Estate Planning in West Virginia
Wills and Powers of Attorney

Estate Planning - What is it?


​Estate Planning is simply planning for what will happen in the event of your death or incapacitation. All too often, someone passes without a will and this often creates problems and disputes among family members at an already stressful time. By stating your wishes in a legally enforceable document, you can have peace of mind that your estate will be handled the way you want.


Common Questions and Answers

  • Do I need a will?
Anyone over the age of eighteen who has assets in their name should have a will prepared. Wills can be prepared based on the needs of any indivual and most attorneys can charge a fee that is reasonable based on the complexity of the will. Each person's will can be tailored for their specific needs for any given time in their life. Wills should be updated any time there is a signficant change in a person's life, such as getting married, getting divorced, having children, or after retirement.

  • Do I need a power of attorney?
A power of attorney gives another person the authority to act on your behalf. Like a will, a power of attorney can be tailored to your specific needs, such as granting someone the power to make financial decisions on your behalf, or allowing someone to make medical decisions on your behalf. It is a good idea to consult with an attorney if you are having a will or other legal document prepared on whether or not you need a power of attorney. People have a power of attorney prepared for a variety of reasons, though the most common is to have a contingency plan in place should one become incapacitated.

  • What is a living will?
​A living will states medical directives should you become incapacitated and lose the ability to communicate your wishes. This is often used in a situation where an individual does not want to remain on life support should they, at the end of their life, suffer from a dehabilitating disease or be otherwise incapacitated.

  • Can't I use a will I found on the internet?
​It is never a good idea to prepare your own will based off one you found on the internet. Each state has different requirements for how a valid will may be drafted and each person has different needs. Sure, you might save a few dollars by using a will you found on the internet, but you run the risk of causing the administrator of your estate to hire an attorney using the assets of your estate that you planned on leaving to your spouse or children. It often creates a mess that is expensive and time consuming to correct.

  • I have a loved one who is incapacitated. What can I do?
​​If you live in West Virginia, and your mother, father, or loved one is unable to make decisions for themselves, you should consider hiring an attorney to file a Guardianship/Conservatorship Petition in the correct court of jurisdiction. If granted, you may be granted the power to make decisions on their behalf.

Free Consultation

If you have any estate planning questions, please contact Blair Law Firm to schedule an appointment with an attorney. We understand end-of-life planning is a big deal, but it is always a good idea to be prepared for whatever life throws at you. Our fees are reasonable we can usually have your documents prepared in one to two weeks. We are with you every step of the way, from the intitial consultation all the way until your documents are signed and finalized. Call or fill out the form below to schedule your appointment.
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Estate Planning • Wills • Power of Attorney • Guardianship • Conservatorship • Charleston-Huntington Lawyer

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Blair Law Firm, PLLC
Jeffrey R. Blair, Esq.
421 Midland Trail
Hurricane, WV 25526
(304) 964-0020