Latest / Ask the Lawyer / 05/29/2025 Ask the Lawyer with Harvey Peyton

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05/29/2025 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Speaker 3: Put the power maybe on the side. We have a
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Speaker 3: court room experience of such you need. We never give up.
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Speaker 3: We're prepared to fight for your rights. When you need action,
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Speaker 3: count on us. Put the power of page.
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Speaker 4: On your side, the power.
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Speaker 2: And every po's a good morning to you. It is
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Speaker 2: Thursday morning in the state of Charleston, or in the
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Speaker 2: state and the city of Charleston, the state of West Virginia,
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Speaker 2: the country of the United States of America. Harvey Payton
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Speaker 2: is in the studio with us this morning, taking your
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Speaker 2: phone calls. Threes are a fourth, three, four, five, fifty eight.
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Speaker 2: You can put the power of paytent on your side. Harvey,
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Speaker 2: Good morning. How are you doing this morning? Well, I'm
1:09
Speaker 2: doing quite well, Dale, I privileged to be here. I
1:12
Speaker 2: think this is three weeks in a row.
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Speaker 4: Yeah, yeah, right. Tom took a much needed couple of
1:17
Speaker 4: days off. He's been really, really busy. That's good in
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Speaker 4: the office lately, and so you just have to decompress sometime.
1:25
Speaker 4: It was a big week in our family. My middle grandson,
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Speaker 4: Logan Roberts, he graduated in Saint Alban's HIZ. Congratulations on
1:33
Speaker 4: Tuesday as we went down to the civic center. Logan well.
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Speaker 4: My daughter Sarah has two children, Logan and Lily, and
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Speaker 4: Lilian being the younger. Lilian's fourteen. Logan's turned eighteen last fall.
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Speaker 4: But he's the fourth generation Sahs graduate in the Peyton household.
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Speaker 4: My dad was oh oh, my dad was a thirty
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Speaker 4: nineteen thirty nine graduate high school. His father was sick disabled.
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Speaker 4: He went to work while the post office Pearl Harbor
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Speaker 4: came joined the Navy, spent four or five years and
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Speaker 4: the service came back. And then I was a boomer
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Speaker 4: and by both my sister and I see he was
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Speaker 4: a couple of years older than me and we both
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Speaker 4: graduated at Saint Albans High School, me in sixty seven
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Speaker 4: here in sixty four, and then Sarah and Tom both
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Speaker 4: graduated at St Albans High School and now Sarah's kids
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Speaker 4: are attending Saint alban'sis School and graduates. But really proud
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Speaker 4: of him. He's a really nice boy. He also went
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Speaker 4: to the trade school for half a day his last
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Speaker 4: two years. He wants to be a carpenter. How he
2:43
Speaker 4: did you know how young people are? He didn't get
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Speaker 4: all the trade. That's over a thousand hires in carpentry.
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Speaker 4: And I asked him about, you know, do you want
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Speaker 4: to pursue an apprenticeship? Now, Logan, Well, now he plays
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Speaker 4: in a band. His father's a musician and a really
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Speaker 4: accomplished musician and teacher. I want to do something in
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Speaker 4: the maybe in the music line. Well, it's tough, right,
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Speaker 4: he's playing in a band and he and his dad
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Speaker 4: a man they also play in But my advice was, Logan,
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Speaker 4: your mom, don't I won't want to hear me say this,
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Speaker 4: but maybe you see we got you that car for
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Speaker 4: your birthday. You might want to pack up your harmonica
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Speaker 4: and your guitar and your speakers and your clothes and
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Speaker 4: go out as sixty four. And when you get to Lexington,
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Speaker 4: cern South and when you get the Nashville stop and
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Speaker 4: just go try and find a job somewhere.
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Speaker 2: We have a call, Yeah, I think we have a
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Speaker 2: call for single morning. Could call in this morning for
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Speaker 2: the Peyton Law Firm. Three zero four three four five
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Speaker 2: fifty fifty eight. You're on the air color. What's your
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Speaker 2: first name?
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Speaker 5: This is Tim.
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Speaker 2: Hey, Tim, you're on the air with Harvey Payton. What's
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Speaker 2: your question for Harvey?
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Speaker 5: Hey, good morning guys. I have a question about I'm
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Speaker 5: not sure the name's exactly. It's a deed on death
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Speaker 5: or an here evocable trust. My parents are in their
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Speaker 5: eighties and that we're trying to get their everything in order.
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Speaker 5: They do have a will and I'm the beneficiary, but
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Speaker 5: I've heard that it's better to either do a trust
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Speaker 5: or the deed on death. I don't know the exact
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Speaker 5: name and that, and I just wanted some advice on
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Speaker 5: that in which one that Harvey would think would be
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Speaker 5: the best for me to go.
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Speaker 4: About for Well, that's really a fairly easy question for
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Speaker 4: me to answer. I'll be honest up front, Like I
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Speaker 4: tell everyone who calls the office or comes in the
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Speaker 4: office with a similar question. I'm not big at all
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Speaker 4: on the creation of trust, whether revocable or irrevocable, for
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Speaker 4: ninety nine percent of the folks that we deal with,
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Speaker 4: and I think who are in our population here, for
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Speaker 4: a state planning creates a separate and distinct legal entity.
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Speaker 4: There's reporting requirements required, there are tax id numbers that
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Speaker 4: need to be obtained. Sometimes people folks just don't do
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Speaker 4: their paperwork correctly. They don't make a proper transfer into
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Speaker 4: the trust, and so property title might be a little clouded.
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Speaker 4: The simplest thing to do, and simple is the key
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Speaker 4: in a state administration. If your mom and dad have
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Speaker 4: a home that they've lived in a considerable period of time,
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Speaker 4: they can leave it to you in their will, which
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Speaker 4: means that after their the last of them passes away,
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Speaker 4: you do have to complete the probate process before that
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Speaker 4: property is necessarily marketable. Or you can use what's called
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Speaker 4: a transfer on death deed. Transfer on death. Yes, it's
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Speaker 4: a device that was authorized and created by our legislature
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Speaker 4: back I think in twenty fifteen, and it was in
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Speaker 4: conformity with what most other states do. Is a part
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Speaker 4: of the National Commission on Uniformed State Laws, and in
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Speaker 4: a nutshell, it says that you or any property owner
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Speaker 4: can convey real estate to a named beneficiary or beneficiaries,
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Speaker 4: either outright or on a condition on death that recites
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Speaker 4: the statute this transfer takes effect on my death. You
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Speaker 4: go ahead and record the deed, but the person who
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Speaker 4: owns the property, who is executing the deed, still retains
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Speaker 4: the full elements of ownership. They can sell it, they
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Speaker 4: can borrow money on it, they can use a reverse
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Speaker 4: mortgage if they need some money. And they don't need
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Speaker 4: to go to the beneficiaries and get them to cooperate.
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Speaker 4: They can change their mind and revoke the transfer on
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Speaker 4: death deed or record another one. And so I mean,
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Speaker 4: I would say that in the law business and considering
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Speaker 4: things that the legislature has done with the states and property,
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Speaker 4: the one that I see no real downside to is
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Speaker 4: using a transfer on death deed. It's simple, and what's
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Speaker 4: required when the last survivor of the of the grant
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Speaker 4: ours of the people who are executing the deed, when
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Speaker 4: the last in this case your mom and dad, when
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Speaker 4: the last one unfortunately passes, then you go to the
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Speaker 4: assessor's office in the county where the real estate is.
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Speaker 4: They can look up the deed on record, and you
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Speaker 4: show them the death certificates, and there's a simple form
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Speaker 4: that most counties have that you sign and they just
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Speaker 4: transfer the property on the textbooks. Period. That's it, and
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Speaker 4: many the states after that are not even probated. Be
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Speaker 4: honest with you, I'll tell folks write a simple will
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Speaker 4: in case something comes up. For instance, you know a
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Speaker 4: lot of folks that will get a call from they
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Speaker 4: have to probate their will to make that transfer. Otherwise,
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Speaker 4: keep it in a safe place and probate it if
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Speaker 4: you need it. But if you make proper beneficiary designations
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Speaker 4: on your bank accounts, your tax exempt retirement accounts, and
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Speaker 4: exercise the use of a transfer on death deed to
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Speaker 4: to take care of your real estate, there are a
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Speaker 4: lot of situations where you don't need to private that will.
8:24
Speaker 4: And that's one of the things. Now I'm the elder
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Speaker 4: partner down there, so I do very little litigation. Tom
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Speaker 4: does a lot of litigation, of which he is exemplary,
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Speaker 4: by the way, But that's one of the things when
8:39
Speaker 4: I talked to folks, that's what we talk about. You know,
8:41
Speaker 4: here's what you need, here's what your goals are. Your
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Speaker 4: goals are really to make it as simple as possible.
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Speaker 4: When you're gone, you don't write a will for yourself.
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Speaker 4: You don't make a state plans for yourself. You make
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Speaker 4: them for your airs. So it's purely a prospective enterprise.
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Speaker 4: And yeah, we can talk about, well, what are your goals?
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Speaker 4: What do you want to do? Maybe it's not simple.
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Speaker 4: Maybe you want to remember some grandkids. Maybe you want
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Speaker 4: to you know, there might be a place for a
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Speaker 4: trust embedded in a will if they're going to leave
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Speaker 4: property or money to a grandchild who may be underage,
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Speaker 4: but that's a rare occurrence and we do those not infrequently.
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Speaker 4: But to create an irrevocable trust or separate, freestanding trust
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Speaker 4: as a state plan, I wouldn't recommend it, okay, And
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Speaker 4: if they want to call and talk on the phone
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Speaker 4: about it to the office, just give me a bus.
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Speaker 4: Not this week, because I've really bogged down this week
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Speaker 4: and trying to get some pleadings filed in a one
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Speaker 4: of those litigation matters. But if you'll call the office
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Speaker 4: next week, or have your mom and dad or want
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Speaker 4: of them call, and if they want to come in
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Speaker 4: for an appointment, we never charge for an initial consultation.
9:45
Speaker 4: We can try to hash it out. How's that?
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Speaker 5: That is wonderful. What would we need to bring to
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Speaker 5: the office.
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Speaker 4: When we come, Well, initially just yourself and we'll talk
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Speaker 4: a bit and we'll determine if we need anything else.
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Speaker 5: Okay, that is wonderful. Thank you so much, sir.
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Speaker 4: No problem, Thanks for calling here.
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Speaker 2: We appreshate your call this morning. Tam, thanks so much
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Speaker 2: for calling in. And you can do the same thing
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Speaker 2: if you want to put the power of Paton on
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Speaker 2: your side. By the way, the address of the Payton
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Speaker 2: Law from twenty you to one First Avenue and Nitro,
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Speaker 2: West Virginia, So if you're headed there to meet with
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Speaker 2: Harvey or Tom, that's where you're headed. Their phone number
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Speaker 2: three is are A four seven five five fifty five
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Speaker 2: fifty six threes z aerre A four seven five five
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Speaker 2: fifty five to fifty six. You can call us this
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Speaker 2: morning just like Tim did. Threes are four three four
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Speaker 2: five fifty eight fifty eight. Threes are A four three
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Speaker 2: four five fifty eight fifty eight. We do have We
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Speaker 2: do put you in Q as soon as you call,
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Speaker 2: So just a hold for a minute. You'll hear us
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Speaker 2: talking and everything, and then we'll put you right on
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Speaker 2: air when it's your turn. So if you hear us talking,
10:38
Speaker 2: then you're in the right place when you call on
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Speaker 2: the phone.
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Speaker 4: All all right, let me ask you a question. I'll take
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Speaker 4: shoot way. I was here this morning a little early,
10:44
Speaker 4: and we looked through and looked through the class yesterday
10:47
Speaker 4: studio which is I mean, we did this show originator
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Speaker 4: for best Studio for probably a long time, ten twelve
10:55
Speaker 4: years or better. Didn't look like that, No, it did not.
10:58
Speaker 4: And then you show me the TV aspect. So once
11:03
Speaker 4: the TV aspect is completely set up and the software
11:06
Speaker 4: is in place and the hardware is in place, will
11:10
Speaker 4: listeners to ask the lawyer be able to go online?
11:15
Speaker 4: W five eighths? What's the what is the there's an
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Speaker 4: FM counterpart?
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Speaker 2: Yeah, we have a ninety six five and one and
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Speaker 2: four five. Depending on where you are in the in
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Speaker 2: the county, you get those a little better up in
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Speaker 2: the like the Nitro area. I think one of four
11:27
Speaker 2: five stretches a little farther that direction downtown ninety six five.
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Speaker 4: So if somebody streaming on their cell phone, for instance,
11:32
Speaker 4: they'll be will they be able to look upon the
11:37
Speaker 4: countenance of the members of the Peyton Law Firm as
11:40
Speaker 4: we speak here.
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Speaker 2: Now, what I am really Yeah, what I'm relying on
11:44
Speaker 2: is we have a we have a really sharp video
11:47
Speaker 2: specialist that we hired that works with us, and so
11:49
Speaker 2: we are going to do it. What I'm not sure
11:51
Speaker 2: of yet is if we're going to have a special
11:53
Speaker 2: link right on our website that you'll be able to
11:56
Speaker 2: go to and have like a like a private network
11:58
Speaker 2: feed of some sort that we'll put on, or if
12:00
Speaker 2: we just simply uh simulcast the show like on YouTube
12:03
Speaker 2: and go live on YouTube and have the video on
12:05
Speaker 2: there where folks can look at. So that's that is
12:06
Speaker 2: the next step that we're doing here locally. Uh, the
12:09
Speaker 2: stuff that we saw in there, it's built for the
12:11
Speaker 2: network first and then we get the local aspect of it,
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Speaker 2: and we have that coming very soon.
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Speaker 4: Yeah, I've got an app better News.
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Speaker 2: Yeah, the Metro News TV app. Yeah, they're the whole things.
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Speaker 2: When as a matter of fact, they've been h they've
12:23
Speaker 2: been filling that thing out quite a bit recently. I
12:25
Speaker 2: noticed just yesterday I was on and they've backfilled a
12:28
Speaker 2: lot of our shows. They've put a lot of years
12:31
Speaker 2: of like talk Line on air where you go back
12:33
Speaker 2: and listen to archives way back from when Hopey was
12:36
Speaker 2: on there. They started doing our show in the afternoon
12:38
Speaker 2: with Dave with Dave Weekly there. It's been on video
12:41
Speaker 2: for a couple of weeks now, but now archives are
12:43
Speaker 2: starting to show up on there. It's a nice you
12:44
Speaker 2: can go on that thing and have it on your
12:46
Speaker 2: smart TV. There's uh, there's years of high school football
12:50
Speaker 2: state championships on there and basketball for Metro News. That's
12:52
Speaker 2: the video broadcasts that we've had the rights to for
12:54
Speaker 2: a while that you can go back and watch. It's
12:55
Speaker 2: some pretty nice stuff.
12:56
Speaker 4: Good for us to see that because exactly it's from
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Speaker 4: the state point of the Peyton Law Fair. We started
13:01
Speaker 4: doing this bike See, Tom wasn't out of law school yet.
13:04
Speaker 4: When I got into a relationship with this station, I
13:08
Speaker 4: asked it was called asked the expert, and I asked, well,
13:10
Speaker 4: we just make that ask the lawyer, and we've been
13:12
Speaker 4: quite satisfied. It's advertising, of course, it's I think we
13:17
Speaker 4: serve a bit of a public service and we intend
13:19
Speaker 4: to by showing folks that don't be afraid to call
13:22
Speaker 4: a lawyer, don't be afraid to talk to a lawyer.
13:25
Speaker 4: Keep it by there, no stupid questions Uh, you know,
13:30
Speaker 4: don't be embarrassed to ask anything. I mean, if you
13:32
Speaker 4: sit in the chair that I've set in for over
13:34
Speaker 4: fifty years as a lawyer, you've heard almost everything. Something
13:37
Speaker 4: surprising comes up every now and then. But get it
13:40
Speaker 4: off your chest. You'll feel better after you talk to
13:43
Speaker 4: a lawyer.
13:43
Speaker 2: Say we learn a little bit too. I mean, I
13:45
Speaker 2: feel like I've learned a little bit.
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Speaker 4: So the fact that you know, we may be on television.
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Speaker 4: We don't advertise on television. A lot of folks do,
13:55
Speaker 4: I think. I mean, it's a changing climate. We you know.
14:00
Speaker 4: I guess you could say there are a lot of ways.
14:01
Speaker 4: If you want to be the tallest tree in the forest,
14:03
Speaker 4: you can put down deep roots. You can work in
14:05
Speaker 4: the community. You can try and reach for the sunshine,
14:07
Speaker 4: look to the light, keep your head up where you
14:09
Speaker 4: can just cut everybody else down. And we're on the
14:12
Speaker 4: first level, not on the second level. So if you
14:15
Speaker 4: have an issue what we do well. Tom's almost exclusively
14:20
Speaker 4: a litigator in the from the standpoint of bodily injury,
14:25
Speaker 4: wrongful death. He does so, security disability. He does a
14:28
Speaker 4: lot of employment law and workplace injuries. It claims bad faith,
14:38
Speaker 4: insurance claims practices. UH do a little bit of asbestos work.
14:42
Speaker 4: It's a carryover from the years when I did hundreds
14:45
Speaker 4: of railroad workers. We means thethlium as a horrible thing.
14:48
Speaker 4: We've we've helped folks. UH tookly an Iro area. You
14:52
Speaker 4: know Saint albans Poke Winfield out on the red House shield.
14:56
Speaker 4: There's so many people who were pipe fitters or laborers
15:00
Speaker 4: who swept up the floors while they were putting an
15:03
Speaker 4: insulation for men and women who worked at the plants.
15:07
Speaker 4: So we've been quite successful helping folks there. H So
15:12
Speaker 4: you give us a call. But again, I being on television.
15:17
Speaker 2: Yeah, I'm looking forward to when when that happens. And
15:20
Speaker 2: ideally what I'd like to see happen is when our
15:22
Speaker 2: shows at live, people could go even to your website
15:24
Speaker 2: and they would be able to go to Peytonlaw Firm
15:26
Speaker 2: dot com and there'd be a little window up there
15:27
Speaker 2: that we can have been on there and they could
15:28
Speaker 2: just watch it straight from your website too. That's hopefully
15:30
Speaker 2: what's in store. I think that we pretty good. I
15:32
Speaker 2: think we have another phone call. Why don't we get
15:34
Speaker 2: to the phone call and then we'll take a break.
15:35
Speaker 2: Here in just a moment. Call whether you're on the air.
15:37
Speaker 2: What's your first name? You know you're talking to Harvey Payton,
15:40
Speaker 2: Sir Rick?
15:41
Speaker 4: Hey?
15:41
Speaker 6: Rick?
15:41
Speaker 2: How you doing this morning?
15:43
Speaker 6: Oh? Not too bad?
15:44
Speaker 2: What do you What do you have for Harvey?
15:46
Speaker 6: I got two questions going. The first one is got
15:49
Speaker 6: some land there in me? It's about eight acres? Yeah,
15:53
Speaker 6: it's sat up in airship? Is there any way at
15:55
Speaker 6: allway get it out of airship? And the second question
15:59
Speaker 6: is is advertising on TV that your lane can be
16:02
Speaker 6: sold you don't even know about it? Is that true
16:04
Speaker 6: for West Virginia too?
16:07
Speaker 4: Well, let me take the last one first. No, you know,
16:15
Speaker 4: now you know, fraud is a universal human trait. People
16:22
Speaker 4: are greedy and people don't follow the law at time.
16:26
Speaker 4: So if someone wanted to create a completely fraudulent document
16:31
Speaker 4: such as a deed from you for your land to
16:35
Speaker 4: them or someone else, and forge your signature and forge
16:39
Speaker 4: a notary, I mean that going that could happen. I
16:42
Speaker 4: mean it can't happen because human beings are involved. But
16:45
Speaker 4: would that be valid If the answer is no, does
16:48
Speaker 4: that happen in West Virginia? If it does, it's extremely
16:51
Speaker 4: rare and I've never heard of it, and now I've
16:53
Speaker 4: heard of some people you know who engage in shady
16:56
Speaker 4: practices in real estate. I had one where, you know,
17:01
Speaker 4: a person approached a family about buying a fairly sizable
17:05
Speaker 4: track down to Mason County and quoted them a phenomenal price,
17:08
Speaker 4: which they jumped right on and owner financed it, so
17:12
Speaker 4: they got a menial down payment, signed a deed to
17:15
Speaker 4: the property to the person that they essentially loaned the
17:18
Speaker 4: money to buy it from themselves. They proceeded to go
17:22
Speaker 4: in and peel it like a grape, sell four or
17:24
Speaker 4: five hundred thousand dollars worth of timber, and then run
17:26
Speaker 4: back to Ohio where they came from. That can happen,
17:29
Speaker 4: But no, I mean that's those ads generally are selling
17:31
Speaker 4: some sort of monitoring. That's I'm not going to comment
17:36
Speaker 4: on their product. They don't know about their product, but
17:38
Speaker 4: I do not think it's anything you need to be
17:40
Speaker 4: concerned about. In West Virginia with regard to the eight acres,
17:43
Speaker 4: if it's an airship, there's always a statutory solution to
17:47
Speaker 4: resolve that. We can institute what's called a partition claim,
17:52
Speaker 4: join all the heirs. You may even purchase a partial
17:58
Speaker 4: interest in the property and is it yourself. The bottom
18:02
Speaker 4: line is going to be how much is the land worth?
18:04
Speaker 4: Because the transactional costs are not small. You know, you
18:06
Speaker 4: got to file a lawsuit, serve people with papers, You
18:10
Speaker 4: got pay lawyers, probably pay, you know, get it a praise.
18:14
Speaker 4: So that's one of those things that's so fact dependent.
18:17
Speaker 4: You can solve that problem, but it all depends on
18:19
Speaker 4: whether the solution is worth what you put into it.
18:24
Speaker 4: So you can just give me a call at the
18:25
Speaker 4: office sometime next week. Just tell the lady you called
18:29
Speaker 4: on the radio and I'll be glad to just talk
18:31
Speaker 4: it through with you. How's that okay?
18:34
Speaker 6: Sounds good?
18:35
Speaker 4: All right, Rick, thanks for calling.
18:36
Speaker 2: Appreciate the phone call.
18:37
Speaker 4: Rick.
18:38
Speaker 2: Let's go ahead and go to the next call that
18:39
Speaker 2: we have in line. We have Jerry on the line
18:40
Speaker 2: calling in this morning. Jerry, good morning. How are you
18:42
Speaker 2: doing this morning?
18:42
Speaker 4: Morning?
18:42
Speaker 7: Jerry, good morning folks. How'd you know it was me?
18:46
Speaker 8: The caller?
18:46
Speaker 2: Ide?
18:46
Speaker 4: Jerry, Well, I knew it was you when I heard
18:49
Speaker 4: your voice. It's unmistakable your your voice is an eye call.
18:52
Speaker 2: And by the way, that's a que line that you're
18:54
Speaker 2: calling into there, Jerry, So just hold on tight and
18:56
Speaker 2: we'll get right to you. Okay, but you're I mean,
18:59
Speaker 2: you're only there now, but in the future what you thought.
19:01
Speaker 2: I noticed that you hung up when I cued you
19:03
Speaker 2: to the first time. But I'll just let you know
19:04
Speaker 2: because I know you're a regular, right.
19:06
Speaker 7: Okay, Thanks Harvey. I've gotten interesting question, but it's a
19:12
Speaker 7: common question. You've probably answered it a thousand times. I
19:16
Speaker 7: have a cousin who lives directly across the street from
19:21
Speaker 7: the City of Charleston's dividing line for the city. In
19:26
Speaker 7: other words, on one side of the street, it's city,
19:29
Speaker 7: across the street it's county, all right. On the city
19:33
Speaker 7: side there was an abandoned house. So about eight or
19:38
Speaker 7: ten years ago, the city came in tore down the
19:41
Speaker 7: abandoned house. Well, my cousin's stepson lives on the city
19:47
Speaker 7: side of the dividing line, and his house is directly
19:53
Speaker 7: next door to the property that is now a lot.
20:00
Speaker 7: The city tore down the house, all right. So the
20:03
Speaker 7: steps on has been taking care of that empty lot
20:07
Speaker 7: now for eight or ten years, cutting the grass and
20:10
Speaker 7: making it look nice. Is there something in the law
20:15
Speaker 7: that says that he can own that property after so
20:19
Speaker 7: many years since he's been taking care of it and
20:22
Speaker 7: the city's done nothing.
20:24
Speaker 4: Well, there are a couple of issues there. I need
20:26
Speaker 4: to really talk to him. I mean, he can call
20:29
Speaker 4: the office sometime and you know, if the city owns it.
20:34
Speaker 4: Adverse possession against public authority is really problematic. I mean,
20:39
Speaker 4: because the public owns property. The fact that the public
20:42
Speaker 4: or remember of the public uses it or cuts the
20:45
Speaker 4: grass generally consider a matter for the public good. It's
20:48
Speaker 4: not adverse to the city. It's sort of like planning
20:52
Speaker 4: your garden and right away that's shown on the city map,
20:56
Speaker 4: but the city ends it. I mean, even if you
20:58
Speaker 4: plan a garden on it for fifty years, they can
21:01
Speaker 4: make you move. Now, that's not always the case with
21:04
Speaker 4: these dilapidated housing lots. Sometimes the title to the underlying
21:08
Speaker 4: property stays in the property owner, subject to a lean
21:13
Speaker 4: that the city files and NITRO. That's what our Land
21:16
Speaker 4: Redevelopment Authority does with a lot of houses. They tear
21:19
Speaker 4: them down I after notice to the property owner, but
21:23
Speaker 4: the lot's still there subject to the lean and the
21:28
Speaker 4: city files at the courthouse. That'll be repaid for the
21:31
Speaker 4: demolition expenses. So if it's owned by a private individual.
21:35
Speaker 4: Then depending on what your steps on has done, your
21:39
Speaker 4: cousin steps on has done, and the nature of his activity,
21:43
Speaker 4: he may have a claim for adverse possession after the
21:45
Speaker 4: passage of ten years. But you see what I'm saying.
21:50
Speaker 4: It's all I mean. The concept of adverse possession, because
21:54
Speaker 4: it involves the dispossession of someone of ownership of the
21:58
Speaker 4: real estate, is largely fact dependent. Now with relative as
22:02
Speaker 4: it relates to the city, it just doesn't exist. He's
22:06
Speaker 4: just done his neighborhood of favor by cutting the grass.
22:08
Speaker 4: If it's an individual, different rules may apply. I mean,
22:13
Speaker 4: that's sort of a beg off. But that's about the
22:15
Speaker 4: best I can do with what we got to work
22:16
Speaker 4: with here.
22:17
Speaker 7: Okay, I got you. So, So if the city owns it,
22:20
Speaker 7: if the government owns it, then that it stays with
22:23
Speaker 7: the government wherever.
22:25
Speaker 4: Right, Generally that's the rule, correct, Okay.
22:28
Speaker 7: Okay, all right, one last comment and I'll let you go.
22:30
Speaker 7: Did you get my links to the Mount Vernon Dairy Farm?
22:34
Speaker 8: Yeah?
22:34
Speaker 4: I did. I enjoyed that. I read it. I read it,
22:37
Speaker 4: loved it. I thought it was quite interesting. I mean
22:39
Speaker 4: that was when I was a little My grandmother was
22:42
Speaker 4: born down there on sixteen mile Creek, and that's kind
22:46
Speaker 4: of where after the First World War when my grandfather
22:50
Speaker 4: came back, he was disabled, so they still lived on
22:53
Speaker 4: the farm for a while before they went up to
22:55
Speaker 4: gaully Bridge, but we had cousins down there. Every other
22:58
Speaker 4: Sunday we would have to get in car in Saint
23:00
Speaker 4: Albans and drive down to Houston and Ama Kaffin's very farm,
23:04
Speaker 4: which was about a mile below the Shadle farm there
23:07
Speaker 4: on Old seventeen and so I'm really familiar with it.
23:11
Speaker 4: Drove back many times, came to know Jimmy Shadele and
23:13
Speaker 4: his wife later in their life after they sold the
23:16
Speaker 4: farm and moved to the new house on nine mile there,
23:19
Speaker 4: and yeah, it was really interesting. Thank you so much
23:21
Speaker 4: for sending that. I always like you're welcome.
23:23
Speaker 7: Thanks, thank you very much. I appreciate it, Sir, appreciate it.
23:25
Speaker 2: Jerry, thanks for the phone call. You can get in
23:27
Speaker 2: as well while we go. We're gonna go to commercial
23:28
Speaker 2: break here in just a moment. You can get in
23:30
Speaker 2: as we do if you'd like. Three zero four three
23:32
Speaker 2: four five fifty eight fifty. We also have a text
23:33
Speaker 2: question when we come back. This actually came in at
23:35
Speaker 2: the end of last week, and the listener bumped it
23:38
Speaker 2: up and reminded me to ask Carvey. So we'll get
23:40
Speaker 2: to that when we come back as well. Text Line
23:41
Speaker 2: number three zero four nine three five five zeros or
23:43
Speaker 2: eight if you don't have time to call in. If
23:44
Speaker 2: you want to call in, three zero four, three four
23:46
Speaker 2: five fifty eight fifty Peyton Mall from Harvey Payton is here.
23:48
Speaker 2: You can put the power of patent on your side.
23:50
Speaker 2: We'll be right back. You're listening to ask the lawyer.
23:51
Speaker 2: This is five eight whs the Boys of Charles at
23:54
Speaker 2: Peyton Law Firm. We fight for every bit of compensation
23:58
Speaker 2: you deserve. You need a law that will fight for you.
24:01
Speaker 2: Tom and Harvey Payton have more than fifty years of
24:04
Speaker 2: combined experience helping West Virginians win millions from greedy insurance companies.
24:10
Speaker 2: Let us spread that success to you handling injury and
24:13
Speaker 2: wrongful death claims of all types. If your injury is
24:17
Speaker 2: serious to you, it's serious to us. Visit Peytonlawfirm dot
24:21
Speaker 2: com and let our family fight for yours.
24:24
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24:32
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24:55
Speaker 3: What theo onside quote room experience, sech you need, we
25:03
Speaker 3: never give up. We're prepared to fight for your rise.
25:09
Speaker 3: When you need action, count on us. What the power
25:16
Speaker 3: of pason on your side? The power of pa.
25:21
Speaker 2: You can put the power of Paton on your side.
25:23
Speaker 2: This morning, three iSER A four three four five fifty
25:24
Speaker 2: eight fifty eight three four five fifty eight fifty eight.
25:26
Speaker 2: We're going to get to that text question in just
25:28
Speaker 2: a moment. But Lee called while we were in breaking
25:30
Speaker 2: He has a question for Harvey this morning. Lee, Good morning,
25:31
Speaker 2: how you doing this morning?
25:33
Speaker 8: Fine?
25:33
Speaker 5: Yourself doing very well?
25:34
Speaker 2: Thanks for calling in and listening. What's your question for Harvey?
25:37
Speaker 8: Great Harvey. I have a follow up question to the
25:41
Speaker 8: transferring depth deed from an earlier call, and I'm curious
25:47
Speaker 8: if the property in question is already listed in a will.
25:52
Speaker 8: Do you need to change the will or is there
25:56
Speaker 8: another process you have to handle or do if it's
25:58
Speaker 8: already listed.
26:00
Speaker 4: No, the transfer on death deed would would work. What's
26:06
Speaker 4: called ademption. That I mean a lot of people put
26:08
Speaker 4: a house, peace of property and will will the later
26:10
Speaker 4: sell the real estate, and we have the real estate's
26:12
Speaker 4: not there to be distributed as a part of the estate.
26:15
Speaker 4: That clause and the will is just inapplicable. It's a nullody.
26:19
Speaker 4: So the transfer on death deed takes precedence, it's executed
26:24
Speaker 4: prior and it speaks at the moment of death.
26:27
Speaker 8: So no, okay, they would supersede the what's listed in
26:31
Speaker 8: the will then for the property.
26:32
Speaker 4: Correct, that's correct.
26:35
Speaker 8: Oh great, well, I appreciate the help problem man.
26:38
Speaker 4: Thanks very much.
26:39
Speaker 2: Yeah, we like those cassetings for calling in. Appreciate that
26:41
Speaker 2: if you like to give us a call this morning,
26:43
Speaker 2: you can follow up as well. You and give us
26:44
Speaker 2: a call. The number is threes are a four three
26:45
Speaker 2: four five fifty fifty eight. Threes are a four three
26:47
Speaker 2: four five fifty eighth fifty eight is a number you
26:49
Speaker 2: can call in this morning to put the power repeating
26:51
Speaker 2: on your side. We had a text question when as
26:54
Speaker 2: well that we can get to and just a moment,
26:55
Speaker 2: let me read this for the audience that Harvey has
26:57
Speaker 2: already considered a little bit during the break. So here
26:59
Speaker 2: we go. This comes from the This comes from the
27:02
Speaker 2: text line from the three zero four to five to
27:04
Speaker 2: five two coopen Harvey. I was speaking with a gentleman
27:06
Speaker 2: last week that claims a back surgery did not go well,
27:09
Speaker 2: but when he contacted an attorney, he was told they
27:11
Speaker 2: could not help him because he quote unquote signed the papers.
27:15
Speaker 2: I have another friend that was in an accident recently
27:17
Speaker 2: and the other party's insurance said they needed a release
27:20
Speaker 2: signed agree not to take them to court because before
27:24
Speaker 2: they can pay for medical costs and vehicle repairs. Generally speaking,
27:28
Speaker 2: are they being told correctly?
27:31
Speaker 4: Generally no, whether they're specifically being told correctly, and I
27:38
Speaker 4: don't want to second guess another attorney. Let's talk with
27:41
Speaker 4: the back surgery first, and that depends on what the
27:44
Speaker 4: nature of the claim is. Just every surgery has known complications.
27:51
Speaker 4: Every time you have general ncs to their non complications.
27:54
Speaker 4: Every surgery involves perhaps scarring or the risk of nicking
28:00
Speaker 4: another organ, and those are explained to the patient. Generally
28:05
Speaker 4: in some writing and signed it's called a you know,
28:08
Speaker 4: it's a waiver. It says, I understand these are the
28:11
Speaker 4: risks involved, and I assume that I will be to
28:14
Speaker 4: take those risks because I want to get better. Now,
28:17
Speaker 4: If the problem complained of is within that range of
28:21
Speaker 4: anticipated normally expected effects of the surgery, so that you
28:29
Speaker 4: just get a bad result, but not a bad result
28:32
Speaker 4: because of a deviation from a standard of care, but
28:35
Speaker 4: a bad result because of the unfortunate occurrence of a
28:37
Speaker 4: side effect, then if that person signed, and they always
28:43
Speaker 4: do the acknowledgement of that and consent to treatment, then
28:48
Speaker 4: the advice is correct. That's going to supersede any potential claim. If, however,
28:54
Speaker 4: the claim of bad result is from a deviation from
28:58
Speaker 4: a standard of care, negligent, other than something that just
29:02
Speaker 4: can happen as a natural part of the treatment, then
29:07
Speaker 4: the advice is not correct. But all I assume the
29:10
Speaker 4: lawyer looked at the file and probably his device is correct.
29:14
Speaker 4: But generally it's something that I think you should always.
29:17
Speaker 2: Question, just so I understand, because I thought that was
29:21
Speaker 2: an interesting question. So I guess with any type of surgery,
29:24
Speaker 2: back surgery especially there's a spectrum of expected results. Some
29:27
Speaker 2: of them could be not great if your recovery isn't right.
29:31
Speaker 2: So what a surgeon or a doctor will have you
29:33
Speaker 2: do a sign a waiver saying, hey, you go into
29:36
Speaker 2: this with full knowledge, knowing that we're shooting for this result. However,
29:40
Speaker 2: it is known that these things can not go well
29:43
Speaker 2: and you can get some bad results within a spectrum. Well,
29:46
Speaker 2: those spectrums are somewhat unavoidable. Sometimes you.
29:50
Speaker 4: Have a colonoscopy. If you look at that consent for him,
29:53
Speaker 4: it mentions the known risk. I mean, it's one of
29:56
Speaker 4: those things that can happen is a nick. If you
29:58
Speaker 4: have to do a viob s either there might be
30:00
Speaker 4: a nick in the colon and there might be an
30:02
Speaker 4: infectious process, and you know that's not wanted. It's not
30:07
Speaker 4: certainly expected, but it's not uncommon and it can't it's
30:10
Speaker 4: it's an event. Will you take the risk of perhaps
30:12
Speaker 4: incurring an infection to be sure you're free of colon cancer? Well? Yeah,
30:18
Speaker 4: but what happens then is what if that nick and
30:20
Speaker 4: the colon causes an infection. The person goes to the
30:23
Speaker 4: emergency room and they tell them they have the flu
30:25
Speaker 4: because they've got a high temperature in their white counts up.
30:28
Speaker 4: And so they go home and five days later they're
30:32
Speaker 4: in sepsis and either long term hospitalization or death. Their
30:36
Speaker 4: negliance is not in the surgery or in the expected
30:39
Speaker 4: side effect. It's in the failure to find the problem
30:42
Speaker 4: and corrected which could have been done. I mean, I
30:44
Speaker 4: can tell you I had this thing called a dissecting
30:48
Speaker 4: a order about two years ago, and it almost killed me.
30:55
Speaker 4: I mean, I was at home and it happened. And
30:57
Speaker 4: as you're the alling, you your order splits and get
31:00
Speaker 4: blood going everywhere. And I'm in a hospital up here
31:04
Speaker 4: in Charleston and this doctor, Sandra, I've got to talk
31:06
Speaker 4: to you know, your kidneys may you may lose your kidneys.
31:10
Speaker 4: You know, we might not be able to walk again. Uh.
31:13
Speaker 4: You know, we don't know if we can do this
31:15
Speaker 4: with a graft. We may have to do it. And
31:17
Speaker 4: I'm saying, you know, Doc, my alternative to this is
31:22
Speaker 4: just dying, right He said, well, yes it is. But
31:24
Speaker 4: I've got to tell you this. You've got to understand
31:26
Speaker 4: if you want to, if you would rather just die
31:28
Speaker 4: than take the risk, you can do it. Well. Obviously
31:32
Speaker 4: I didn't uh, and it went well. And I mean,
31:35
Speaker 4: I mean this doctor Mussa, the vascular guy at say
31:37
Speaker 4: AMC's an angel. Just anyway. But let's go to the
31:41
Speaker 4: second one. A release. Well, if you submit a claim,
31:46
Speaker 4: uh say, their separate claim property damage to the car,
31:51
Speaker 4: if you can arrive in an agreement with the insurance
31:53
Speaker 4: company about what they're going to pay for either to
31:56
Speaker 4: repair the car or to total it and pay you
31:59
Speaker 4: the total loss value plus tax. Yes, when that claim,
32:04
Speaker 4: that property damage claim is settled, that's clearly distinct from
32:07
Speaker 4: any medical claim. You sign a release when when you
32:12
Speaker 4: endorse the back of the check, there's a release on there.
32:14
Speaker 4: I mean, you sign of release that I'm not going
32:16
Speaker 4: to ever sue you again over damage to this automobile. Now,
32:19
Speaker 4: with regard to the other side, sure, if the insurance
32:22
Speaker 4: cody says, well, here's our offer. We'll pay your medical bills.
32:26
Speaker 4: But if and if you accept that, we want you
32:29
Speaker 4: to sign a release agreeing not to suice, Well the
32:31
Speaker 4: answer is no. What about what about my aggravation, alloyints
32:38
Speaker 4: and inconvenience and having this second job you gave me,
32:41
Speaker 4: which was coping with being hurt. What about the other expenses?
32:45
Speaker 4: I incurred going to and from the hospital. What about
32:47
Speaker 4: the time I missed from work? No, this was my fault. Now,
32:51
Speaker 4: if you arrive at an agreed upon amount to settle
32:53
Speaker 4: it overall claim globally, including your medical expenses, then yes,
32:58
Speaker 4: at the end of the process to release the sign.
33:01
Speaker 4: But don't I mean, if you have a question about
33:04
Speaker 4: whether you're being treated fairly, it's one of the things
33:07
Speaker 4: you can do is you could either call me or
33:09
Speaker 4: Tom at the office, where you could send us an
33:11
Speaker 4: email through the website. We do this a lot for folks.
33:15
Speaker 4: You know, some people maybe it's a claim that it's
33:20
Speaker 4: not going to be financially beneficial to the person to litigate.
33:27
Speaker 4: Maybe they said, well, you know, here's the problem. You've
33:29
Speaker 4: got this issue and that issue. So if you get
33:31
Speaker 4: this offer, that would be fair. Iush to take it.
33:34
Speaker 4: If they won't pay it, to call us back and
33:36
Speaker 4: we'll represent you. We don't charge anything for that. But no,
33:40
Speaker 4: I would be leary. I mean, if you come to
33:42
Speaker 4: a final agreement with the insurance company about an amount
33:46
Speaker 4: that you agree is reasonable and fair to you to
33:49
Speaker 4: globally settle your claims. Number one year property damage claim
33:54
Speaker 4: in Toto and if it's a total loss, you're entitled
33:56
Speaker 4: to the book value of the car or something approximating that,
34:01
Speaker 4: plus five percent additional for the sales tacks in a
34:04
Speaker 4: check written to you or written to the lender if
34:06
Speaker 4: they have the title to your car. But if it's
34:09
Speaker 4: you that are hurt, you personally, your body, it's suffered
34:12
Speaker 4: a traumatic injury, then you've got medical bills, You've got
34:16
Speaker 4: other things. Nobody asked you to hurt. Nobody asks you
34:18
Speaker 4: to take days and go to the doctor. You didn't
34:20
Speaker 4: have anything to say about that. You had a job,
34:23
Speaker 4: if you weren't working outside the home. You had a
34:25
Speaker 4: job of enjoying your life, playing with your kids well,
34:28
Speaker 4: and then all of a sudden, you got a second
34:30
Speaker 4: job coping COPI and G. I've got to cope with
34:34
Speaker 4: this problem I didn't create. Maybe it's pain, maybe it's
34:37
Speaker 4: scheduling problems. What should a person pay me to cope
34:43
Speaker 4: with the effects of their negligence. I always took the attitude, well,
34:48
Speaker 4: it's at least minimum wage, and since you're you spend
34:54
Speaker 4: about eighteen hours a day awake, that would be couple
35:00
Speaker 4: hundred bucks a day just for the basic inconvenience of
35:05
Speaker 4: putting up with an injury, and over and above that
35:08
Speaker 4: anything that plus overtime. I mean, you don't get holidays
35:11
Speaker 4: off if your back hurts, if you've got a broken arm.
35:15
Speaker 4: Pain and injury do not discriminate. They're there all the time.
35:19
Speaker 4: So yeah, the answer, I mean, that's a long answer
35:21
Speaker 4: guests to a short question that generally, I say, just
35:25
Speaker 4: signing a paper does not condemn a medical negligence case,
35:33
Speaker 4: but it may depending on the facts. Number two, a
35:36
Speaker 4: completely release to an insurance company. Yes, but only when
35:39
Speaker 4: you are satisfied that what you're being offered and what
35:42
Speaker 4: you're being paid is reasonable under the circumstances. And if
35:46
Speaker 4: you have a question about that, call a lawyer. And
35:48
Speaker 4: I hope you'd call the Peyton Law Firm and come
35:50
Speaker 4: and see us.
35:51
Speaker 2: Okay, Peyton Law Firm is threes are four seven, five
35:53
Speaker 2: five fifty five fifty six. Threes are four seven, five
35:55
Speaker 2: five to fifty five fifty six every Thursday morning at
35:57
Speaker 2: eight twenty right here on five adwhs on the Lawyer.
36:00
Speaker 2: More information online Payton Law from dot com, p E
36:02
Speaker 2: y t O and Payton Law from dot com. Make
36:04
Speaker 2: sure we don't have any new text messages. That came
36:06
Speaker 2: in before I had one quick wait, they have about
36:08
Speaker 2: a minute left here, mat that's probably too uh, probably
36:11
Speaker 2: too short to ask about this. I have some I've
36:13
Speaker 2: had two people in my family that's been talking recently about, Hey,
36:16
Speaker 2: I think that I can take disability or I think
36:19
Speaker 2: that retirement you can get full retirement through disability, retire
36:23
Speaker 2: early through disability somehow, and they're they're searching through the
36:26
Speaker 2: paperworker for some way to do that. I have a
36:28
Speaker 2: loved one who's probably disabled legally going through the paperwork
36:32
Speaker 2: for that, and she's also like three years away from
36:34
Speaker 2: full retirement, and she's wondering if there's a way to
36:37
Speaker 2: get full retirement using disability as a bridge.
36:41
Speaker 4: We been talking about Social Security. Yes, yes, Well, if
36:44
Speaker 4: she's disabled to work and now you hadn't not yet
36:47
Speaker 4: ready for oldays retirement, if you ought to apply clearly
36:50
Speaker 4: and you know whether the the uh, whether the monthly
36:55
Speaker 4: benefit pull equal her current earnings. We always have to
36:58
Speaker 4: see about that and it spends a lot. Who work,
37:00
Speaker 4: What's you made? That's the question, Tom? Just to have
37:03
Speaker 4: it called Tom sometime in the next couple of weeks.
37:06
Speaker 4: Let him get back in town and he can answer that.
37:08
Speaker 2: Sure, we'll definitely do that. You can put the power
37:10
Speaker 2: of Paton on your side. It is that easy. Three
37:12
Speaker 2: z er four, seven, five, five, fifty five to sixty
37:14
Speaker 2: six online Patonlaw from dot com. Dave Ballen's up next
37:17
Speaker 2: with the Day Ballance Show one five a D Live.
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Speaker 2: I'll be back this afternoon at three or six with
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Speaker 2: a weekly on hotline. Have a great day everyone on
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Speaker 2: five ADWHS, the Voice of Charleston, fight A and E.
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Speaker 9: W C HSA ninety six point five.
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Speaker 2: That's on Charleston one oh four point five Cross Lanes
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Speaker 4: We're proud to live here too.