What Happens If a Drilling Company Damages My Property?

In West Virginia, oil and gas development is a major industry—but it can come with real consequences for property owners. If a drilling company damages your land, buildings, or water supply, it can be difficult to know what your rights are or how to get fair compensation.

Here’s a breakdown of what landowners should understand when dealing with property damage caused by mineral or energy operations.

Drilling Companies Can Be Held Liable for Damage

Even if a company has the right to access your land for mineral extraction, that doesn’t give them a free pass to cause harm. They are still legally obligated to use “reasonable care” and minimize disruption to the surface.

Common types of damage include:

  • Ruts or erosion from heavy equipment
  • Damaged fencing or outbuildings
  • Contaminated water sources from spills or runoff
  • Soil degradation
  • Excessive noise or light pollution

If a company fails to prevent avoidable damage—or ignores proper restoration—there may be grounds for a legal claim.

What Landowners Can Do When Damage Occurs

If your property has been affected by drilling activity, here are steps you can take:

  1. Document the Damage: Take detailed photos and videos. Make notes of when the damage occurred and how it has affected your use of the property.
  2. Request Restoration or Compensation: Reach out to the company directly and ask for repairs, cleanup, or payment. In many cases, companies will resolve issues without legal involvement if there’s clear evidence.
  3. Review the Lease: If there is a surface use agreement or lease in place, it may include terms that require the company to restore the land or pay for damages.
  4. Consult an Attorney: If the company denies responsibility or fails to act, legal help may be needed to pursue fair compensation.

Legal Tools for Landowners

A lawyer can help you take several legal approaches to address the issue, such as:

  • Negotiating a settlement with the company for repairs or financial compensation
  • Filing a civil lawsuit for property damage, trespass, or nuisance
  • Pursuing environmental claims if contamination or pollution is involved

Every situation is different, but with experienced legal guidance, you don’t have to accept damage to your land as the cost of doing business.

Drilling companies are required to act responsibly when operating on or near private land. If your property has been damaged, Persinger & Persinger can help you explore your options, build a case, and negotiate for the outcome you deserve.

Note: This article is intended for informational purposes only and does not constitute legal advice. For assistance with property damage or surface rights issues, contact Persinger & Persinger directly.

What Happens If I Die Without a Will in West Virginia?

It’s a question many people don’t think about until it’s too late: what happens to your belongings, property, or bank accounts if you pass away without a will? In West Virginia, the answer depends on a legal process called intestate succession. When there’s no will, state law determines who inherits your estate—and the outcome may not reflect your personal wishes.

If you want to ensure your assets are distributed the way you intend, understanding how intestate laws work is a good place to start.

West Virginia’s Intestate Succession Laws

When someone dies without a will, the state steps in to determine how their assets are divided. This process prioritizes close family members, but the details can get complicated. Here’s a basic breakdown:

  • If you’re married with no children, your spouse typically inherits everything.
  • If you’re married with children from that marriage, your spouse also usually receives the full estate.
  • If you have children from another relationship, your spouse and your children will share your estate.
  • If you’re not married and have no children, your estate may go to parents, siblings, nieces, nephews—or even more distant relatives.

The court appoints someone (usually a family member) to serve as the personal representative of your estate. This person will manage your property, pay any outstanding debts, and distribute what remains according to the law.

Why Dying Without a Will Can Create Problems

Without clear instructions in a will, families are often left to navigate confusion, delays, and even disputes. Some common issues that arise include:

  • Probate delays: The court must verify heirs, appoint a representative, and follow a specific legal process, which can slow everything down.
  • Unintended outcomes: Your assets could go to relatives you’re estranged from—or bypass people you care about.
  • Family conflict: When there’s no will, misunderstandings can easily turn into legal disputes.

Creating a will doesn’t just protect your assets—it protects your loved ones from unnecessary stress.

The Basics of Creating a Simple Estate Plan

Even a basic estate plan can go a long way in making sure your wishes are honored. Here are a few documents to consider:

  • Last Will and Testament: Outlines how you want your assets distributed and who should manage your estate.
  • Healthcare Power of Attorney: Allows someone to make medical decisions on your behalf if you’re unable to.
  • Financial Power of Attorney: Designates a trusted person to manage your finances if you become incapacitated.
  • Living Will: Describes your preferences for medical treatment in end-of-life situations.

Estate planning isn’t just for the wealthy. Every adult—especially those with children, property, or specific wishes—should have at least a basic plan in place.

If you want to make sure your assets are distributed according to your wishes—and not left to state law—Persinger & Persinger can help you create a personalized estate plan that fits your needs and goals.

Note: This article is intended for general informational purposes only and does not constitute legal advice. To learn more about estate planning in West Virginia, contact Persinger & Persinger directly.

How to Avoid Probate in West Virginia

For many families, probate is a process they’d rather avoid. It can be time-consuming, expensive, and emotionally draining—especially during an already difficult period. In West Virginia, there are legal strategies that can help your loved ones bypass probate and settle your affairs more efficiently.

Whether you’re starting your estate plan or revisiting an existing one, here’s what to know about avoiding probate and simplifying what happens after you’re gone.

What Is Probate and Why Do People Try to Avoid It?

Probate is the court-supervised process of validating a will, paying off debts, and distributing assets. While it’s a necessary step in many estates, it can have some downsides:

  • Delays: Probate can take months, sometimes over a year.
  • Costs: Filing fees, legal costs, and executor expenses can add up.
  • Public Record: Probate filings are public, which means details about your estate become accessible to anyone.

By using certain planning tools, you can reduce what goes through probate—or eliminate the need for it altogether.

Common Strategies to Avoid Probate in West Virginia

  1. Revocable Living Trusts
     A living trust allows you to transfer assets to a trust during your lifetime. You still control them, but when you pass away, the successor trustee can distribute them directly to your beneficiaries—without going through probate.
  2. Transfer-on-Death (TOD) or Payable-on-Death (POD) Designations
     Many financial accounts, including bank accounts and investment portfolios, allow you to name a beneficiary. These assets pass directly to the named person when you die, bypassing the court.
  3. Joint Ownership with Right of Survivorship
     When property (like a home or vehicle) is owned jointly with someone else, it typically passes automatically to the surviving owner.
  4. Beneficiary Designations on Retirement Accounts and Life Insurance
     Make sure your designations are up to date. These assets go directly to the named beneficiaries and not through probate.
  5. Small Estate Affidavit
     If the estate is valued under a certain threshold, West Virginia allows heirs to claim assets using a simplified process, skipping formal probate. This is subject to certain limitations and only applies in qualifying cases.

Potential Pitfalls to Watch Out For

While probate avoidance can be helpful, it’s not foolproof. Some common mistakes include:

  • Failing to title assets properly in a trust
  • Forgetting to update beneficiary designations after life changes
  • Leaving out significant assets that still require probate

Working with an estate planning attorney can help ensure your plan actually works the way you intended.

If you want to make things easier for your loved ones and avoid unnecessary delays and costs, Persinger & Persinger can help you explore the best probate avoidance strategies for your specific situation.

Note: This article is intended for informational purposes only and does not constitute legal advice. For help creating or reviewing your estate plan, contact Persinger & Persinger to learn how we can assist you.

Should I Set Up a Trust to Protect My Assets?

When people hear the word “trust,” they often think it’s something only for the wealthy. In reality, trusts are useful estate planning tools for people from all walks of life—especially those who want more control over how their assets are managed or distributed.

Whether you’re planning for your family, protecting your business, or simply looking to keep things private, a trust may be worth considering. Here’s a closer look at how they work and whether one might be right for your situation.

What Is a Trust, and How Does It Work?

A trust is a legal arrangement where one person (the trustee) manages assets for the benefit of another (the beneficiary). The person who creates the trust (called the grantor) sets the rules about how and when the assets are distributed.

There are two main types of trusts:

  • Revocable Trust: Also known as a living trust, this can be changed or revoked during your lifetime. It helps avoid probate and gives you flexibility while you’re alive.
  • Irrevocable Trust: Once established, this type usually can’t be changed without the beneficiary’s consent. It offers stronger asset protection and can be useful for tax planning or protecting against long-term care costs.

Who Should Consider a Trust?

While not everyone needs a trust, they can be especially helpful for people who:

  • Want to avoid probate: Assets placed in a trust generally don’t go through probate, which can save time and reduce legal fees for your heirs.
  • Have young children: A trust can manage money or property for minors until they reach a certain age.
  • Own property in multiple states: A trust can help bypass multiple probate processes.
  • Have a family business: Trusts can ensure a smooth transition and protect business interests.
  • Are concerned about privacy: Unlike wills, trusts are not part of the public record.
  • Want to set conditions for inheritance: You can include specific instructions, such as requiring a beneficiary to graduate college before receiving funds.

Common Misconceptions About Trusts

  • “Trusts are only for the rich.” False. Many middle-class families use trusts to streamline their estate plans and protect loved ones.
  • “I’ll lose control of my money.” With a revocable trust, you remain in full control while you’re alive.
  • “It’s too complicated.” A trust does involve some upfront planning, but with legal guidance, the process is manageable—and often well worth the effort.

A trust can be a powerful way to protect your assets and provide peace of mind for your family. If you’re wondering whether a trust fits into your estate plan, Persinger & Persinger can walk you through your options and help create a plan tailored to your goals.

Note: This post is for informational purposes only and does not constitute legal advice. To find out whether a trust is right for your situation, contact Persinger & Persinger to speak with our estate planning team.

Common Causes of Car Accidents in West Virginia

From city streets to winding mountain roads, crashes happen across West Virginia every day. While the circumstances vary, many share common root causes that determine who is at fault.

Top Causes of Crashes:

  • Distracted driving
  • Speeding or aggressive driving
  • Driving under the influence
  • Running red lights or stop signs
  • Slick roads or poor visibility

When one driver’s negligence leads to another person’s injury, it’s important to understand your rights. Identifying the cause of the crash helps establish liability and lays the groundwork for pursuing a claim.

Note: This article is for informational purposes only and does not constitute legal advice. Contact Persinger & Persinger for legal insight based on your circumstances.

Dealing with Insurance Companies After an Accident

After a crash, one of the most stressful parts of recovery is dealing with the insurance company. They may sound friendly, but their goal is to minimize how much they pay—not to look out for your best interests.

Smart Moves:

  • Be cautious with what you say in recorded conversations

  • Don’t rush to accept a settlement offer

  • Keep a record of all communication, bills, and paperwork

Negotiating with insurance adjusters can be tough—especially when you’re trying to focus on healing. Having someone on your side who knows how to handle these conversations can make a significant difference.

Note: This blog is for general informational purposes only and does not constitute legal advice. To speak with an attorney about your claim, contact Persinger & Persinger.

Understanding West Virginia’s At-Fault Insurance System

West Virginia follows an “at-fault” insurance model. That means the driver responsible for causing the accident is also responsible for covering the damages.

What That Means for Drivers:

  • The at-fault driver’s insurance typically covers injuries and property damage

  • You may pursue a claim through your own insurance, the other driver’s, or file a personal injury lawsuit

  • If you’re partly to blame, your compensation may be reduced proportionally under comparative fault rules

Understanding how fault and liability work is essential when negotiating with insurance companies or considering legal options after an accident.

Note: This blog is intended for general informational purposes only and does not constitute legal advice. Contact Persinger & Persinger to learn how the law applies to your case.

Who Owns the Minerals Under My Land? Understanding West Virginia’s Split Estates

If you own land in West Virginia, it might come as a surprise to learn that you don’t necessarily own what’s beneath it. In many parts of the state, the mineral rights have been separated from the surface property—a concept known as a “split estate.” For landowners, this can raise serious questions about rights, access, and control.

Here’s what you need to know if you’re trying to determine who owns the minerals under your property and what it means for you.

What Is a Split Estate?

A split estate occurs when the surface rights (the land you live on, farm, or use) and the mineral rights (resources like coal, oil, and natural gas underground) are owned by different parties. This legal division often dates back decades—sometimes over a hundred years—when landowners sold or leased their mineral rights to energy companies.

In many cases, the surface owner today has no idea the mineral rights were sold off generations ago.

Surface Rights vs. Mineral Rights

When ownership is split, the mineral rights owner generally has the legal authority to access the surface in order to extract the resources. This means drilling, building roads, or installing equipment could be permitted—even without your consent—depending on the language of the original lease or deed.

However, surface owners still have rights, including:

  • Reasonable Use Protections: The mineral rights holder must exercise their rights without causing unnecessary damage or interference.
  • Notification Requirements: In some cases, companies are required to give advance notice before beginning operations.
  • Surface Use Agreements: These are negotiated contracts that spell out what can and can’t be done on the land, helping to limit disruption.

How to Find Out Who Owns the Mineral Rights

If you’re unsure about the status of your mineral rights, you can take these steps:

  1. Review Your Deed: Start with your property deed. It may state whether mineral rights were included in the sale.
  2. Search County Records: The county clerk’s office or a title abstractor can trace ownership history and reveal prior mineral rights transactions.
  3. Hire a Lawyer or Landman: Legal professionals or certified landmen can help conduct a thorough title search and explain your rights based on current records.

What to Do If You Discover the Minerals Are Already Leased or Sold

If a company claims mineral rights under your land, don’t panic—but don’t ignore it either. It’s important to:

  • Verify the legitimacy of their claim by requesting copies of the lease or deed.
  • Negotiate a surface use agreement if they plan to access your property.
  • Consult with a lawyer to ensure your rights as a surface owner are being respected.

Even if you don’t own the minerals, you still have a say in how your land is treated.

Split estates can be confusing and sometimes frustrating for landowners. Whether you’re trying to determine ownership or you’ve been contacted by a drilling company, Persinger & Persinger can help you understand your rights and protect your property.

Note: This article is for general informational purposes only and is not legal advice. For help with mineral rights or land use issues, contact Persinger & Persinger directly.

What Landowners Should Know Before Signing a Mineral Rights Lease

Owning land in West Virginia can come with more than just scenic views—it may include valuable mineral rights beneath the surface. If a company approaches you with a mineral rights lease agreement, it might seem like a great opportunity. But before signing anything, it’s important to understand what you’re agreeing to and how it could affect your land long-term.

Key Clauses to Look For in a Mineral Lease

Not all leases are created equal. Some contracts favor the drilling company, while others provide stronger protections for the landowner. Here are a few critical terms to watch:

  • Royalty Rates: This is the percentage of profits you’ll receive from extracted resources. Make sure the lease clearly spells out the royalty structure, payment timing, and audit rights to verify accuracy.
  • Lease Duration and Extension Terms: Pay attention to how long the lease lasts—and whether it can automatically renew. Some leases include extension clauses that lock in long-term use with little input from the landowner.
  • Surface Use Agreements: Will the company be allowed to build roads, install pipelines, or set up drilling equipment on your property? These details matter. A separate surface use agreement can help protect your land from unnecessary disruption.
  • Shut-In Clauses: Some leases allow companies to delay production while still holding the lease active. This can affect your payments and land use.

Understanding Royalty Payments

Royalty payments are typically based on a percentage of the value of the minerals extracted—usually oil, gas, or coal. However, the calculation can vary based on deductions the company takes out for transportation, processing, or equipment costs.

Make sure your lease includes a clear explanation of:

  • What qualifies as a royalty-producing event.
  • When and how payments will be made.
  • Whether deductions are allowed—and if so, which ones.

Without clarity, royalty checks can end up being far smaller than expected.

Protecting Your Land from Environmental Damage

Mineral extraction can be hard on the land. Roads, well pads, spills, and heavy equipment can all take a toll on your property if not managed properly. To safeguard your land:

  • Negotiate a detailed surface use agreement or add protective language to the lease.
  • Require restoration clauses that obligate the company to repair any damage.
  • Limit access to certain areas of your property, like streams, farmland, or residential zones.

Having legal guidance during this process can help ensure the lease works for you—not just the drilling company.

Signing a mineral rights lease can be a smart financial move, but only if it’s done with full understanding of the terms and long-term impact. If you’ve been approached with an offer or already have a lease in hand, Persinger & Persinger can help you review the agreement, negotiate fair terms, and protect your rights as a landowner.

Note: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, contact Persinger & Persinger to learn how we can help.