Most people don’t want to think about what will happen to them if they are in an accident or become very ill and incapacitated. Unfortunately, not preparing for such unthinkable situations can lead to untimely medical care and more stress than necessary on loved ones. Whether you live in West Virginia (WV), Kentucky (KY), or Ohio (OH), having a medical power of attorney (MPOA) in place can help alleviate such a tragic situation.

Can an inmate get workers’ compensation if he or she is injured while on work release? In West Virginia (WV), as in most states, the typical legal answer applies: It depends. In fact, the WV Supreme Court of Appeals has specifically addressed the compensability of an inmate workers' compensation claim for a work release prisoner who was performing work for a state agency when he was injured. The case is Crawford v. West Virginia Department of Corrections. This case is important because it clarifies the rules that apply to inmate workers’ comp claims in the Mountain State, but the issues it raises might be argued in any state in the U.S.

While there have been some rumblings about handling digital assets in the probate process in West Virginia, there has been no legislation enacted to give specific guidance. Do you need a digital property estate plan? And what is digital property anyway?

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.

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.