reglab/housing_qa huggingface dataset:
WV Code § 44-10-16 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 10. Guardians and Wards Generally|§44-10-16. Settlement of Derivative Claims

(a) Nothing contained in this article may limit the derivative rights of a parent or guardian to compromise and settle any claim they may personally have for damages arising out of injury to their minor child or ward for whom they are responsible. This authority to compromise and settle derivative claims includes, without limitation, the authority to compromise and settle claims for the costs of medical or other care for the child or ward attributable to the bodily injury.(b) The separate settlement of a derivative claim by a parent or guardian does not limit any person, including the parent or guardian, from seeking damages for the minor child or ward.(c) Any release or waiver of a right to bring a legal action to assert a derivative claim, made and executed prior to the commencement of a civil action, shall be in writing and shall be binding against the person who accepts valuable consideration in exchange for the release or waiver of right to bring the legal action: Provided, That in the event a parent or guardian fully repays the consideration received in exchange for a release or waiver of a right to bring a derivative claim or action to the appropriate entity within ninety days after the commencement of a civil action brought on behalf of the child or ward who was injured, the parent or guardian may fully assert the derivative claim in conjunction with the child or ward's claim: Provided, however, That if more than a year has elapsed since the payment of the consideration, full repayment shall include, in addition to the principal sum paid, legal interest on the principal sum calculated in accordance with section thirty-one, article six, chapter fifty-six of this code.(d) Nothing contained in this section may be construed to reduce the limitation period for filing any civil action for damages arising out of the bodily injury of a minor child.
WV Code § 44-10A-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 10A. Guardians of Mentally Retarded and Mentally Handicapped Persons|§44-10A-1. To 44-10a-6

Repealed.Acts, 1994 Reg. Sess., Ch. 64.
WV Code § 44-11-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 11. Transfer of Property of Nonresidents and Residents|§44-11-1. Transfer of Securities of Nonresident Decedent

Any bonds or other securities issued by this state or any political subdivision or municipality thereof, or any stocks, bonds or other securities issued by any corporation created by this state, or by any national banking association having its principal office in this state, standing in the name of a decedent, domiciled at the time of his death out of this state, and who is not known, by the officer or agent charged with the duty of transferring such stocks, bonds, or other securities, to have a personal representative qualified as such within this state, may be transferred by the executor or administrator of such decedent qualified according to the laws of the domicile, when affidavit shall have been filed as prescribed in the next section.
WV Code § 44-11-2 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 11. Transfer of Property of Nonresidents and Residents|§44-11-2. Affidavit as to Publication of Notice

There shall be filed, with such officer or agent as is mentioned in the preceding section, the affidavit of some credible person that notice of the proposed transfer has been published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which are kept the books upon which the transfer is proposed to be made. But if, before such transfer be actually made, a notice in writing forbidding the same be served on such officer or agent, such transfer only shall be made as would have been lawful if this and the preceding section had not been enacted.
WV Code § 44-11-3 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 11. Transfer of Property of Nonresidents and Residents|§44-11-3. Transfer of Property of Nonresident Infant or Insane Person to Foreign Guardian or Committee

When any infant or insane person, entitled to property or money in this state, resides out of it, a petition to remove such property or money to the domicile of such infant or insane person may be filed by his guardian or his committee lawfully appointed or qualified in the state or country of his domicile, in the circuit court of the county wherein the guardian or committee in this state was appointed or qualified, or if there be none, in which the property or money, or some part thereof, is. To such petition the guardian of such infant or the committee of such insane person appointed or qualified in this state, if there be one, shall be made a party defendant. Upon a hearing of the case on its merits, the court may order the guardian or committee in this state, if there be one, to pay and deliver to such foreign guardian or committee, or his agent or attorney, all personal property and money in his hands belonging to such infant or insane person, and authorize such foreign guardian or committee to sue for, recover and receive all money or personal property which belongs to the infant or insane person, including the accruing rents of his real estate, in like manner as if he were appointed a guardian or committee of such infant or insane person in this state, and to remove the same to the state or country in which such foreign guardian or committee was appointed or qualified.
WV Code § 44-11-4 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 11. Transfer of Property of Nonresidents and Residents|§44-11-4. How Proceeds of Sale of Real Estate of Nonresident Infant, Insane Person, or Cestui Que Trust Transferred to Foreign Guardian, Committee or Trustee

When the proceeds of sale of real estate of an infant, insane person or cestui que trust, under the laws now in force, are invested, or required to be invested, under the direction of a court, and such infant, insane person or cestui que trust resides out of this state, on the petition of a guardian, committee or trustee, lawfully appointed or qualified in the state or country of the domicile of such infant, insane person or cestui que trust, the court under whose directions such proceeds are so invested, or required to be invested, may, with the consent of the persons residing in this state who would be the heirs of such infant, insane person or cestui que trust, if he were dead, order such proceeds to be paid and delivered to such foreign guardian, committee or trustee, or his agent or attorney, and the same may be removed by him to the state or country in which he was appointed or qualified: Provided, That whenever, in the judgment of the court, the removal of the trust subject will defeat or conflict with the provisions of the deed, will or other instrument creating the trust, the court may refuse to grant the prayer of the petition.
WV Code § 44-11-5 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 11. Transfer of Property of Nonresidents and Residents|§44-11-5. Notice of Application and Evidence Required Before Order of Transfer Made

No such order as is mentioned in the two preceding sections shall be made until notice of the application shall have been published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which the petition is filed; nor until it shall be shown by authentic documentary evidence that such foreign guardian, committee or trustee has, where he qualified, given bond, with surety sufficient to insure his accountability for the whole amount of the estate of such infant, insane person, or cestui que trust in his hands, or which will probably be received by him as such guardian, committee or trustee; nor until the court shall be satisfied that the removal of such money or property from this state will not impair the rights or be prejudicial to the interests of such infant, insane person or cestui que trust or of any other person.
WV Code § 44-11-6 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 11. Transfer of Property of Nonresidents and Residents|§44-11-6. How Personal Estate in Hands of Resident Trustee, Belonging to Nonresident Beneficiaries, Transferred

When any personal estate in this state is vested in a trustee resident therein, or who acts by virtue of a deed, will, or other instrument, recorded or probated therein, or when any administrator or executor in this state has assets in his hands of a decedent who at the time of his death was domiciled in another state, and those having the beneficial interests in such estate or assets are nonresidents of this state, the circuit court of the county in which such trustee, administrator, or executor may reside, or in which such estate may be, may, upon petition or bill in equity filed for that purpose, order such trustee or his personal representative, or such administrator or executor, to pay, transfer and deliver such estate or assets, or any part thereof to a nonresident trustee, administrator or executor, appointed by some court of record in the state in which such beneficiaries reside.
WV Code § 44-11-7 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 11. Transfer of Property of Nonresidents and Residents|§44-11-7. What Notice and Evidence Required Before Such Transfer Made

No such order as is mentioned in the preceding section shall, when applied for by petition, be made until notice of the application shall have been given to all persons interested in such trust estate, either by personal service or by publication of such notice as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county wherein the petition is filed. Whether the application be by petition or bill in equity, such order shall not be made until the court shall be satisfied by authentic documentary evidence that the nonresident trustee, administrator, or executor, appointed as aforesaid, has given bond with sufficient security for the faithful execution of the trust, nor until it is satisfied that the payment and removal of such estate out of the state will not prejudice the right of any person interested or to become interested therein.
WV Code § 44-11-8 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 11. Transfer of Property of Nonresidents and Residents|§44-11-8. Court May Order Sale of Property

If, in any proceeding or suit under the third or sixth sections of this article, it shall appear to the court to be proper, it may order the property, or any part of it, to be sold and the proceeds to be paid to the nonresident guardian, committee, trustee, administrator or executor.
WV Code § 44-11-8a (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 11. Transfer of Property of Nonresidents and Residents|§44-11-8a. Removal of Property of Resident Infant, Incompetent or Insane Person From This State by Nonresident Testamentary Guardian or Nonresident Committee

(a) No property or money in this state belonging to a resident infant, incompetent or insane person may be removed from this state by a nonresident testamentary guardian or nonresident committee appointed or qualified in this state unless:(1) Such nonresident testamentary guardian or nonresident committee files a petition to remove such property or money in the circuit court of the county wherein such guardian or committee was appointed or qualified, or in which the property or money, or some part thereof, is located;(2) The infant, incompetent or insane person is made a party defendant to such petition;(3) Notice of the petition is filed as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication is the county in which the petition is filed; and(4) The court determines, after a hearing, that the removal of such property or money will not impair the rights of or be prejudicial to the interests of such infant, incompetent or insane person, or of any other person.(b) If any nonresident testamentary guardian or nonresident committee removes from this state property or money belonging to a resident infant, incompetent or insane person without obtaining an order entered pursuant to the provisions of subsection (a) of this section, the same shall work a forfeiture of his bond, and the liability of such nonresident guardian or committee and of his surety shall be joint and several, and a civil action on any such bond may be instituted and maintained against the surety, notwithstanding any other provision of this code to the contrary, even though no civil action has been instituted against the nonresident testamentary guardian or nonresident committee.(c) Notwithstanding any provision of section nine of this article to the contrary, any nonresident testamentary guardian or nonresident committee who obtains an order described in subsection (a) of this section shall remain accountable to the county commission of the county in which he was appointed or qualified.
WV Code § 44-11-9 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 11. Transfer of Property of Nonresidents and Residents|§44-11-9. Discharge of Guardian, Committee, or Trustee Making Transfer

When any guardian, committee, trustee, or other person in this state shall pay over, transfer or deliver any estate in his hands or vested in him as directed by any order or decree made in pursuance of this article, he shall be discharged from all responsibility therefor.
WV Code § 44-11-10 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 11. Transfer of Property of Nonresidents and Residents|§44-11-10. Judge of Circuit Court May Act in Vacation

The judge of the circuit court in vacation, on such proof and notice as is required of the circuit court, may make any order that is authorized by this article to be made by the circuit court.
WV Code § 44-12-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 12. Powers of Clerk in Vacation of County Court|§44-12-1. What Clerk May Do in Vacation of County Court

The clerk of any county court in the vacation of such court, may appoint appraisers of estates of decedents, admit wills to record, appoint and qualify executors, administrators, guardians, curators and committees, and require and take from them the necessary bonds, upon the same procedure and proof, and in the same manner and with like effect for the time being, as such county court could do if in session; but no contest as to such probate or appointment shall be heard or determined by such clerk, and when notice of contests is given the matter shall stand continued until the next regular session of the county court.
WV Code § 44-12-2 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 12. Powers of Clerk in Vacation of County Court|§44-12-2. Report by Clerk to County Court; Hearing on Same

The probate of every will and the appointment of every appraiser of the estate of a decedent, executor, administrator, guardian, curator and committee so made by such clerk, shall be reported by him to the next regular session of the county court, when, if no objection be made thereto and none appears to the court, the court shall confirm the same. But if objection be made by any person interested, the county court shall hear and determine the same, and shall proceed in relation thereto in the same manner as if the application for the probate of such will, or for the appointment of such appraiser of the estate of a decedent, executor, administrator, guardian, curator or committee had been made to such court in the first instance. And the court may make from time to time, pending such proceedings, such orders as it may deem necessary for the protection and safekeeping of the estate of the testator, intestate or ward.
WV Code § 44-12-3 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 12. Powers of Clerk in Vacation of County Court|§44-12-3. Confirmation of Action of Clerk

When the probate of such will, or the appointment of such appraisers of estate of decedents, or the appointment of such executor, administrator, guardian, curator or committee is confirmed by the court, with or without contest, the same shall be held and treated in all respects as if the will had been probated and admitted to record, or the appointment had been made, by the county court in the first instance.
WV Code § 44-12-4 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 12. Powers of Clerk in Vacation of County Court|§44-12-4. Costs

When objection is made to the action of the clerk, as mentioned in the second section of this article, the party prevailing in the trial of such objection shall recover from the opposite party his costs.
WV Code § 44-13-1 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 13. Powers and Duties of Clerks of County Courts in Counties Having Separate Tribunal for Police and Fiscal Purposes|§44-13-1. Powers of Clerk of County Court Where Separate Tribunal for Police and Fiscal Purposes

In every county in which now exists a tribunal for police and fiscal purposes heretofore established under section 34 of article VIII of the Constitution of eighteen hundred and seventy- two, the clerk mentioned in the twenty-sixth section of the amendment of eighteen hundred and eighty to the Constitution shall exercise any powers and discharge any duties conferred on or required of the court or tribunal heretofore established for judicial purposes in such county, or the clerk thereof, before the adoption of such amendment, and also any powers and duties now or hereafter conferred on or required of county courts in other counties, or the clerks thereof, except as it may be otherwise provided, respecting the recording and preservation of deeds and other papers presented for record, respecting matters of probate, the appointment and qualification of personal representatives, guardians, committees, curators, and the settlement of their accounts, and respecting all matters relating to apprentices.
WV Code § 44-13-2 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 13. Powers and Duties of Clerks of County Courts in Counties Having Separate Tribunal for Police and Fiscal Purposes|§44-13-2. Who Shall Act When Such Clerk Interested

In any matter with respect to which such clerk shall have power to act but in which he shall be interested, so that it will be improper for him to act therein, such powers and duties other than such as are judicial in their nature, may be exercised and discharged, in the office of the last-mentioned clerk, by the clerk of the circuit court of the same county, and such powers and duties, so far as the same are judicial in their nature, may be exercised and discharged by any judge of the circuit court of the same county, in the office of the clerk of the county court.
WV Code § 44-13-3 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 13. Powers and Duties of Clerks of County Courts in Counties Having Separate Tribunal for Police and Fiscal Purposes|§44-13-3. Such Clerk Not to Impanel a Jury for Settlement of Questions of Fact

No jury shall be impaneled before such clerk to settle questions of fact.
WV Code § 44-13-4 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 13. Powers and Duties of Clerks of County Courts in Counties Having Separate Tribunal for Police and Fiscal Purposes|§44-13-4. Record and Order Books to Be Kept by Such Clerk

Such clerk shall, respecting the matters of which he is given jurisdiction by this article, keep such record and order books as a county court is required by law to keep, and shall enter therein all proceedings before him
WV Code § 44-13-4a (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 13. Powers and Duties of Clerks of County Courts in Counties Having Separate Tribunal for Police and Fiscal Purposes|§44-13-4a. Reporting of Foreclosure Statistics

Beginning with the third quarter of 2010, the clerk of each county commission shall file quarterly with the West Virginia Housing Development Fund established in article eighteen, chapter thirty-one of this code the disclosure forms of deed of trust foreclosure sales that were recorded in that county for the preceding calendar year quarter. Up until that time, through the second quarter of 2010, such quarterly reports shall be filed with the Division of Banking. The reports shall be filed within fifteen days of the last day of September, December, March and June of each year. The reports shall be filed in electronic format, where possible.
WV Code § 44-13-5 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 13. Powers and Duties of Clerks of County Courts in Counties Having Separate Tribunal for Police and Fiscal Purposes|§44-13-5. Duties of Such Clerk as to Acts to Be Performed at Stated Times

When any act is required to be done by clerks of county courts of other counties on the first day of the term of the county courts, such clerk of the county court in every county in which such special tribunal for police and fiscal purposes was established as aforesaid, shall perform such act, under the same regulations and penalties, on the first Monday of the month.
WV Code § 44-13-6 (2021)
2021 West Virginia Code|Chapter 44. Administration of Estates and Trusts|Article 13. Powers and Duties of Clerks of County Courts in Counties Having Separate Tribunal for Police and Fiscal Purposes|§44-13-6. How Decisions and Orders of Such Clerk Reviewed

Appeals from the decision rendered and orders made by such clerk may be had to the circuit court of his county at the instance of the same persons, in the same manner, by the same procedure, and within the same time, as from decisions and final orders of a county court; and when carried into the circuit court such cases shall be heard and proceeded with there in the same manner as is provided by law for similar cases appealed from a county court.