In Memoriam
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
01/26/2024
Catherine "Cat" McConnell was at the helm of West Virginia Senior Legal Aid for almost 25 years, always with music in her heart. When she passed away at age 57 on October 15, 2023, the world had to say a sad farewell to a strong-spirited, insightful, and dedicated attorney who had found her calling.
Seniors around the state had a strong ally who really cared about the plight of those who needed legal assistance in their later years. Cat could guide them through the confusion of benefit programs, recognize financial exploitation, get support for health issues, connect them with other experts in the field, etc. And that's a big etcetera.
To prepare her for such challenges, Cat earned bachelor of arts in music theory and composition and doctor of jurisprudence degrees at West Virginia University.
Cat provided a unique role model for those she worked with and helped. We thank Cat for appreciating how much our world needed her help.
Tax Time & Senior Tax Credits
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
02/21/2024
"The difference between death and taxes is death doesn’t get worse every time Congress meets."–Will Rogers, American humorist.
It was time for Jean to work on her 2023 taxes because she wanted to file her federal and West Virginia income tax returns online as early as possible. She had read about scammers who would swoop in and file a fake return to get her refund before she did. Identity theft means taking your identity and your money. The IRS flagged more than 1 million tax returns for potential identity theft during last tax season, according to the U.S. Department of the Treasury.
Jean’s tax priorities were to see whether she qualified for the federal child care and earned income tax credits from raising her grandson and the West Virginia income tax credits related to the Homestead Exemption she got on her property taxes.
To claim any federal or state tax credit, Jean has to file tax returns, but does not have to itemize any deductions. She knew the tax credits she was eligible for were like gold. Each dollar of a credit eliminates a dollar of tax. Also, some types of tax credits can increase the amount of a refund when one is owed.
Federal law provides a child care tax credit for such expenses related to working when earning certain levels of income and raising one or more children under age 13. Learn more at https://www.irs.gov/taxtopics/tc602. The federal earned income tax credit also helps working grandparents who are raising grandchildren of qualifying ages. The amount is tied to the grandparent’s earnings from employment (not government benefits) and the number of dependents. More information is available at https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit.
For West Virginia taxes, Jean and other older or disabled homeowners can benefit from two income tax credits that are available based on home ownership and signing up at their county assessor’s office during the qualifying period for the Homestead Exemption on their property taxes, as Jean had years before. As part of our state’s property tax system, the Homestead Exemption program is available for homeowners who are age 65 and older or permanently disabled. The $20,000 exemption, or non-taxable amount, reduces the assessed value and total property taxes owed on owner-occupied residential property each year.
There is no income limitation for the Homestead Exemption on property taxes. At income tax time, homeowners qualifying for the Homestead Exemption may be eligible for the Senior Citizens Tax Credit to lower West Virginia income taxes, dollar for dollar. The State Tax Department’s Form SCTC-1, sent out in January each year, will list the amount of the tax credit which can be claimed.There is a specific income requirement for Senior Citizens Tax Credit eligibility which is determined when calculating the amounts for the West Virginia tax return.
The second state income tax credit for those receiving the Homestead Exemption is the Homestead Excess Property Tax Credit. When a person’s or couple’s residential property taxes exceed 4% of their income, they are eligible for a tax credit for the excess amount. The maximum credit is $1,000.If a taxpayer qualifies for both state credits, the amount of the Senior Citizens Tax Credit will reduce the amount of the Homestead Excess Property Tax Credit that can be claimed.Additional information on the West Virginia tax credits is available at https://tax.wv.gov/Individuals/SeniorCitizens/Pages/SeniorCitizensTaxCredit.aspx.
For assistance with legal issues at no charge if you are a West Virginia resident age 60 or over, contact West Virginia Senior Legal Aid at 800-229-5068.
Trees & Liability
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
03/07/2024
A neighbor’s oak tree branches had been hanging over the fence on Rose's property for many years. The leaves always dropped onto her vegetable garden area, so that meant lots of springtime raking. Plus, its dead branches fell onto her land at times and on another neighbor's as well.
Her neighbor didn't keep the branches trimmed, but Rose was aware that she had the right to cut the branches that were hanging over her property. Rose asked her nephew to trim a portion of the overhanging branches without going even one millimeter over the property line. She knew she would have to get that done periodically.
Almost 79% of West Virginia's land is covered by trees, according to the National Association of State Foresters. We live in the third most forested state in the country. It may be hard to appreciate that in our everyday lives, but having the opportunity to get an aerial view will show the statistic's accuracy.
Dominic had a tree problem too. His neighbor's tree leaves blew into his swimming pool and caused him extra work. None of the tree's limbs were actually over Dominic’s property, so he has no right to trim the tree.
Trees have value in our society as a whole beyond their oxygen-producing aspects and products that can be made from wood. On our lawns, they provide shade, attractiveness and even recreation. Cutting down anyone's tree without permission is considered a criminal offense in West Virginia, and the property owner can be awarded triple damages from the loss.
While away on his family fishing trip, Don got a call from his friend with the awful news that his neighbor's biggest tree had fallen onto his house during a time of high winds. Considerable damage had occurred.
When Don got home and saw the mess inside and out, he was shocked. He had spoken with his neighbor a couple times about the old tree that had no leaves, appeared to be decayed, and should have been trimmed or cut down. Don had even sent him a letter with photos and the information about the tree's condition. The neighbor had ignored him.
Don called his homeowner's insurance agent to start the cleanup and repair process. He took lots and lots of photos of the condition of the tree and the damage to his house. At a later time, he did receive a check from his neighbor's homeowner's insurance because the damage was determined to be caused by his neighbor not having the decayed tree removed. Don's photos had helped with that evaluation.
If the tree had been healthy but had limbs that broke or blew off and caused damage, it's likely his neighbor would not have been responsible for the damage to Don's property. His own insurance coverage would have been needed.
For property owners who need to post their property to keep trespassers out, painting sizable purple squares on boundary line trees is now a legal equivalent to having “no trespassing” signs posted. Just maintain the paint.
For assistance with legal issues at no charge if you are a West Virginia resident age 60 or over, contact West Virginia Senior Legal Aid at 800-229-5068.
One Scam Is Never Enough!
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
01/26/2024
Charlie didn’t realize it but once he fell for the fake sweepstakes scam, he became a big target for many similar scams.He was pleased to be a sweepstakes winner, so he bought the seven $50 gift cards as requested to cover handling costs for his great, but elusive, sweepstakes prize. Charlie was anxious to make sure he would get the fabulous reward even though he couldn’t think of how he had even heard of the sweepstakes or had any memory of entering.
Charlie had no clue about it, but there is actually a “sucker list” industry that keeps track of scam victims. Criminals sell this information to other criminals because it’s a highly successful pathway for taking people’s money. How could Charlie be fooled? Scammers find ways to make their victims feel good about the process that’s going on, even when frustrations occur. They also know what to say to eliminate suspicion. It’s happening this very minute to other unsuspecting Charlies and Susies and Annas.
You can avoid being scammed. When any so-called wonderful opportunity includes buying gift cards to assure that everything works out, slam the phone down! Delete that email! The gift cards are the signal that this is a big-time rip-off scam. The use of gift cards assures that all your money will disappear. There will be no benefit for you at all, and you won’t be able to get your money back. For those who believe it’s real, like Charlie did, other scammers will be happy to get your name and contact information. Whether the next one will be a tech support scam or a fake online sweetheart for you (another scam that often involves thousands of dollars lost and real heartache), the whole system is designed to take your money. The scammer doesn’t care if he or she bleeds you dry. They will just move on to the next victim.
Many don’t realize that a side effect of several medications can decrease a person’s inhibitions. Without realizing it, a person can become less skeptical than before and more prone to taking risks than they would have been without that medication. The medication and its new behavior can actually lower the barriers to accepting the scam. Yes, taking certain pills can help with medical needs while also making a person more gullible.
Family members and friends need to be aware of this potential side effect. Also, many victims will do their best to hide that they’ve been scammed. They feel foolish and embarrassed. Many become very good at covering up multiple situations and keep believing it will work out.
Those who learn of the victim’s situation should remember that being judgmental will likely lead to having the victim shut them off. Whether we want to believe it or not, any adult of any age can be scammed.
While some feel that they should always answer their phone and never screen their calls, scammers appreciate that attitude. An answering machine can save you from being the next scam victim. If you are receiving a valid call, that person will leave a message. But most computers from call rooms don’t. Also, to protect yourself against telemarketers (but probably not scammers), sign up for the National Do Not Call Registry at www.donotcall.gov. Whether calling from Nigeria, Jamaica or just up the road, the scammers are thieves and know they are hard to catch. Avoiding them takes some effort, but it’s your hard-earned money on the line.
For assistance with legal issues at no charge if you are a West Virginia resident age 60 or over, contact West Virginia Senior Legal Aid at 800-229-5068.
60+ Plan
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
04/12/2024
Facing the fact that you’ve arrived in your senior years means it’s time to prepare for future needs and potential challenges ahead. Call it your “60+ Plan.”
When turning 60, or somewhere near there, an important learning curve starts by contacting your county’s Senior Center to talk with the social worker. They have expertise with senior programs and support services.
The question to ask is: In the scenario I have a stroke or heart attack and can’t care for myself, what are my options? Can I be cared for at home? Does Medicare pay for that? Also, what services are there and for how long? Is there a sliding scale fee? What eligibility is involved? How long does the application process take? And is there Estate Recovery on Medicaid care?
The basics are that while Medicare covers home health care services for a short period of time, that’s not the same as what is known as long-term care received at home under the Medicaid system (low-income individuals) or via long-term care coverage purchased from an insurance company. That distinction is very important: Medicare’s short-term home health isn’t the same as Medicaid’s long-term care services.
Under Medicare, home health services are short term for an acute situation, especially after a hospitalization, and involve the services of a visiting nurse, a therapist, and other basically skilled clinicians for the recovery period. Long-term home care under Medicaid or private insurance basically involves a full-time plan where an aide comes every day for hours at a time to bathe, dress, cook, clean, etc. Special income and asset qualifications are needed for Medicaid coverage.
Nursing home care is also available under Medicaid, long-term care policies, and private pay.If you can get these answers at 60 and plan financially for the worst, it would be ideal. Most people don’t want to think about this, but knowledge is power.
Your 60+ Plan also likely needs to include doing a Will (or equivalent after-death account beneficiaries, when appropriate) and a pre-paid burial plan to save your family a lot of heartache and hassle.
Thanks to various urban myths, some rush to put the house in their kids’ names. Don’t even think of doing that without meeting with an elder law or estate planning attorney who understands Medicaid and will evaluate your overall situation.
Downsize as you become less mobile. For your own health, always keep the house clean (or hire someone to help with that).Clean out clutter. Don’t keep broken stuff. Look for fall risks: stairs, loose rugs, stuff left all over the place often ends up causing injury.If there are family antiques, make an occasion of it and give them away while you are living.Face the reality that reliable family members often don’t live close by these days. There is no one available to bring a person home from the hospital or stay a few days afterward.Adult children assume they can come for two days, set up free caregivers for mom, and then leave to continue their lives.Getting any kind of benefits from the county or state takes at least three weeks. Even for private pay situations, a lot of time and effort are needed.
Your 60+ Plan lets you figure out where the bridge is before you need to cross it.
If you are a state resident, 60 or older, and need assistance with legal questions about senior programs or other legal issues, contact the West Virginia Senior Legal Aid program at 800-229-5068 for free support.
Grandparent Visitation
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
05/14/2024
Eleanor cringed every time there was another blow-up between her son and daughter-in-law. It was painful to watch. They were arguing almost non-stop over money, the kids, the car, everything. Their divorce was coming.
She was especially concerned about her three young grandchildren. What was going to happen to them? Would Eleanor still be able to see them as much as she did now? Bake cookies with them? Have picnics?
A friend from church told her that the Grandparent Visitation Act controls this type of situation. On the Internet, she looked A friend from church told her that the Grandparent Visitation Act controls this type of situation. On the Internet, she looked it up at W.Va. Code sec. 48-10-101, et. seq.
Eleanor read that reasonable visitation with a grandchild can be ordered by a circuit court or family court judge when two conditions are met: (1) it is in the best interest of the child, and (2) visitation would not substantially interfere with the parent-child relationship.
A number of her friends also mentioned that it would be smarter and faster for the grandparents to cooperate with the parents to work out the best plan for visitation. A power struggle with her daughter-in-law or her family was not likely to work out in Eleanor’s favor.Agreeing to visitation before the divorce becomes final would be the least complex route. This gave her a lot to think about.If informal efforts between family members for visitation didn’t work, Eleanor could seek court-ordered visitation. She knew that would be costly, stir up bad feelings, could hurt the grandkids, and likely take a long time.Under the Grandparent Visitation Act, the primary focus for the court would be to evaluate and give priority to the parents’ preferences for their child along with considering the best interests of the child. Based on rights contained in the U.S. Constitution, the court would respect the choices of fit parents to make decisions regarding the care, custody, and control of their children.
Generally, visitation will not be granted by a court when the child’s parent has not permitted previous visitation by the grandparent.
Even if parents are not married, separated, or having problems, a grandparent can apply for court-ordered visitation when appropriate. In recent years, the concept of visitation by a “psychological parent,” someone who is not a grandparent or family member, has been considered by courts in West Virginia.
When such a person has played a substantial role in the daily life of the child with the consent and encouragement of the child’s legal parent or guardian, that person may qualify as a psychological parent who can be given visitation rights by the circuit court or family court.
Visitation disagreements and the after-effects of a divorce can become highly inflammatory. Eleanor was hoping to avoid that for everyone’s sake. She was thinking of the long-term toll it would have on her son and grandkids.
Lower WV State Taxes on Social Security/SSI Benefits
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
06/24/2024
Lower taxes - something to celebrate!
Thanks to a 2019 tax law change, a group of West Virginians already pay no income taxes on the Social Security Old Age, Survivors and Disability benefits or Supplemental Security Income for the Aged, Blind and Disabled (SSI) benefits they receive. West Virginia recipients of Social Security/SSI with federal adjusted gross incomes of $50,000 or less ($100,000 or less for a married couple) currently avoid those state income taxes altogether.
The 2024 legislative session passed a tax reduction law that applies to all other West Virginians receiving Social Security/SSI, regardless of income. While federal taxation of these benefits is not affected, a phase-in of the lower state income tax rates is involved.In 2024, those whose federal adjusted gross income (which is used on the West Virginia income tax return) is higher than $50,000 for an individual or $100,000 for a married couple will be taxed 35% less on their Social Security/SSI benefits on their state tax return. In 2025, 65% of the benefits won’t be taxed on their state tax return. In 2026, the full amount of the Social Security/SSI income will be tax-free on their West Virginia tax return.
For example, Samuel’s federal adjusted gross income in 2024 is projected to be $75,000. It will be transferred to his state return for calculation purposes. Of that amount, $35,000 is from Social Security benefits. Samuel is single and his adjusted gross income for West Virginia tax purposes is over the $50,000 maximum income threshold for an individual. As a result, he will get a 35% reduction in state taxes on his Social Security income in 2024.In 2025, 65% of his Social Security will not be taxed on the state return. Finally, in 2026, all of Samuel’s Social Security will be tax-free on his West Virginia tax return. This tax reduction does not apply to federal taxation of the benefits, retirement fund distributions outside of the Social Security/SSI system, or taxation of other types of income.
Legal issues about taxation and other matters are important ones to resolve. In appropriate situations, West Virginia Senior Legal Aid may be able to help those age 60 and older who live in the state.
Analyzing How to Deal with Multiple Family Issues
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
06/24/2024
A recent call to West Virginia Senior Legal Aid was from Charlie (not his real name). He had a lot of legal issues to deal with.
On his own, he had taken care of his sister in his home for over three years because she couldn’t live by herself any longer. Her worsening dementia was making it harder for Charlie to deal with her daily needs. Her behavior included random screaming throughout the day.
Now 81, Charlie’s own health hadn’t been the best lately, even after going on portable oxygen. It was a good thing, he thought, when his son and his girlfriend asked to live with him for a while.
But his son, Tim, didn’t offer to pay rent or buy groceries and even asked Charlie for money over and over. Tim knew his dad was living on Social Security benefits. Tim had no job and neither did his girlfriend. They weren’t helping with cooking, laundry or other chores either and didn’t seem to mind the mess they piled up everywhere in the house. Plus, the two argued and yelled a lot and stomped around the house at all hours. Charlie was afraid of his son’s temper.Things had changed slowly over time, and now Charlie was feeling overwhelmed with his own health problems, his sister’s dementia, and the unrelenting drama from his son and friend. In addition, his house’s roof was leaking, and his old car didn’t work all that well anymore.
Without realizing it, Charlie had some legal problems.
One was potential domestic violence from the situation that was heating up because of his son and friend’s behavior. Were the two using illegal drugs? Why was Charlie’s money always coming up missing in the house? Another was how to continue to care for his ailing sister. What could be done to lighten his load as her condition worsened?
With multiple problems, there can be multiple directions for handling them. Careful discussion with the Senior Legal Aid staff attorney helped Charlie appreciate that and strategize about what to do next.
A combination of support from state agencies and nonprofit organizations, along with possible court action, were considered. In the legal realm, Charlie might need a financial protective order to stop current and prevent future financial exploitation if his son was stealing from him. Also, protection from domestic abuse by his son could help Charlie and his sister. A local nonprofit could be a resource for that.
Medicaid could be the best route for his sister, but Charlie would need to take the steps needed to evaluate whether she qualifies for long-term professional care in a nursing home.
Charlie’s situation had certainly gone beyond solutions from buddies or Dear Abby. Solutions are out there, so it helps to reach out.
Legal questions may seem tough to deal with at times, but West Virginia Senior Legal Aid is a good resource for state residents, age 60 and over, at 800-229-5068 or info@seniorlegalaid.org.
Avoiding Contractor Fraud
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
08/25/2024
Looking at the big mess that was supposed to be his new deck, Barry wondered how it had all gone wrong. The contractor had been a good salesman but he and his crew were not good carpenters. Barry could sue that company, but he knew it would be difficult. Many fly-by-night contractors are hard to find after the job and are often judgment proof. The many knowledgeable and conscientious contractors working in West Virginia are appreciated for their skills, but the bad apples are not interested in making your job turn out as expected. They’re only interested in taking your money.
Avoiding the hiring of a bad contractor in the first place would have been the best thing for Barry to do. Word of mouth recommendations for recent work is one of the most important aspects of such a project. He regretted not asking others at church or social events about good contractors and ones to avoid.Also, asking the contractor for references and whether he could see other finished projects in person would have helped. Photos of jobs or pages on a website can be misleading (or even someone else’s work). Barry may have had to wait longer for a top-notch contractor to start work, but it likely would have been done right the first time.
Be aware that small jobs are often not a priority for busy contractors, making them fertile ground for bad contractors. Contractors generally make a bigger profit on bigger jobs. The size of the job can make it more difficult to find a quality contractor. For that reason, many unscrupulous contractors focus on small project work that is less popular.West Virginia’s testing of contractors is rigorous. Check on a contractor’s state license by calling (304) 558-7890. An online search for licensed contractors is available at http://www.wvlabor.com/new_searches/contractor_search_new.cfm.When discussing a job with a contractor, also ask for his or her liability insurance and workers compensation insurance (if they have others working for them). If they don’t have them, ask why. Those coverages protect against things that go wrong and shield you, the consumer, from big-money lawsuits on liability issues and hassles.
The contract should list all specific work to be done and be signed by both parties. Barry didn’t get one. If just a verbal contract is suggested to speed things up and it is an expensive job, insist on a written contract before any work starts or material is purchased.
If you are asked to make an advance payment for the materials, that tells you something about the contractor’s cash flow. Often, reputable contractors will give you a list of what’s needed and request that you buy the materials from the supplier you want. You know what you’re getting that way. Others include the materials in the bill as they go because they can buy them on their credit account at the supplier.
Inspect the work as it is being done or have someone experienced in construction help you. Ask questions and take photos of the work. Don’t take it for granted that everything is being done correctly. Stick to the plan. If the contractor says, “While I’m here, I could do x, y, and z,” that could be an expensive come-on. Don’t approve extra jobs until you’ve seen the quality of the contractor’s work. Consult with someone who is knowledgeable about the necessity for the extras.
When payment is discussed, make it clear that you will not pay the final amount until all of the work is done completely and as agreed upon. Actually, that term should be included in the contract. Don’t be pressured into paying early, as Barry was.
Also, tough as it was to face the hard facts, Barry realized that at this point in his life he couldn’t afford the costs of employing a good contractor and buying quality materials. Instead, he was now thinking seriously of finding a smaller place, maybe an apartment, with fewer responsibilities and expenses. He would save money in the process and decrease his worries too.
For West Virginians aged 60 and over who have issues with a contractor or other legal matters, contact West Virginia Senior Legal Aid at 800-229-5068 or info@seniorlegalaid.org.
Being Collection Proof
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
09/09/2024
What does it mean to be judgment proof or collection proof?
In general, a creditor can always go to court to collect a debt by filing a civil lawsuit, showing appropriate information, and getting a judgment against the person for the unpaid amount. However, that doesn’t mean the creditor will be able to collect all or any of the debt, unless it is secured by collateral of some type or the debtor’s wages can be garnished.
On the debtor’s side, many continue to worry about the collectability of a legal judgment against them on a debt even when they don’t have any property, wages, or assets that can be taken by the creditor. At that point, with no way for a creditor to collect the debt, the debtor is said to be judgment or collection proof.
Under federal law, a person’s Social Security, Veterans Administration, Supplemental Security Income, and other federal benefits are automatically protected from collection. If the benefits are electronically deposited into a bank account or prepaid card, up to two months’ worth of the federal benefits are protected from collection, but higher amounts in the account can be legally withdrawn by the creditor if available. Learn more at https://consumerfinance.gov. Further, under the Employee Retirement Income Security Act, funds in retirement accounts such as a 401(k) are protected from creditor claims. Also, funds from a pension plan are shielded from protection. However, funds in traditional and Roth IRAs and some 403(b) accounts can be taken to satisfy a judgment.With certain exceptions, West Virginia Code sec. 38-9-3 provides a $5,000 homestead exemption on a home from collection by creditors. If medical expenses from a catastrophic illness are involved, an additional amount up to $7,500 of the home’s value can be protected from collection. Filing for bankruptcy can protect more of the home’s value. Also, a $5,000 exemption on a personal vehicle from collection is available. When a person’s financial situation makes them collection proof, they do not have to file for bankruptcy to prove it or do anything further about their debts.
The lack of collectible assets or property protects the debtor from any actions by creditors.
Having a civil judgment filed against a person on a debt is not a crime and has nothing to do with the criminal system. The debtor cannot be arrested or sent to jail over the unpaid debt or court judgment.
If the debtor is a tenant living in a rental unit, he or she can’t be evicted because of the judgment unless the debt was unpaid rent.
Some whose debts go to judgment have run up large credit card account balances. They may not be aware that credit card companies can charge very high interest rates on unpaid amounts, which are legal in West Virginia because of the state laws where the company was incorporated. After a debtor dies, the heirs of the debtor will not be responsible for paying the debts themselves, but a creditor can file a claim against the estate’s assets if the judgment is still valid. That can reduce or eliminate the inheritance.
Anyone age 60 or over living in West Virginia with questions about garnishment, collections, or other legal issues may contact West Virginia Senior Legal Aid at 800–229-5068 or info@seniorlegalaid.org.
Family Loans
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
10/27/2024
“Not again,” Marlene thought to herself.
Her daughter Wendy was asking her for another $1000 loan (the eighth in recent months). It had become a regular habit, leaving Marlene feeling upset and frustrated. She had them marked on her wall calendar.
Marlene would never think of expecting so much money from any relative. Besides, she had other children, grandchildren, and her own needs to consider.
To date, Wendy had not paid back a single penny from any of the earlier loans and had flippantly commented more than once that she just saw it as her future inheritance received now.
Like others in the same situation, Marlene was upset that Wendy couldn’t handle money better and didn’t mind waltzing in to request more from her mom. Marlene‘s own budget was always stretched thin. With a sense of dread, Marlene also wondered who else she was taking money from. Wendy had probably not repaid them either. She could be sweet and charming when it suited her.Wendy and her boyfriend had recently gone on a nice beach vacation. Knowing approximately how much it had cost, it hurt Marlene that Wendy now wanted even more money from her.
Thinking back, she regretted not discussing budgeting and repayment. She should have required a written loan agreement that would include all the terms so that Wendy would take it more seriously. Otherwise, no loan. When needed, there is a ten-year statute of limitations under West Virginia law for suing the debtor on written loan agreements. On verbal loan agreements, it’s five years.
To try to collect an unpaid loan without suing, writing a demand letter and mailing it to the debtor can be a good way to start. Use the “return receipt requested” postal delivery service. In the letter, describe the loan, demand repayment, and let the debtor know of your intent to take legal action if needed. If no repayment occurs and the total of the loans is $10,000 or less, a lawsuit can be filed in the county magistrate court where the debtor lives. If the debt is more, the lawsuit needs to be filed in the appropriate circuit court. After the debtor is served a copy of the official complaint according to state requirements, he or she can file a written response. Next, a hearing will be scheduled during which evidence about the loans and their terms, as well as testimony about the lack of repayment, will be needed to prove the case. Emails, phone messages, and text messages about the loans are useful. The debtor will also have the opportunity to present their defense.
Winning the lawsuit does not mean that collection of the amount owed will be easy or automatic. Before suing, take into account whether the person has a job or owns real estate or other assets that could be used to pay the debt. If the person is collection proof, suing won’t result in getting paid.
Guidance on unpaid loans or other legal issues is available at West Virginia Senior Legal Aid for state residents age 60 and over. Call 800-229-5068 or email info@seniorlegalaid.org.
Blindsided By Financial Exploitation
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
11/05/2024
Facing the painful and unexpected truth that he had already been cheated out of at least $30,000, Jerry had thought financial exploitation involved only scammers from some faraway place. But his granddaughter lived only a couple miles away.
Those closest to us actually have far easier access to the information needed for financial exploitation because we know and trust them. Anyone with income or assets of any age can be a victim, according to Federal Trade Communication statistics.
Those who live on fixed incomes, like Social Security or SSI benefits, especially need to look out for their future well-being by learning about financial protection. Looking back, Jerry realized that the fast pace of change had made it more difficult and frustrating for him to handle his finances the way he used to. He was 73, his wife had died some years before, and he was still grieving and lonely. Among other things, he neglected checking his bank statements and other financial account records. Things just piled up on the table, and he didn’t care.
Jerry’s lack of interest in financial matters had allowed his granddaughter Ana to clean out most of his bank account without his noticing it. He had always trusted her. Ana justified taking Jerry’s funds along the lines of you have it, I need it now, I’m taking it.
Without his permission, Ana had also set up new credit card accounts in his name and run up high charges. She had a lot of computer savvy and took advantage of him and the merchants. She had no intention of paying the credit card bills.
As many others have learned, the “family thief” can create or alter online accounts that the victim is blocked from opening or reviewing because they don’t have the new passwords. Jerry didn’t want to face the reality that his granddaughter probably used illegal drugs and was always asking him for money. Even when warned, family members often fall victim to the theft of funds and misuse of credit cards more than once.
When the amount of Jerry’s missing funds was discovered, the option of getting help from law enforcement was considered. He wanted to get his money back but was also reluctant to pursue criminal prosecution for fraud and theft against Ana. She was already in trouble for stealing from the company where she had once worked.Looking for light at the end of the tunnel, Jerry considered going to court to petition for a financial exploitation protective order from the county circuit or magistrate court. He was eligible since he was over 65.
The financial protective order, as authorized by West Virginia Code sec. 55-7J-1, et. seq., would specify that Ana was not to contact him or come to his house, as well as return the missing funds. It could also result in the criminal prosecution of Ana.
Further, Jerry realized he was a victim of identity theft and that the effects would likely go far beyond the present if not corrected. The ramifications and headaches could show up for years. Higher insurance premiums and interest rates on loans and credit card accounts, as well as a bad credit record and score, were on the horizon unless he took care of cleaning up the problem. A family member he trusted offered to stay involved to help him do that.
Sad to say, ignorance of protective measures and confusion about what’s happening actually increase the risk of financial exploitation.
West Virginians age 60 and over can get help to avoid or handle financial exploitation or deal with other legal issues by contacting West Virginia Senior Legal Aid at 800–229–5068 or info@seniorlegalaid.org.
Planning Ahead To Avoid Financial Exploitation
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
12/02/2024
Looking for ways to avoid being financially exploited? In today’s world, an ounce of prevention is worth its weight in gold and silver combined.
We are hearing more about financial scams, online fraud, and other rip-offs. We’re sitting ducks, evidently.
Just about anyone with more than $100 to their name can become the target of those who would happily rip them off without regret and then blame the victim for “letting them” do it.
Financial exploitation is happening every minute of every day. The victims are often too embarrassed and reluctant to tell anyone.
The Federal Trade Commission reported $10 billion in consumer fraud losses during 2023, a 14% increase over 2022. The agency received 2.6 million complaints from adults in every age group for a variety of scams, with nearly 100,000 people reporting losses of $10,000 or more. Investment scams accounted for almost half of the fraud losses.
To lower the chances of such losses happening to you, here are three worthwhile protective measures. Sign up online for the free service from the U.S. Postal Service that emails you images of the mail you will receive each day. Some may feel this is unnecessary, but it allows you to watch for financial statements, family messages, packages, or other important documents hours before they arrive. The email is proof that such an item is to be delivered to you.
You can also choose to have a trusted family member or friend receive these emails about your daily mail. If they see something suspicious or an unexpected change in your mail patterns, they may be able to detect exploitation or a scam and alert you to take action.It’s easy to benefit from this free service. Sign up online at informeddelivery.usps.com. Protecting your mail is also protecting yourself from horrible surprises.
A second way to minimize the possibility of financial exploitation is to give your debit and credit card companies permission to send you emails or text messages for purchases, withdrawals, and other transactions above a certain amount that you select.
This free financial monitoring method gives you early warning of any suspicious charges or other activity. Acting quickly can prevent further fraud. Check online or call the company to find out how this notification service can work for your benefit. The third protective measure is to select and work with a “watchdog.” You and the watchdog, a trusted relative or friend, can set up an informal arrangement to discuss financial and budgeting decisions and undertake planning to assure long-term financial well-being. It’s not a typical topic of conversation, but it can be highly effective.
No formal document is needed because this helpful person will simply provide their input on financial choices to be sure the right things are happening for you.
Of course, part of the arrangement will be that you are willing to listen seriously to your watchdog’s opinions and guidance. Otherwise, it will be frustrating for all. Knowing that you have a backup for such important directions in life, an extra brain to evaluate a situation, helps assure that you can protect your financial well-being and not fall victim to scammers or thieves.
For assistance with financial exploitation concerns and other legal matters, state residents who are 60 or older may contact West Virginia Senior Legal Aid at 800-229–5068 or info@seniorlegalaid.org.
Mover Fraud
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
01/16/2025
It was a horror story happening to him, and Tom couldn’t believe it.
He wanted to move his family from Florida to West Virginia and called an interstate moving company he saw advertised. Tom signed a contract to have their belongings packed and moved. The cost estimate of $9200 was based mainly on the estimated number of pounds to be shipped and the distance involved.
Tom’s contract was actually with a broker. No one mentioned that the broker’s company was not going to handle the move itself.
When a broker lines up a moving company to handle the actual move, a second contract should be signed with the customer to lock in the terms and price, but often that is not done. Tom wasn’t aware of that important protection. Many learn there is a different company involved when the mover shows up, but they believe they are still covered under the contract with the original company they negotiated with.
The mover and crew arrived on moving day and demanded an immediate payment of $10,700 in cash, money order, or a cashier’s check from Tom after everything was loaded. The mover claimed the broker’s estimate was faulty had mentioned to Tom that there was a way to check for legitimate interstate movers online and learn more about the process. The information is available on the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) website at https://www.fmcsa.dot.gov/protect-your-move. At that point, Tom regretted not having done that. He thought he was being ripped off. On the other hand, he knew he had to get things going for the move. Like many, he paid but felt cheated. Even after paying the full amount, things didn't go well. After Tom and his family had arrived at their new home, their belongings had not.
Over the next three days, Tom spent hours calling people and trying to figure out where their beds, dressers and other household items were. He got very little information, and no delivery occurred. Because it was an interstate move, he couldn’t just call the county Sheriff’s Department for help. Feeling angry and frustrated, Tom checked the FMCSA website and learned that the mover was violating federal law by not being registered or licensed. That also meant that the company was probably not insured for losses, late deliveries, or damaged items. The FMCSA website provides information on the registration status, contact information, number of trucks, safety record, insurance coverage, previous complaint history, and other important factors about registered moving companies.
After being in their new home for five days with only what they had brought along crammed in their two vehicles or had bought locally, Tom called the FMCSA at 888-368-7238 to file a complaint against the mover. As some of their belongings finally arrived later that day, he wondered when the nightmare would end.
For West Virginia residents age 60 and over with legal issues, feel free to contact West Virginia Senior Legal Aid at 800-229–5068 or info@seniorlegalaid.org.
Advance Planning For The Nursing Home Decision
By Deb Miller, Former West Virginia Senior Legal Aid Volunteer Contributor
05/06/2025
All too often, a person or their family ends up making a rushed decision about going into a nursing home for long-term care.In addition to health issues, there are financial concerns at such a time.
Planning ahead, one or two years out, can be the smartest option to get over these hurdles well in advance.
Many will face out-of-pocket payments for the entire cost of their care because traditional Medicare and Medicare Advantage will not pay for long-term nursing home costs.
Other West Virginians can receive long-term care coverage for a nursing home stay through the federal Medicaid program based on their income and assets.
Confusion about the Medicaid qualification process and not being aware of what’s needed next can increase a person’s stress and risk for financial exploitation. For example, others may suggest gifts or property transfers, often to themselves, that should not be done.
Plus, there is always the possibility of losing the capacity to gather such information and to make such decisions coherently. Handling this evaluation for Medicaid eligibility on a preliminary basis now is also a way to protect your spouse, family, and property as permitted by federal law.
The evaluation process starts with a listing of all types of assets and their current value. Income amounts must also be listed. A standard form at www.wv.dhos.gov is available for this purpose.
To qualify for Medicaid long-term care, a person may own a certain amount of assets, including a home (maximum equity in 2025 of $730,000), a car, personal property, an irrevocable prepaid burial plan, and up to $2,000 in other non-countable assets.
Completing the qualification form on a proactive basis does not require hiring a lawyer. Counselors with the WV SHIP program can help at 877-981-4463. Further, the SHIP counselor can explain the process of nursing home admission and reduce concerns about doing this.
Many facing the nursing home decision think that the government will take their home to pay for their care. They think that if they give away their house to their children or add their childrens’ names to the property deed while they continue to live there, they will be fine. The opposite can be true.
The reason for that is the long-term care Medicaid eligibility process involves listing any transfer of assets or property made within the previous five years, including those for which you didn’t receive full compensation.
If you gave your home or partial ownership in it to your children, a friend, or any others within that five years without full compensation, there will be a period of ineligibility for coverage. In Medicaid lingo, that gift of your home causes an uncompensated transfer of assets penalty.
The penalty is losing out on Medicaid coverage of the nursing home costs for a period of time, based on a formula, equal to the value of the property given away. During the penalty period, you will have to pay the nursing home bills on your own.
An option to protect your home is a transfer on death deed. It changes nothing about your current ownership for Medicaid eligibility and lists the after-death recipients. Automatic transfer of the property occurs after death and avoids probate.
For free legal assistance with a non-criminal matter, West Virginia residents age 60 or older may contact West Virginia Senior Legal Aid at 800-229-5068 or info@seniorlegalaid.org.
WV Landlord-Tenant Rights and Responsibilities
By Gracie Davis, West Virginia Senior Legal Aid Deputy Executive Assistant
06/23/2025
Whether you are a landlord renting out property or a tenant, it is crucial to understand your legal rights and responsibilities. The rental process in West Virginia is governed by state and federal laws, and in some cases city ordinances, designed to ensure fairness, safety, and clarity for both parties. This article provides a practical overview of West Virginia rental law, focusing on key issues. Clear knowledge of the law helps a landlord manage their properties responsibly and helps the tenant protect their rights and interests as tenants.
Before renting a home or apartment, most landlords will first ask prospective tenants to complete a rental application. This form typically requests information about the applicant’s background, credit history, and finances. Importantly, a landlord may choose not to rent to someone for almost any reason. However, that decision cannot be based on discrimination. Both federal and West Virginia Fair Housing Acts protect tenants from housing discrimination based on race, color, religion, national origin, ancestry, sex, disability, and familial status. Additionally, housing discrimination within the City of Morgantown based one's status of being a veteran is prohibited and redreassable by the Morgantown Human Rights Commission. Unfortunately, there is no federal law or West Virginia law that prohibits housing discrimination solely based on one's age.
Landlords must also make reasonable accommodations for tenants with disabilities. For example, they may need to allow a service animal even if they usually prohibit pets, or they may need to permit certain modifications to improve accessibility. These laws also outline who is responsible for paying for such changes. While landlords may ask questions relevant to the rental process, they may not ask anything that would violate fair housing protections. When it comes to leases, West Virginia law allows a lease to be either oral or written if it is for less than one year. However, if the lease lasts for one year or longer, it must be in writing to be enforceable. Because oral leases can lead to disputes, it is usually best for both the tenant and the landlord to have a written agreement that clearly explains each party’s responsibilities. Tenants should always keep a copy of the lease for their records.
Before moving in, tenants should carefully inspect the rental unit. If any problems are found, it is important to document them with notes or photos. This can help prevent being wrongly blamed for existing damage later on. Under West Virginia law, landlords are required to rent out properties that are fit and habitable. This includes providing basic necessities such as water, electricity, and heat. In return, tenants must pay rent on time as outlined in the lease. Generally, a tenant may not withhold rent unless the landlord has failed to maintain the property in a livable condition and certain legal procedures are followed. Tenants also have the right to privacy and peaceful enjoyment of their homes. Landlords may not enter the property without giving notice and scheduling a time, unless there is an emergency.
Security deposits are another important part of the rental process. This refundable payment protects the landlord against damage or unpaid bills. After the tenant moves out, the landlord must return the deposit promptly unless there are legitimate deductions. If deductions are made, the landlord must provide a written, itemized list explaining the charges.
If a tenant moves out before the lease ends without paying rent, the landlord may take back possession of the property. Landlords may also take control of personal property left behind, but they must follow specific legal guidelines about how to handle it.
In some cases, a tenant may remain in the rental unit after the lease has ended. This is called “holding over.” When that happens, the landlord may charge additional rent or may begin eviction proceedings.
To legally evict a tenant, the landlord must first provide a notice of termination. If the tenant does not comply, the landlord can file a lawsuit in court. Importantly, a landlord may not forcibly remove a tenant, change the locks or cut off utilities without a court order.
Only a court can issue an eviction order, and a legal process must be followed to serve it.
If a tenant is facing eviction or other legal issues, they may be able to receive help with legal fees. By filing an affidavit of indigency, some court costs may be waived if the court finds the tenant qualifies for that assistance.
West Virginia Senior Legal Aid provides free civil legal services to state residents 60 years old and older. We are dedicated to defending seniors’ rights.