spousal support: Eligibility, Amount, and Duration
How West Virginia courts award spousal support under W. Va. Code § 48-8-101 et seq.: eligibility, statutory factors, duration, and leading cases.
- West Virginia Supreme Court Of Appeals: Non-Attorney Executor Cannot Represent Estate In Court Proceedings
A non-attorney executor of a West Virginia estate cannot represent the estate in court proceedings. In A May 2020 opinion, Gomez v. Smith , the West Virginia Supreme Court of Appeals held that a non-attorney executor who purports to represe…
- Who Are Next Of Kin In West Virginia?
The term “next of kin” in West Virginia is used synonymously with the term “heirs,” which means “persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a deceden…