At Jarvis Law Office, P.C., we build wills and trusts for West Virginia families. Since May 2003 we have focused on keeping families out of probate court and keeping property in the hands of the people it was meant for.
Our team of 35-plus professionals works on a one-time flat fee, so you know the cost before we start..
A will tells the court who gets what after you pass, but it still goes through probate, a public process that can take a year or more. A trust holds your land, bank accounts, and royalty interests during your lifetime and passes them to your family without probate.
In West Virginia, when an owner dies without a plan, the county court decides, heirs get pulled in from out of state, and quarterly royalty checks can freeze while the estate sits open. We get the deeds pulled, the ownership sorted, and the property actually moved into your plan.
What People Say About Jarvis Law Office, P.C.
“My husband and I just got our planning in place and it was a very informative and painless process.” Courtney P.
Getting a plan done should not feel like an ordeal, and for most families it does not.
“He took the time to explain every detail clearly, which made a complicated situation much easier to understand.” Luke B.
We explain your property and family situation in plain words, not legal terms.
“He’s had over 20 years experience… makes me feel better about choosing his firm.” MaryEllen G.
The firm has been drafting wills and trusts since May 2003.
“From intake to years down the road when you need to just refresh your memory on how things work.” Courtney P.
Support does not stop when you sign. You can call back years later with questions.
“Everyone in the office is a pleasure to work with, and I never hesitate to call or send an email.” Laura P.
A team of more than 35 people means someone is always available to answer you.
Why Unsigned Wills or Unfunded Trusts Leave West Virginia Families Exposed
A trust that is signed but never funded does almost nothing. Funding means changing the deed and account titles so the trust actually owns your land, your mineral rights, and your accounts.
If your 80 acres and your royalty interest are still in your personal name when you pass, they go through probate anyway, and West Virginia intestacy rules under WV Code 42-1-1 apply to anything a document does not cover, which may split your land among people you never intended.
According to the U.S. Energy Information Administration’s West Virginia State Profile, West Virginia produced roughly 2.17 trillion cubic feet of natural gas in 2022, so mineral rights are real money that belongs inside a real plan. Powers of attorney are basic protection, and that document is worthless once someone loses capacity.
Our Trust and Will Services in West Virginia
- Trust & Will Lawyer
- Estate Planning
- Asset Protection
- Probate
- Powers of Attorney
- Elder Law
- Medicaid Planning
- Care Navigation
- Memory Care Planning
- Special Needs Estate Planning
- Estate Tax Planning
- Veterans Benefits
WE WILL SPEAK FOR YOUR RIGHTS
Contact us for a free, no obligation consultation to discuss your options. You may find that you are entitled to payment if your claim was denied or underpaid. Let Jarvis Law Office be your advocate
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Why Clients Come To Jarvis Law Office, P.C.
A team that moves your assets into the trust, not just paperwork
A trust only works if your land, your mineral interest, and your accounts are actually titled into it. Our team handles that step with you, deed by deed and account by account, so nothing gets left outside the plan.
One flat fee, paid once, with no recurring charges
You know the price before we start. We do not sell insurance products or charge monthly maintenance fees, so the cost of your plan does not follow you for the rest of your life.
Education so you can manage your own plan
We explain what each document does, when it takes effect, and what to do when something changes, like a new grandchild or a new royalty lease. You leave with written instructions, not guesswork.
We work with the advisors you already trust
If you have a financial advisor, accountant, or a landman you rely on, we coordinate with them instead of pushing them out. Titling mineral interests correctly often takes that kind of teamwork.
20-plus years and a 35-person team behind your plan
Jarvis Law Office has been drafting and funding trusts since 2003, with more than 35 professionals on staff. Your questions get answered years from now, not just on signing day.
Types of Wills and Trusts in West Virginia Estate Planning
Not every will or trust serves the same purpose, and picking the wrong one can undo careful VA and Medicaid planning. Here’s how the main options compare.
| Type | What It Does | Medicaid/VA Relevance |
| Simple Will | Directs how assets pass at death and names an executor and guardians | Assets still go through probate; provides no Medicaid protection during life |
| Pour-Over Will | Transfers any assets left outside a trust into that trust at death | Works alongside a living trust to catch overlooked accounts or property |
| Testamentary Trust | Created by a will, but only takes effect after death | Useful for managing an inheritance for a spouse or dependent, not for pre-death asset protection |
| Revocable Living Trust | Lets the grantor retain control and amend or revoke the trust at any time | Assets generally remain countable for Medicaid since the veteran keeps control |
| Irrevocable Trust | Permanently transfers ownership and control once funded | Can remove assets from future Medicaid countability, but only after the 60-month look-back and only if access stays genuinely restricted |
| Special Needs Trust | Holds assets for a disabled beneficiary without disqualifying them from means-tested benefits | Common tool for a veteran’s dependent who also relies on Medicaid or SSI |
| Qualified Income Trust (Miller Trust) | Redirects income above West Virginia’s cap into a dedicated account | Solves an income-eligibility problem, not an asset-eligibility problem |
Get to Know Jarvis Law Office, P.C.
Jarvis Law Office, P.C. opened in May 2003 and has spent more than 20 years focused on probate avoidance and trust planning. The firm is based out of Ohio and West Virginia, and an active member of the State Bar Associations.
More than 35 professionals make up the team. Staff members actively help move land, accounts, and other assets into the trust, so nothing sits half finished. Clients get instructions and tools so they understand how their own plan works.
The fee is one time and flat. There are no recurring monthly charges and no insurance products attached to the plan. If a family already works with a financial advisor, we work alongside that advisor.
Life Events That Signal It Is Time to Review or Create Your Plan
- Retirement, or the first quarterly royalty check that shows up in your name.
- Inheriting family land or a partial mineral interest from a parent.
- A dementia or serious illness diagnosis in your family.
- The death of a co-owner on jointly held property.
- A child’s marriage, divorce, or a falling out that changes who you trust.
Our Trust and Will Process for West Virginia Families
1. Free initial consultation
We sit down with you, by phone or video, and go through what you own: the land, the mineral rights, the accounts, the royalty checks. You tell us about your family and what you want to happen, and we tell you plainly what kind of plan fits.
2. Education session
Before you sign anything, we explain how wills and trusts actually work and which one protects land and mineral interests from probate court. You will understand your own plan, not just own it.
3. Drafting your documents
We prepare your trust, will, powers of attorney, and health care directives to match your situation, including severed mineral interests and land passed down through several generations.
4. Review and signing
We walk you through every page before you sign so nothing is a surprise. Signing is arranged around your schedule.
5. Moving your assets into the trust
This is the step most firms skip. Our team handles retitling deeds, financial accounts, and mineral interests into your trust, because a trust that owns nothing protects nothing.
6. Your finished plan, organized
You receive a complete, indexed plan with plain instructions on what your family does and when.
7. Ongoing reviews
Land changes hands, families change, laws change. Call us when something shifts and we will review your plan.
Trust and Will Lawyer Questions We Hear Most
What happens to my land and mineral rights if I die in West Virginia without a will?
State law decides who gets what, and it rarely matches what you had in mind. Your surface land and your mineral rights split among your spouse, children, and sometimes more distant relatives, each holding a fractional share. That is how one 80-acre tract ends up owned by nine people who cannot agree on anything.
Does West Virginia have an inheritance tax or an estate tax on what I leave my kids?
No. West Virginia has no state inheritance tax and no state estate tax. Federal estate tax only applies to very large estates, so for most families the real cost of dying without a plan is probate time and legal fees, not taxes.
Can a living trust actually hold West Virginia mineral rights and royalty income?
Yes. A trust can own your surface land, your mineral interest, and the royalty stream that comes with it. The step that matters is signing and recording a deed that moves those interests into the trust in the county where the land sits.
If that deed never gets recorded, the trust does nothing, which is why our team handles that step rather than leaving it to you.
What is the real difference between a will and a living trust for someone who owns land?
A will only takes effect after you die and has to go through probate court before anything passes to your family. A living trust owns your property while you are alive and passes it straight to your family without probate. For land with a messy title history or a severed mineral interest, the trust route avoids reopening old questions in open court.
How long does probate take in West Virginia?
Most straightforward estates run six months to a year through the county commission and the fiduciary supervisor. Estates with land, split mineral interests, or a relative who contests something can stretch two years or longer. Royalty checks often sit uncashed the whole time.
Can I just use an online template for my will?
Template tools do not read your deeds. They cannot tell whether your mineral rights were severed three generations back, whether your father’s estate was ever properly settled, or which county needs a recorded deed. That gap is where families end up in court over land nobody intended to fight about.
Do I need a trust if I only own a house and no minerals?
Not always. If your estate is straightforward and your family gets along, a well-drafted will with the right beneficiary designations may be enough. We tell people that plainly instead of selling a trust to everyone who calls.
What is a pour over will and why do I need one alongside a trust?
A pour over will is a short backup document. If you forget to move something into your trust, or you buy a piece of land later and never retitle it, the pour over will directs that item into your trust after death. Every trust plan should include one.
Can I be my own trustee?
Yes. Most people name themselves as trustee while they are alive, so nothing about how you use your land, sign leases, or cash royalty checks changes. You then name a successor, usually an adult child or a trusted relative, to step in when you die or can no longer handle things.
Local Resources in West Virginia For Trust and Will Services
- West Virginia Supreme Court of Appeals
- West Virginia State Bar
- West Virginia Secretary of State, Business and Licensing Division
- West Virginia Department of Environmental Protection, Office of Oil and Gas
- West Virginia Office of Oil and Gas Conservation Commission
- West Virginia State Tax Department, Property Tax Division
- Legal Aid of West Virginia
- West Virginia Senior Legal Aid
- West Virginia Bureau of Senior Services
- West Virginia Surface Owners’ Rights Organization
- West Virginia University Extension Service
- West Virginia Farm Bureau
- County Clerk offices (deed and will records for each county)
- County Assessor offices (surface and mineral tax records)
Ready to Build a Trust and Will Plan That Actually Works in West Virginia?
One conversation is usually enough to find out whether you need a will, a trust, or both.
Jarvis Law Office has been building these plans since 2003, with a 35-person team that does more than hand you documents. With an office in Parkersburg and flat fees, we’re here to help.
Call us or send a message through the contact form to set up a no-obligation conversation about your land and your family. Tell us what you own and who you want it to go to, and we will tell you plainly what it takes to protect it.
