Latest / WCHS Network Podcasts / 11/06/2025 Ask the Lawyer with Harvey Peyton

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11/06/2025 Ask the Lawyer with Harvey Peyton · WCHS Network Podcasts

• 0:00
  Speaker 1: Unlock your dream property with Meeks Realty Group, where Rich
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  Speaker 1: Realty Group. Contact us at Meeks dot us.
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  Speaker 2: The views and opinions expressed on this program do not
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  Speaker 2: necessarily reflect the views and opinions of five eight WCHS
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  Speaker 2: it's employees or WVRC media of Courts.
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  Speaker 3: Oh Created Equal, We're mass Come here in a Kate
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  Speaker 3: Ray can robson tops one.
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  Speaker 4: You don't have to fight the law this morning. It
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  Speaker 4: is Thursday morning, twenty minutes past eight o'clock. You can
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  Speaker 4: put the law on your side by calling Hervey Paton
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  Speaker 4: from the Pathon Law Firm this morning three zero four
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  Speaker 4: three four five fifty eight fifty eight. Harvey's in the
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  Speaker 4: studio with us this morning. Haven't seen Harvey and a
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  Speaker 4: WHI How you doing this morning, Harvey?
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  Speaker 5: Well, I'm doing quite well. It's a beautiful morning. I mean,
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  Speaker 5: I'm afraid it may be the precursor to some bad
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  Speaker 5: weather on the way. The forecast for next week really sticks.
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  Speaker 5: We're supposed to have a day on Monday where I
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  Speaker 5: might reach forty. But it's the end of November. It's
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  Speaker 5: getting ready for Thanksgiving. Deer season is going to start
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  Speaker 5: a little bit of tracking snow to start. Deer season
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  Speaker 5: won't be bad up in the mountains. We'll just but today.
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  Speaker 5: Enjoy a day at a time, right exactly. Thays won't
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  Speaker 5: be gorgeous. You gotta get yesterday, and you can't. You
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  Speaker 5: don't know what's tomorrow, holl So, today is the day
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  Speaker 5: that was a beautiful drive in you know, I was
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  Speaker 5: listening to the intro music there. That's since I've sort
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  Speaker 5: of entered circling the drain phase of my legal career.
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  Speaker 5: Tom pretty much works with the advertising and optics and
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  Speaker 5: email X which I know nothing at all about. A
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  Speaker 5: query this morning on a Facebook post and well, you
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  Speaker 5: didn't read my AX commentary? Am I responsible? I don't
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  Speaker 5: know how to use it and I don't really and
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  Speaker 5: I don't really want to learn at this stage of
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  Speaker 5: my life. If you could just tell me what it said, uh,
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  Speaker 5: I'll be glad to take a look at it. You know,
• 2:19
  Speaker 5: it's a big day in the Yesterday was a huge
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  Speaker 5: day in the UH National legal world. The arguments in
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  Speaker 5: front of the United States Supreme Court regarding the ability
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  Speaker 5: of the Trump administration to use a We already have
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  Speaker 5: a called.
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  Speaker 4: I think we have call right, let's talk about the
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  Speaker 4: terraces here in just a second. We have a caller
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  Speaker 4: that's called in this morning in our auto Q. That
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  Speaker 4: means you have to identify yourself in the air. Callar
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  Speaker 4: go ahead. What's your first name?
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  Speaker 6: Joe?
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  Speaker 7: Hey, Joe, do you have a question for Harvey this morning?
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  Speaker 6: I do, Harvey. I got a question about state planning
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  Speaker 6: and passes at death deed. So if I have a house,
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  Speaker 6: I'm retired and I've got one to make sure it
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  Speaker 6: goes to my kids or whatever, and I create a
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  Speaker 6: passes that death deed, Yes, I understand it that basically
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  Speaker 6: as I when I reached my demise, I'll pull my
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  Speaker 6: death the deed automatically goes to my children or whoever
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  Speaker 6: I did that property to.
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  Speaker 5: Well, that's correct. Before night, before twenty fifteen, there was
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  Speaker 5: an adequated method of being sure that children or some
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  Speaker 5: favored person got a piece of real estate while retaining
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  Speaker 5: some control by the lifetime owner. And that would be
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  Speaker 5: to convey the property to normally a child or children
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  Speaker 5: and retain what's called a life estate that would be
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  Speaker 5: the right to live in, use and occupied with the
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  Speaker 5: property for the term of your life, and then at
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  Speaker 5: death what's called the remainder interests passed to children. That
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  Speaker 5: was quite often used. It became outdated in twenty fifteen.
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  Speaker 5: The problem with that procedure was and still is. I
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  Speaker 5: still see a few of them being written, although I
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  Speaker 5: wouldn't advise it. You lose control of your property because
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  Speaker 5: the children when you create a life estate in yourself
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  Speaker 5: with the remainder interest to your children and a deed,
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  Speaker 5: they have a vested interest and you can't borrow money
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  Speaker 5: against your house. You can't sell it without their signature
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  Speaker 5: and consent. A transfer on death deed simply eliminated that
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  Speaker 5: sort of fiction. I mean, you can now execute a deed.
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  Speaker 5: It's called a transfer on death deed. You can convey
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  Speaker 5: that future interest to your children or whoever you prefer,
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  Speaker 5: and the deed simply says that this passes no immediate
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  Speaker 5: interest in the property to the benefit fishery. But if
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  Speaker 5: this deed is on record and unrevoked at the time
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  Speaker 5: of my death, then they are the owners. It's not
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  Speaker 5: like I'm sorry. Good.
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  Speaker 6: My question is so if that brings that actual part
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  Speaker 6: of my question, So if I do a transfer on
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  Speaker 6: death deed, I can still borrow money against my house.
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  Speaker 5: Oh yes, yeah, that's specifically dealt with in a statute.
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  Speaker 6: But what happens if if I get to where I'm
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  Speaker 6: not able to take care of myself and I and
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  Speaker 6: I have to go into a nursing home, then nursing
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  Speaker 6: homes will try to take your property. Does that is
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  Speaker 6: this the house still protected with a transfer on death deed?
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  Speaker 5: Well, first of all, a nursing home. The manner in
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  Speaker 5: which real estate can become involved as an asset is
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  Speaker 5: if a person enters long term care and they do
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  Speaker 5: not have a long term care insurance policy or Medicare
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  Speaker 5: will pay for a certain number of days of long
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  Speaker 5: term care, assuming you're eligible for Medicare either because of
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  Speaker 5: disability or age, and after that then the Medicaid program
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  Speaker 5: will pay for long term care, but only if you
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  Speaker 5: meet an asset desk. You need to reduce your net
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  Speaker 5: worth of around thirty five hundred dollars. But the asset
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  Speaker 5: does not include your residence. That may include other property
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  Speaker 5: if you own a piece of commercial property, somewhere and
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  Speaker 5: it has some value. Indeed, you could be required by
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  Speaker 5: Medicaid Services to liquidate that property and apply the proceeds
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  Speaker 5: to your care before Medicaid kicks in. That doesn't apply
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  Speaker 5: to a residence. The law presumes that you're always going
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  Speaker 5: to be able to return home. Even though that may
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  Speaker 5: be a fiction, it's a legal fiction. So your house
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  Speaker 5: is safe.
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  Speaker 6: From still be protected.
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  Speaker 5: It'll be protected. Now, Now what happens. What happens then
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  Speaker 5: when you die? That's the question. If you have long
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  Speaker 5: term care expenses that are paid by Medicaid and you
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  Speaker 5: pass away, you own your residence, the Office of Medicare
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  Speaker 5: and Medicaid Services, through a contractor, may file a lean
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  Speaker 5: or a claim against your state to recover all or
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  Speaker 5: a portion of the expenses they paid. Now, that would
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  Speaker 5: suck in some real estate conveyances if they were made
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  Speaker 5: within five years of the date you became eligible for
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  Speaker 5: Medicaid services. Now does that apply to a transfer on
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  Speaker 5: death deed. When the legislature enacted the transfer on death statute,
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  Speaker 5: they specifically said in the Recitals to that code section
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  Speaker 5: that this would remove that property from the Medicaid look back. Obviously,
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  Speaker 5: if the deeds more than five years old, there's no
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  Speaker 5: question about it. If it's almost in a meets transfer
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  Speaker 5: on death, is there a look back? Well, our statute
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  Speaker 5: says no, but it's a federal program, and I'm not
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  Speaker 5: familiar with any litigation or administrative procedures in West Virginia
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  Speaker 5: that have challenged that position. Now, the forms that are
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  Speaker 5: filed wants to when a person passes away, if your
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  Speaker 5: state is probated, do ask where there any transfers on death?
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  Speaker 5: And then you have to list them out so that
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  Speaker 5: potentially there could be a lean asserted depending on the
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  Speaker 5: timing of the deed. Is it likely? Probably not? Kind
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  Speaker 5: of lawyer say for one hundred percent for sure if
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  Speaker 5: the conveyance is within five years of death. I mean,
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  Speaker 5: I'm asked that frequently, and my answer to folks is
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  Speaker 5: the same as I'm telling you, Well, the statute says
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  Speaker 5: it's not applicable, but it's a federal program, and it
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  Speaker 5: all depends on the attitude taken by the contractor or
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  Speaker 5: the particular state that administers the program. In West Virginia.
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  Speaker 5: Doesn't seem to have been a problem. It can never
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  Speaker 5: do any harm. A transfer on death deed has really
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  Speaker 5: no downside, it only has upside potential. You retain control
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  Speaker 5: of your house, you can borrow money on it, you
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  Speaker 5: can sell it if you want to liquidate it and
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  Speaker 5: go to Florida. Or you can change your mind and
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  Speaker 5: simply revoke the transfer on death deed before you die,
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  Speaker 5: or you can name another beneficiary, so there is no
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  Speaker 5: downside to that. And obviously, if obviously, if you meet
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  Speaker 5: the five year lookback period, regardless of what any regulation says,
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  Speaker 5: the home is protected from a look back, so.
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  Speaker 6: You could could go in if you say, two years
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  Speaker 6: down the road you say, wow, I don't want to
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  Speaker 6: really do a transfer on death to my children because
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  Speaker 6: my spouse died and I met somebody else and I
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  Speaker 6: wanted them to be able to stay in the house.
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  Speaker 5: Yeah, just revoke it. You can revoke it in writing
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  Speaker 5: and record that it's not a problem. We have done
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  Speaker 5: some of those, or you can write a succeeding transfer
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  Speaker 5: on death deed. I mean, if you want your wife
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  Speaker 5: to have the house, what I would recommend you do
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  Speaker 5: is you know you own the home individually, because your
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  Speaker 5: spouse passed away, and you probably have survivorship on the
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  Speaker 5: deed to your house, so you own it absolutely by
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  Speaker 5: operation of law. Is simply execute a deed from yourself
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  Speaker 5: to yourself and your wife as joint tenants with survivorship,
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  Speaker 5: and then it passes to her automatically. People ask a
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  Speaker 5: lot about probate, and my advice to most folks, most
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  Speaker 5: people who are just like us, working people who you know,
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  Speaker 5: you've got a house, you've accumulated some savings for a
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  Speaker 5: long term marriage or relationship. You don't want any more
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  Speaker 5: property to pass through probate than is absolutely necessary. Designate
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  Speaker 5: beneficiaries on all of your retirement account. That's essential for
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  Speaker 5: tax purposes, joint ownership of automobiles. Put both names on
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  Speaker 5: the title of your vehicles. If you have a savings
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  Speaker 5: or checking account, or a certificate of deposit, those can
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  Speaker 5: also be made what's called pod payable on death to
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  Speaker 5: a certain individual and a transfer on death deed to someone.
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  Speaker 5: None of that is part of your probated state, and
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  Speaker 5: many people don't probate a spouse's a state or a
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  Speaker 5: parent's of state because they don't need to. The wording
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  Speaker 5: of the documents themselves. Pass the property, whether it's real
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  Speaker 5: property or personal property, simply by virtue of the instrument
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  Speaker 5: that designates a beneficiary. I would recommend, and I do
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  Speaker 5: to folks, if you ought to write a simple will,
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  Speaker 5: put it in a lock box, don't have to probate
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  Speaker 5: it immediately. But sometimes things crop up. Case down in
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  Speaker 5: Putnam County where if the lady didn't need to probate
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  Speaker 5: her husband's estate, she thought because it only held property,
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  Speaker 5: had to transfer on death on some other real estate. Well,
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  Speaker 5: but two years later, come to find out he did
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  Speaker 5: have an interest in some stock that he had earned
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  Speaker 5: through his work. One of the plants done a nitro
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  Speaker 5: and it was titled only in his name, traded on
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  Speaker 5: a public exchange. And if that's the case, then probates necessary.
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  Speaker 5: They won't transfer that stock unless there's a representative of
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  Speaker 5: the estate appointed to do that. So in that case,
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  Speaker 5: all right, go get the will and probate it, get
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  Speaker 5: yourself appointed, transfer the stock, close out the estate. It's
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  Speaker 5: just a state safeguard. It's a backup. But you know,
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  Speaker 5: if you're come in like I spent a lot of
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  Speaker 5: my time now talking to folks about things like this,
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  Speaker 5: because their litigation is a young man's game. Really, my son, Tom,
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  Speaker 5: what we've made our money on, mostly through almost fifty
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  Speaker 5: years is people who are hurt car wrecks, railroad work workers, workers, comps,
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  Speaker 5: so security disability. But I've always tried to keep a
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  Speaker 5: hand in the community by doing the sort of things,
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  Speaker 5: at least some of the sort of things that people need.
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  Speaker 5: Don't do any bankruptcy or advanced tax work, but people
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  Speaker 5: need to talk about real estate matters and need to
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  Speaker 5: talk about what's going to happen with my property? Want
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  Speaker 5: to die and so you know, I spent a lot
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  Speaker 5: of time talking to people in the office about things
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  Speaker 5: just like we're talking about. And if you sit down
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  Speaker 5: and say, well, let's just list what you've got here,
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  Speaker 5: what do you want to transfer, then we can just
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  Speaker 5: go down that little checklist and try to minimize the
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  Speaker 5: amount of your property. They'll ever be subject to probate period,
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  Speaker 5: But a transfer on death deed, I think is I
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  Speaker 5: see no downside to it. None.
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  Speaker 6: So all right, thank you, Colin, appreciate no problem.
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  Speaker 4: Hey, let's take your phone call. Thanks for calling in.
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  Speaker 4: That leads a phone line open three zero four three
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  Speaker 4: U fifty eight three zero four three four five fifty
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  Speaker 4: to fifty eight. We'll take a rick coming up here
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  Speaker 4: in a few minutes. I know, Harvey has a commentary
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  Speaker 4: on tariff he's going to make. We've got a text
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  Speaker 4: message as well from the seven to six zero nine
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  Speaker 4: hundred Harvey My child, my child's school in Kannall County
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  Speaker 4: just put up the mandated in God we Trust sign.
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  Speaker 4: I don't have a problem with religion. However, I do
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  Speaker 4: have a problem with state sponsored promotion of religion. Well,
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  Speaker 4: let's see, we all know what God in God we
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  Speaker 4: Trust is meant to promote. Do I have options for
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  Speaker 4: legal recourse, preferably removal of the sign secondary option to
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  Speaker 4: get my preferred religious sign up alongside the governor sign.
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  Speaker 5: Well, the signage that has been placed in public schools
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  Speaker 5: as the result of an act of the legislature, as
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  Speaker 5: I understand that the schools really has no choice. The
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  Speaker 5: legislature says that all schools should have this sign out.
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  Speaker 5: Is that infringe on the First Amendment, which says violates
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  Speaker 5: the establishment Clause?
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  Speaker 3: Is?
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  Speaker 5: Does that constitute a state sponsorship of particular religious beliefs
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  Speaker 5: and violation of the Establishment Clause? Well, challenge on currency,
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  Speaker 5: There have been challenges to the in God be trusts
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  Speaker 5: on some great seals of some institutions generally have not
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  Speaker 5: been successful.
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  Speaker 7: What is God?
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  Speaker 5: I mean, I assume if you read in a purely
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  Speaker 5: Judeo Christian sense, it's what is God? God's an overwhelming,
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  Speaker 5: all seeing, omniscient power. That God's all of our lives.
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  Speaker 5: It could be, Allah could be, it's it's almost part
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  Speaker 5: of that white noise of religion, religiosity that surrounds the
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  Speaker 5: American experiment, the American civilization. That's a really close call.
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  Speaker 5: And now, whether you can have some signage placed in
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  Speaker 5: your particular school reflecting your beliefs, that's up to the
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  Speaker 5: board of well, first of all, it's up to the principle,
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  Speaker 5: and then it's up to the board of education. They
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  Speaker 5: certainly could do so. But the God we trust signage,
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  Speaker 5: the school really has no choice.
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  Speaker 4: Yeah, I had a question about this, and maybe you can,
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  Speaker 4: maybe you can redirect if this is right. It seems
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  Speaker 4: to me I've followed some of these cases in the past.
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  Speaker 4: It seems to me when you get more specific, like
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  Speaker 4: the Ten Commandments, those have more trouble, where whereas the
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  Speaker 4: the sort of nebulous God, it's considered tradition and most
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  Speaker 4: people can fit that underneath their tent, unless, of course,
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  Speaker 4: you're irreligious, I guess. But and then it shouldn't matter
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  Speaker 4: to you. But that's at least my understanding. Like if
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  Speaker 4: you get specific, like if like ten commandments, some places
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  Speaker 4: it's gone, but in a lot of places where that's
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  Speaker 4: been challenged, it has been overturned. So I wondered if
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  Speaker 4: it's the specificity that matters.
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  Speaker 5: Sometimes it is. Indeed, the Ten Commandments are a different thing.
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  Speaker 5: The Ten Commandments come from the Book of Genesis, and
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  Speaker 5: they and they talk about they shall have no other
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  Speaker 5: God before me, and it maybe the last four or
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  Speaker 5: five of the commandments was direct you know, against adultery, fall, swearing, stealing, murder.
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  Speaker 5: Clearly those are universal truths. There's no need I objectionable.
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  Speaker 5: You can put a sign up in the schools about
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  Speaker 5: good character. Generally, the Ten Commandments have been judged by
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  Speaker 5: courts to be too specific, although they can be placed
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  Speaker 5: on a blackboard with the part of an overall display
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  Speaker 5: with other documents, other religious dot maybe from Islam or
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  Speaker 5: hindu That you're correct, it's the more specific and directive
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  Speaker 5: signage becomes where display becomes like the crash, the major
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  Speaker 5: scene that was put up in Pittsburgh by Allegheny County
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  Speaker 5: that drew the wrath of the courts, but it was
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  Speaker 5: just moved to other property. You can put I mean,
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  Speaker 5: you can do whatever you want to on your property.
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  Speaker 5: You can put up a signed to Satan if you like.
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  Speaker 5: It's a free country, but it's not a free country
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  Speaker 5: for the majority to impose their religious views on a minority.
• 17:55
  Speaker 5: That's the first Amendment is meant to protect one of
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  Speaker 5: the five free into The first Amendment is to be
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  Speaker 5: free from the state established by a religion. And it
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  Speaker 5: extends even to coercive conductor. So well, if we lead
• 18:14
  Speaker 5: children in the Lord's Prayer to commence the day at school,
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  Speaker 5: and the answer is, well, if a child doesn't want
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  Speaker 5: to pray, they don't have to. Well, but what six
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  Speaker 5: or seven year old is going to sit there among
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  Speaker 5: their classmates and not participate in what everyone else does.
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  Speaker 5: There's a coercive nature to the prescribed conduct, and that's
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  Speaker 5: almost universally or is universally disfavored in the courts in
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  Speaker 5: the United States.
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  Speaker 8: You know.
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  Speaker 4: One of the things that strange to me about that
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  Speaker 4: whole thing is back when I guess the eighties, when
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  Speaker 4: I was going to a churchyard locally, fiery pastor that
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  Speaker 4: we had up there was so adamant about number one,
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  Speaker 4: as far as prayer in school goes, He's like, who
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  Speaker 4: are they to tell us when, when and how we
• 18:53
  Speaker 4: can pray? You can pray anytime that you want to.
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  Speaker 4: The state doesn't have to tell you when you can
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  Speaker 4: pray pray in school all you want, They can't stop you.
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  Speaker 4: I mean, the whole thing was like, a prayer is
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  Speaker 4: a relationship between you and God. How is the state
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  Speaker 4: and mandating if you can pray or not to start
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  Speaker 4: to start the day. The state doesn't have to give
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  Speaker 4: you time to do it. I mean, that was his
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  Speaker 4: I mean, he was very adamant about that. His other
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  Speaker 4: thing was and on top of that, I don't want
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  Speaker 4: teachers responsible, teachers who are hired by the state responsible
• 19:18
  Speaker 4: for the spiritual guidance of my children. I want that
• 19:20
  Speaker 4: to be in my home and in my church, not
• 19:21
  Speaker 4: in the school. And he was very adam about that.
• 19:23
  Speaker 4: And that seems to have shifted sometime over the last
• 19:26
  Speaker 4: thirty years.
• 19:26
  Speaker 5: Well, it has shifted considerably. We have to remember the
• 19:30
  Speaker 5: shoe can always be on the other foot. And are
• 19:33
  Speaker 5: those folks who say, well, we want this sun, or
• 19:35
  Speaker 5: we want this pledge, or we want this recitation in school,
• 19:40
  Speaker 5: how will you feel fifteen years for around twenty years
• 19:43
  Speaker 5: are around when your local demographic substantially changes and someone says, well,
• 19:49
  Speaker 5: here's what I want. Now now I'm in the majority,
• 19:52
  Speaker 5: and here's what i want every student have to do.
• 19:56
  Speaker 5: It's a slippery slope to start down. We're best just
• 19:58
  Speaker 5: start to touch it at all. Makes sense, right, Well,
• 20:01
  Speaker 5: that's the wisest choice to make is do not touch
• 20:04
  Speaker 5: it at all. If you're a public entity. Schools. Now
• 20:10
  Speaker 5: you know the Supreme Court, there's a prayer that opens
• 20:13
  Speaker 5: every session of Congress. They have a chaplain that is
• 20:17
  Speaker 5: simply considered by the courts to be a part of
• 20:19
  Speaker 5: the religious There's a really good book. It's called The
• 20:22
  Speaker 5: American Gospel. It's written by John Meacham. It's about twenty
• 20:25
  Speaker 5: years old. Looking up on the internet, pick up a
• 20:28
  Speaker 5: copy and he talked. That's what Meecham talks about is
• 20:30
  Speaker 5: the development from the beginning of the nation through today,
• 20:35
  Speaker 5: how there is there's an acceptable level of religiosity and
• 20:40
  Speaker 5: it's a good thing. I mean, I personally think that
• 20:43
  Speaker 5: we've lost a great deal of that commonality of the
• 20:47
  Speaker 5: sort of spiritual background of the United States that we're
• 20:50
  Speaker 5: all in this together. We should look out for each other.
• 20:55
  Speaker 5: Children should be fed and clothed and have the ability
• 20:59
  Speaker 5: to school. We should have positive freedom for adults. That
• 21:03
  Speaker 5: is a freedom to make yourself better, to make the
• 21:05
  Speaker 5: world better, which is sort of a but that that
• 21:11
  Speaker 5: that's the foundation of at least Christian doctrine is as
• 21:15
  Speaker 5: I understand it, and there's nothing wrong with that if
• 21:18
  Speaker 5: you lose that to pure secular thought. But then you
• 21:23
  Speaker 5: become France where where there's no no mention of religiosity
• 21:30
  Speaker 5: or I'm not make it a judgment on the Republic
• 21:35
  Speaker 5: of France. They're they're a noble ally except in times
• 21:38
  Speaker 5: of stress. I mean, they wouldn't let us fly across
• 21:40
  Speaker 5: French air territory to to bomb Tripoli. So but yeah,
• 21:47
  Speaker 5: I mean, I but it's like any other envelope. People
• 21:52
  Speaker 5: push it and it gets pushed in different directions. What's
• 21:55
  Speaker 5: the Norman leear with the is organization freedom from church
• 22:02
  Speaker 5: and state or division to church and state whatever. Or
• 22:05
  Speaker 5: on the other side, those folks some who just say,
• 22:08
  Speaker 5: well we should well we took prayer out of school,
• 22:11
  Speaker 5: the country went to hell in the handbasket. Well that
• 22:15
  Speaker 5: case was decided the Madeline Murio. Heircase was decided in
• 22:18
  Speaker 5: about nineteen sixty or sixty one. That was followed up
• 22:22
  Speaker 5: with the Vietnam War, the Watergate disaster, a huge recession
• 22:29
  Speaker 5: in two thousand and eight, the proliferation of the administrative state.
• 22:34
  Speaker 5: I mean a lot of things have changed in this
• 22:35
  Speaker 5: country that caused people stress and upset. I think that
• 22:41
  Speaker 5: far outweigh the decision that public prayer in public schools
• 22:47
  Speaker 5: was no. No, that's my personal opinion and I'm sure
• 22:51
  Speaker 5: others that disagree with it. But now we're going to
• 22:53
  Speaker 5: take a little break.
• 22:53
  Speaker 4: Yeah, we'll take a break, and I know you want
• 22:54
  Speaker 4: to make a commentary on tariffs as we get no
• 22:56
  Speaker 4: other conversation before we come back. But you can call
• 22:58
  Speaker 4: in if you'd like two three zero four three four
• 22:59
  Speaker 4: five fifty eight three four five fifty fifty eight. You
• 23:01
  Speaker 4: can text threes are of four nine three five five
• 23:03
  Speaker 4: zero zero eight three zero four non three five five
• 23:05
  Speaker 4: zeros you eight Go ahead and take a break and
• 23:07
  Speaker 4: be back right after this. You're listening to ask the
• 23:09
  Speaker 4: lawyer with Harvey Payton from the Peyton Law Firm on five
• 23:11
  Speaker 4: Adwhs the Boys of Charleston.
• 23:13
  Speaker 9: If you've been injured. You need a lawyer who knows
• 23:16
  Speaker 9: West Virginia because they live in West Virginia. Tom and
• 23:19
  Speaker 9: Harvey Payton were born and raised here. They've spent decades
• 23:23
  Speaker 9: fighting for injury victims, and they know how to get results.
• 23:27
  Speaker 9: At the Peyton Law Firm, you get straight talk, strong representation,
• 23:31
  Speaker 9: and local attorneys who care. Call seven five five fifty
• 23:35
  Speaker 9: five fifty six today or visit Peyton Law Firm dot com.
• 23:39
  Speaker 2: The attorney's referenced in this ad or lifelong residence and
• 23:41
  Speaker 2: are licensed to practice law in the state of West Virginia.
• 23:44
  Speaker 2: The latest and news Talking sports on five EIGHTWCHS has
• 23:47
  Speaker 2: brought to you by Jarrett Construction.
• 23:49
  Speaker 9: Visit Jerrett Dashconstruction dot com for more information.
• 23:53
  Speaker 1: Time right on budget, Come on cherity.
• 23:58
  Speaker 2: Check your words can make a difference. Call three zero
• 24:02
  Speaker 2: four nine three five five zero zero eight and leave
• 24:04
  Speaker 2: a message of gratitude for a veteran or right one
• 24:07
  Speaker 2: online at WCHS network at dot com. A salute to
• 24:10
  Speaker 2: veterans from five ad W CCHS and Toyota Motor Manufacturing,
• 24:14
  Speaker 2: West Virginia.
• 24:27
  Speaker 4: You're listening to ask the lawyer five adw CHS. The
• 24:30
  Speaker 4: Voice of Charleston and we have Bob from Public Tellico
• 24:34
  Speaker 4: who is called in during the break and has a
• 24:36
  Speaker 4: question for Harvey Peyton from the Peyton Law Firm one line,
• 24:38
  Speaker 4: Payton Lawfirm, dot Com p E Y t U and
• 24:40
  Speaker 4: Payton lawfrom dot com. And Nitro West Virginia, by the way,
• 24:42
  Speaker 4: a report of an accident in Nitro at the foot
• 24:45
  Speaker 4: of the Saint Oman's Nitro Bridge right there on First Avenue.
• 24:48
  Speaker 4: There's there's an accident that's closing down traffic one both
• 24:51
  Speaker 4: ways over the bridge. So he might wan be aware
• 24:53
  Speaker 4: of that if you're in Nitro right now. But we
• 24:55
  Speaker 4: have Bob from Poka TALCOA on line right now. Bob,
• 24:57
  Speaker 4: good morning. What's your question for Harvey.
• 25:00
  Speaker 5: Morning? Bob? Are you there?
• 25:02
  Speaker 7: Let me try again? There you go, Bob, go ahead,
• 25:04
  Speaker 7: you what's your question for Harvey?
• 25:06
  Speaker 8: Well, I actually got a question for you if you
• 25:09
  Speaker 8: would allow me.
• 25:10
  Speaker 7: Oh, I could try.
• 25:12
  Speaker 8: I've talked to you before. I'm blind and poketo.
• 25:16
  Speaker 7: Yeah, Bob, yeah, yeah, I know who you are. Bob.
• 25:20
  Speaker 8: And for the last I guess I'll listen to your
• 25:25
  Speaker 8: station twelve thirteen hours a day and for the last
• 25:30
  Speaker 8: two or three weeks at seven thirty at night, I
• 25:35
  Speaker 8: get nothing but static for the rest of the night,
• 25:39
  Speaker 8: and the static last until about eight thirty in the morning.
• 25:46
  Speaker 8: Have y'all cut power or something during the night.
• 25:49
  Speaker 4: Hopefully, well, you are exactly tracking our power change at
• 25:53
  Speaker 4: the station. So FCC requires us to change the signal
• 25:57
  Speaker 4: direction that we go on at night, so the AM
• 25:59
  Speaker 4: signal carries farther at night, so you don't want to
• 26:01
  Speaker 4: override other signals that are on five to eighty that
• 26:04
  Speaker 4: aren't in the Charleston area. So we do have to
• 26:05
  Speaker 4: change our power, and that determines on the position of
• 26:08
  Speaker 4: the sun and things along those lines. So that changes
• 26:10
  Speaker 4: throughout the course of the year, and unfortunately what you're
• 26:12
  Speaker 4: experiencing right now, and it hopefully won't last much longer.
• 26:14
  Speaker 4: I don't know if you remember or not, but early
• 26:17
  Speaker 4: last year in twenty twenty four, we had one of
• 26:19
  Speaker 4: our towers that got completely destroyed.
• 26:20
  Speaker 7: I got pulled down by a big storm that we
• 26:22
  Speaker 7: had that came through here.
• 26:24
  Speaker 4: We've been in the process of rebuilding that we're close
• 26:26
  Speaker 4: to fully re engaging the best signal that we've had
• 26:30
  Speaker 4: in probably thirty years. It's going to be incredible when
• 26:32
  Speaker 4: it's ready. Our engineers are ready to flip the switches
• 26:35
  Speaker 4: on these things, but we're still not quite up to
• 26:37
  Speaker 4: full power yet. So that change in power, although it
• 26:41
  Speaker 4: is something that happens every year and you can expect it,
• 26:43
  Speaker 4: that is something that very soon you're going to find
• 26:45
  Speaker 4: you should be able to get our signal again once
• 26:47
  Speaker 4: we get back up to full power with the tower
• 26:50
  Speaker 4: that got pulled down.
• 26:51
  Speaker 8: Okay, long, it's just not permanent.
• 26:54
  Speaker 7: That's good, No, sir, it's not.
• 26:55
  Speaker 4: And I appreciate you listening for twelve or thirteen hours
• 26:57
  Speaker 4: a day. Hopefully we'll get that fix and you can
• 26:59
  Speaker 4: get it back to twenty four.
• 27:00
  Speaker 8: Thank you.
• 27:01
  Speaker 7: All right, Bob, thanks so much, thanks for calling in.
• 27:04
  Speaker 4: We have another caller that's called and hopefully this isn't
• 27:06
  Speaker 4: about the rating who it's about the law firm.
• 27:08
  Speaker 7: Good morning. You're on the air with Harvey Payton. What's
• 27:09
  Speaker 7: your first name?
• 27:11
  Speaker 6: Good morning.
• 27:11
  Speaker 10: My name is Jennifer and I live in Tornadoes.
• 27:14
  Speaker 7: Hey, Jennifer, how are you doing this morning?
• 27:16
  Speaker 10: I'm doing pretty well.
• 27:17
  Speaker 6: Thank you.
• 27:17
  Speaker 10: I feel sorry for that guy because I listen to
• 27:20
  Speaker 10: you guys from the time I get up until the
• 27:22
  Speaker 10: time I go to bed, so I can understand his disappoint.
• 27:25
  Speaker 4: I think we've talked before too, Jennifer, if I'm not mistaken,
• 27:28
  Speaker 4: I have a question for Harvey.
• 27:31
  Speaker 10: Harvey, your law firm did prepare our will, so we
• 27:33
  Speaker 10: have a will in place. My husband and I do
• 27:36
  Speaker 10: not have children, so we left the primary beneficiaries for
• 27:42
  Speaker 10: everything are my sister and my husband's brother, and that
• 27:48
  Speaker 10: includes the house. There's nobody in my family or his
• 27:53
  Speaker 10: who would want to live here, so it'll probably be sold.
• 27:58
  Speaker 10: Now you know, there's a good chance that one or
• 28:01
  Speaker 10: the other of them will predecee both of us. Then
• 28:05
  Speaker 10: his brothers not in good health, so that could happen.
• 28:10
  Speaker 10: So then the next layer if they're not, If they
• 28:15
  Speaker 10: neither of them are alive, I guess, then it goes
• 28:18
  Speaker 10: to my nieces and nephews. Niece and nephews, I can't
• 28:24
  Speaker 10: imagine any of them would want to live here either,
• 28:27
  Speaker 10: So to me, it seems kind of complicated that then
• 28:30
  Speaker 10: my niece, who is the executrix, would have to sell
• 28:34
  Speaker 10: the property and split the proceeds. So what makes the
• 28:38
  Speaker 10: most sense in a case like that, instead of having
• 28:41
  Speaker 10: it in the will, have how would.
• 28:44
  Speaker 7: You do that?
• 28:45
  Speaker 5: Well? I'm sorry, I didn't mean to catch you off ahead.
• 28:51
  Speaker 10: No, that's just it. It's like, after listening to that previous caller,
• 28:54
  Speaker 10: I thought, well, it does make more sense to make
• 28:57
  Speaker 10: it transfer upon death, but it still gets complicated with
• 29:03
  Speaker 10: trying to divide it up later on. Should there be
• 29:06
  Speaker 10: the mandate that it's sold, and if one of them
• 29:08
  Speaker 10: would happen to one, if they would have to buy
• 29:10
  Speaker 10: the other one out or however that works.
• 29:12
  Speaker 5: Right, and that is a step beyond the transfer on
• 29:16
  Speaker 5: death deed. Well, you can. You can designate multiple beneficiaries
• 29:21
  Speaker 5: and a transfer on death and say that it's either
• 29:24
  Speaker 5: goes to them as survivors or as tenants in common
• 29:29
  Speaker 5: or if they're deceased. But you approach a testamentary disposition
• 29:33
  Speaker 5: when you get too far down the line. On transfer
• 29:36
  Speaker 5: on death works best when you've got a soul or
• 29:41
  Speaker 5: maybe two or three objects of your bounty who are
• 29:48
  Speaker 5: on a demographic who will probably survive you. In your situation,
• 29:52
  Speaker 5: you know you've got you worry about, well, what happens
• 29:55
  Speaker 5: if your brother in law predeceases, Well, your will. I
• 29:59
  Speaker 5: don't have it in front of me, and I certainly
• 30:01
  Speaker 5: wouldn't talk on the air about what the contents were.
• 30:03
  Speaker 5: But let's assume it said nothing else but to your
• 30:06
  Speaker 5: brother and sister. Well, we have an anti lapse statue
• 30:09
  Speaker 5: in West Virginia which says that the interest which would
• 30:13
  Speaker 5: have gone to the brother then passes to his descendants,
• 30:18
  Speaker 5: his children or grandchildren as the case may be, or.
• 30:22
  Speaker 10: His wife if she's still living.
• 30:25
  Speaker 5: No, it doesn't. The anti lap statute does not. It
• 30:30
  Speaker 5: deals specifically with dissent to issue of a person not
• 30:36
  Speaker 5: not to.
• 30:36
  Speaker 10: Asprise no children. So that's not an issue because he
• 30:39
  Speaker 10: has no children. So okay, Well, maybe I need because
• 30:44
  Speaker 10: I guess you recommend this periodically. Anyway, it's probably been
• 30:48
  Speaker 10: at least five years, probably a little longer since Tom
• 30:51
  Speaker 10: did that will for us, maybe it's time to review
• 30:54
  Speaker 10: it could will be.
• 30:55
  Speaker 5: And you know, particularly if you think there's going to
• 30:58
  Speaker 5: be a change in circumstance, as it's more abid a
• 31:02
  Speaker 5: bit to speak of, if you're going to have someone
• 31:04
  Speaker 5: who's a beneficiary who may predecease you, then let's deal
• 31:08
  Speaker 5: with the reality of that situation. And the reality is,
• 31:11
  Speaker 5: as far as real estate's concerned, if nobody's going to
• 31:14
  Speaker 5: want the house, and this happens all the time, folks
• 31:17
  Speaker 5: have kids or grandchildren or nieces and nephews who are
• 31:21
  Speaker 5: already established. They have homes, they have families, maybe they
• 31:24
  Speaker 5: live in other states. Then direct the personal representative and
• 31:29
  Speaker 5: authorize them to sell the property, or if it's to
• 31:34
  Speaker 5: be divided in kind, they can sell it to one
• 31:37
  Speaker 5: of the other heirs with credit against any other interest
• 31:41
  Speaker 5: than the estate for their share. And that way there's
• 31:46
  Speaker 5: a specific directive, there will be no problem with the
• 31:49
  Speaker 5: executor or executrics selling the property and dividing the money.
• 31:53
  Speaker 5: Which money is the easiest thing to divide. You You
• 31:55
  Speaker 5: always want to plan, or I always think it's prudent
• 31:58
  Speaker 5: to plan, never to leave a piece of property and
• 32:01
  Speaker 5: what's called airship which owned by a various disparate number
• 32:07
  Speaker 5: of folks. Take a look at your brother in law.
• 32:10
  Speaker 5: He and his wife have no children. If he dies, well,
• 32:13
  Speaker 5: who are his He has no issue, but he has
• 32:17
  Speaker 5: collateral relatives. He has a brother. You may have sisters.
• 32:21
  Speaker 5: You know, you've got nieces and nephews. They would fall.
• 32:24
  Speaker 5: But that's a little bit of a complicated process. The
• 32:30
  Speaker 5: easiest thing to do.
• 32:30
  Speaker 10: Is uncle, it was a huge mess.
• 32:33
  Speaker 5: Well it can be a mess, and it can cost
• 32:36
  Speaker 5: thousands of dollars and involve court intervention, and you don't
• 32:39
  Speaker 5: ever want to leave that burden on because you're not
• 32:44
  Speaker 5: writing your will for yourself. You're writing it for the
• 32:48
  Speaker 5: convenience and ease of those who survive you, and you
• 32:52
  Speaker 5: want it to be as smooth and effortless as possible.
• 32:54
  Speaker 5: I mean probate people fear that in West Virginia, the
• 32:58
  Speaker 5: probate process is not super complex. We have no inheritance
• 33:03
  Speaker 5: tax in West Virginia and haven't had for decades. It's
• 33:07
  Speaker 5: a very very rare occurrence that there would be any
• 33:11
  Speaker 5: liability for US estate tax because the exemption for a
• 33:14
  Speaker 5: payment of that tax is eleven million dollars, so it
• 33:17
  Speaker 5: only applies to the very biggest estates there might be.
• 33:21
  Speaker 5: You've got to be really careful about your IRA and
• 33:24
  Speaker 5: four one K because if their tax deferred, you don't
• 33:28
  Speaker 5: want those to pay paid through your estate. They should
• 33:30
  Speaker 5: be paid to a beneficiary because there can be income
• 33:33
  Speaker 5: tax proceeds. The thing about real estate and other assets,
• 33:40
  Speaker 5: this is a little bit into the weeds, but there's
• 33:42
  Speaker 5: a thing called a stepped up basis. Now, I don't
• 33:45
  Speaker 5: know what you paid for your house out how long
• 33:47
  Speaker 5: have you lived.
• 33:47
  Speaker 7: Out in Tornado forty three years.
• 33:50
  Speaker 5: Okay, well, Andrew Heights, is that school still open as
• 33:54
  Speaker 5: it closed?
• 33:56
  Speaker 10: Oh? No, it's very much open, very much open out.
• 34:02
  Speaker 6: Hey.
• 34:03
  Speaker 5: I had a lot of friends from Tornado when I
• 34:04
  Speaker 5: was It was a family of cons and Cochranes and
• 34:08
  Speaker 5: Frinkies that lived out there, and they were all it's
• 34:12
  Speaker 5: a nice Oh yeah, Billy, Jean and Calea. So yeah.
• 34:19
  Speaker 5: The if you if you bought your house thirty three
• 34:23
  Speaker 5: years ago, you probably didn't pay near what it would
• 34:25
  Speaker 5: sell for today, and so if some third party acquired
• 34:31
  Speaker 5: that house, the difference between what was paid for it initially,
• 34:37
  Speaker 5: that's your cost basis. If you paid one hundred thousand
• 34:40
  Speaker 5: for your house, it's worth three hundred to day, there'd
• 34:43
  Speaker 5: be a two hundred thousand dollars gain that could be
• 34:45
  Speaker 5: taxed to fifteen percent, but not to you because you
• 34:49
  Speaker 5: get a bailout, and not to your heirs, because if
• 34:52
  Speaker 5: you inherit a house or a tangible piece of personal
• 34:56
  Speaker 5: property like stocks, bonds, the heir, the beneficiary of your state,
• 35:02
  Speaker 5: takes title of that at the value it had at
• 35:06
  Speaker 5: the time of your death. So any gain that accrued
• 35:09
  Speaker 5: during your lifetime is just simply subsumed. If it's sold
• 35:13
  Speaker 5: for the price that it apprais is for three year
• 35:16
  Speaker 5: state there is no tax, no, no capital gains tax.
• 35:20
  Speaker 5: So that and that's really something to consider. They're going to.
• 35:24
  Speaker 10: Yeah, and well, I'll make a list of concerns we
• 35:28
  Speaker 10: might have. And I don't think my husband's ever thought
• 35:30
  Speaker 10: of any of these things. And I really hadn't thought
• 35:32
  Speaker 10: of it recently. I listened to you to your show. Well,
• 35:36
  Speaker 10: like I said, all the time, we'll.
• 35:37
  Speaker 5: Make a list. Just come on and we'll talk about it.
• 35:39
  Speaker 5: I've got plenty of time.
• 35:41
  Speaker 10: Okay, okay, Okay, Tom the one who did it, But
• 35:44
  Speaker 10: I could make an appointment with you too.
• 35:45
  Speaker 5: Sure, Yeah, we're in the same pot.
• 35:48
  Speaker 10: Okay, okay, thank you, Jennifer.
• 35:50
  Speaker 7: Thanks for the phone call. We appreciate that.
• 35:52
  Speaker 4: Peyton Law firm. You need to find more information, you
• 35:54
  Speaker 4: can find it online. Pat them off from dot com
• 35:56
  Speaker 4: the phone number three or four seventy five five fifty
• 35:57
  Speaker 4: five fifty six. Threes are four seven five five fifty
• 35:59
  Speaker 4: five fifty six. We were just talking about First Avenue
• 36:02
  Speaker 4: in Nitro a little bit ago. You don't your office
• 36:04
  Speaker 4: isn't far from there.
• 36:05
  Speaker 5: No from the Saint Albans. The intersection. Center Street is
• 36:08
  Speaker 5: the street that crosses the bridge to intersects with throughout
• 36:10
  Speaker 5: twenty five and it is it is an intersection where
• 36:16
  Speaker 5: you have to pay attention. And you've got a t
• 36:19
  Speaker 5: intersection with left turn lights in one direction. I mean
• 36:25
  Speaker 5: a lot of people jump those lights.
• 36:27
  Speaker 7: It's kind of a wide intersection. Is a little different.
• 36:31
  Speaker 5: There's a merge lane. People turn from Main Avenue on
• 36:34
  Speaker 5: the Center Street. They're actually turning into traffic that's coming
• 36:38
  Speaker 5: from Route twenty five. Its it's a modern update intersection.
• 36:42
  Speaker 5: It's just one where you have to watch. You have
• 36:44
  Speaker 5: to pay attention, and sometimes folks who don't travel there
• 36:47
  Speaker 5: often may drift over a lane and boom, there you
• 36:50
  Speaker 5: have it. I hope no one was hurt. That's a
• 36:52
  Speaker 5: horrible thing. Car wrecks are a horrible thing. I just
• 36:55
  Speaker 5: heard on the radio this morning where an arrest has
• 36:58
  Speaker 5: been made in a hit and run gentleman down in
• 37:01
  Speaker 5: Mason County was killed. I might have touched on this,
• 37:04
  Speaker 5: I think a couple of weeks ago, and hear about
• 37:06
  Speaker 5: a hit and run accident. Now the driver in that
• 37:08
  Speaker 5: case has been identified, so it's not a hit and
• 37:12
  Speaker 5: run by an unknown party. If you suffer a loss
• 37:16
  Speaker 5: a hitting run by an unknown party, don't give up
• 37:19
  Speaker 5: the ship because you have insurance on your own car
• 37:22
  Speaker 5: policy that will cover the damage is done by a
• 37:25
  Speaker 5: hitting and run unknown drivers. It's covered under your uninsured
• 37:28
  Speaker 5: motors coverage. The law presumes that a person who inflicts
• 37:32
  Speaker 5: personal or property damage with a vehicle leaves the scene
• 37:36
  Speaker 5: unreported and has not found. Well, there's no insurance there.
• 37:40
  Speaker 5: You don't know who it is, and so your own policy,
• 37:43
  Speaker 5: up to the limits of your uninsured coverage, will will
• 37:47
  Speaker 5: take care of that. I just hope that no one
• 37:50
  Speaker 5: was injured. You know, the lady from Tornado, she talked
• 37:52
  Speaker 5: about the Cochrane family. It just shows I mean, I
• 37:56
  Speaker 5: think older baby boomers, then I'm an older baby boomer.
• 38:03
  Speaker 5: You know, we still have those values and culcated a
• 38:06
  Speaker 5: nice from our parents. I mean, my father was a
• 38:09
  Speaker 5: nineteen year old kid, lived on a farm outside saying
• 38:12
  Speaker 5: ah was next thing, you know, he's flying in the
• 38:14
  Speaker 5: bubble of a catalina across the Caribbean. Mister Cochrane was
• 38:19
  Speaker 5: a Mareene Corps vetter in audible, So we still respect
• 38:22
  Speaker 5: our views. I meant they're family, their trumpies but we
• 38:25
  Speaker 5: get along fine because they say, well, we're all in
• 38:28
  Speaker 5: the same boat out of here on different ships. We're
• 38:30
  Speaker 5: in the same boat town. Does that mean we're finished.
• 38:34
  Speaker 5: That's a law firm twenty eight oh one first avenue.
• 38:36
  Speaker 5: If you suffer a loss or an injury, either a personal, financial, physical,
• 38:42
  Speaker 5: well at least think about us. We're handy, we're at life.
• 38:44
  Speaker 5: We've been here for over fifty years, and our lawyers
• 38:48
  Speaker 5: are all licensed to practice in the state of West Virginia.
• 38:51
  Speaker 4: You'll talk one of the two, talk to one of
• 38:53
  Speaker 4: the two, and they're all all their experiences right here.
• 38:55
  Speaker 4: Thank you everyone for your calls, your text or emails,
• 38:58
  Speaker 4: everything today that made this show what it was. Thanks
• 39:00
  Speaker 4: so much for tuning in. Dave Allen's up next with
• 39:01
  Speaker 4: five ed Love. I'll be back this afternoon at three
• 39:03
  Speaker 4: or six with Dave Weekly on Hotline Harvey. Thanks for
• 39:06
  Speaker 4: your tom Thank you, see you next time.
• 39:08
  Speaker 7: Have a great day. Everyone listening to five AD w
• 39:10
  Speaker 7: c HS The Voice of Charleston.
• 39:15
  Speaker 9: W c HS A W two four three d r
• 39:17
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• 39:20
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• 39:23
  Speaker 7: We're proud to live here too.