In West Virginia (WV) as in many states, ownership of a decedent’s property often passes according to the terms in the decedent’s will. When the decedent did not leave a valid will, his or her property passes according to the law of intestate succession. In such cases, the property passes to the decedent’s child if there is no surviving spouse. But what happens if the decedent’s parental rights had been terminated? Can a child inherit from a parent in WV after the termination of parental rights? The West Virginia Supreme Court of Appeals recently answered that question in the negative.

As we age, our overall needs change. Our need for healthcare services may increase, our ability to tend to our own needs may decrease, and our finances may be limited. Government healthcare and retirement programs don’t cover the day-to-day issues many seniors and their families face, but careful estate planning can. When considering your needs for elder care and estate plan strategies, remember to include community senior benefits and senior caregiving in your estate plan.

Have you considered including Medicare and Medicaid in your estate plan? Many people forget the importance of considering these government healthcare benefits as part of their wider estate plan. Read on to learn more about these two programs and why you need to consider government healthcare benefits in your estate plan.

On May 17, 2018, the West Virginia Supreme Court of Appeals issued a decision applying the WV workers’ compensation statute of limitations to bar an untimely. The court’s decision has broad implications for workers and employers across West Virginia. While it gives employers solace in that it is an employee's responsibility to initiate the claim process by filing a timely WC-1 form, it also reminds employers that a worker’s reliance on conduct by the employer or a claim administrator regarding the filing of a claim may prevent the employer from relying on the statute of limitation to deny an untimely filed claim. 

Most people think of an estate plan as just preparing a will and designating where your assets go upon your death. Broader than that, estate planning is actually the process of taking inventory of your assets and determining how to dispose of them for the remainder of your life as well as upon your death. This blog is the third in a series of five blogs discussing five basic types of elder benefits in West Virginia. The first two blogs covered employee retirement benefits and Social Security retirement benefits. This blog turns to why you should discuss Social Security disability benefits with your West Virginia estate planning lawyer.