The Family Times
West Virginia Family Law Newsletter
 
December 2011 - Vol 1, Issue 10

Greetings!

 

Please continue to email the editor with comments, articles, newsletter ideas, & reader tips.  This is your newsletter so we want to hear from you! 

 

Mark your calendar! WV State Bar Family Law Committee Meetings

(second Friday of the month):

1. January 13, 2012 - 10:30 a.m. at the new state bar office

2. February 10, 2012 - 10:30 a.m. at the new state bar office

 

*contact Kathy Henning if you'll be attending the meeting so that lunch can be ordered for you.

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Thank you to Kanawha County Bench Bar Committee Chair Andy Nason & Committee for a successful year and all your hard work.

Appraising Personal Items

By: Lisa Lynn

 

Knute Rockne said "Win or lose, do it fairly."

 

There is a reason it's called "Personal" Property

I vividly remember my state trooper-escorted marital appraisal nine years ago. As we walked to the house, he looked at me with a hardened face and asked if this was the first time I had ever "needed security." It was. Although combative spouses attempting to divide assets can be challenging, this was the first and only police escort I have required. The day ended with both parties feeling satisfied that the appraisal would be thorough and fair. This scenario is unusual; nevertheless, when I walk into a private residence, I must be ready for anything. No matter the circumstances, a professional appraiser provides their clients with an unbiased straight forward valuation of personal property.

 

The Client's Preparation

During the division of marital personal property an appraisal is often needed to establish value to aid in the division of assets. In preparation for an appraisal the items should be identified as: marital property, pre-marital, inheritance, or gifts. Non-marital items may or may not be valued, however, marital property should be the only asset classification used for equitable distribution. One exception would be an expensive gift that was purchased as an investment for the couple.  

For an efficient appraisal several preparatory steps are suggested. First, make sure valuable small items to be appraised are taken from drawers, closets and safes. These should be in plain sight on available open surfaces. Also, move antique furniture away from the wall to facilitate proper access. Good lighting is also important.

 

Room by Room

The process normally begins with a phone call from an attorney or an individual client. The appraiser makes an appointment to visit the residence (or two residences) and/or business location to perform a room by room inspection. This initial phase of the appraisal process includes an examination of items with detailed notes and photographs. Items such as furniture, art, antiques, guns, coins, rugs, vehicles, etc., are singularly described. This catalogue of the items provides the appraiser with the information necessary to proceed to the next steps of research and report preparation.

 

Research and Report

The appraiser uses a variety of resources to determine the "fair market value," defined as "the price at which the property would change hands between a willing buyer and a willing seller, neither being under the compulsion to buy or sell and both having reasonable knowledge of the relevant facts" (Dewees, 46). With the information gathered on-site, the appraiser researches the personal property using an extensive reference library which is constantly updated. On-line data bases, trade periodicals, and venues such as: auctions, antiques shops, coin and silver shops, and estate sales are essential references used by a certified appraiser to determine current values.   In the case of an unusually challenging item, consultations with experts coast-to-coast may be necessary. This is not unlike the PBS television show, "Antiques Road Show."

 

Expert Witness

In the event that the findings of an appraisal report are challenged, a properly researched and documented appraisal report will stand up to scrutiny in a court of law. The appraiser must be prepared to express their opinions within a reasonable degree of certainty and disclose the underlying basis for their opinions.          

 

A Business Based on Ethics

The integrity of an appraisal business is simple and it cultivates trust. There should be no suppression of facts or misrepresentation of qualifications and there will be no influence by third parties (Dewees, 85). I feel the steady growth of my business over the years is a reflection of the respectful, confidential and, above all, fair treatment of my clients. A recent e-mail from an attorney who regularly uses my appraisal service was kind enough to comment; "We settled, thanks in large part to not having to squabble over the little stuff . . . how simple this can all be with a proper valuation in place."

 

In addition to divorce appraisals, I am often hired to catalogue and appraise complete households or single items for insurance purposes. I also work with banks, trust and estate professionals (wealth management), heirs, and private clients across the state. My business, Lisa Lynn Appraisals, is based in Charleston and is certified state and nationwide. Designations: Certified Appraisal Guild of America, New England Appraisers Association, Co-Founder: (former) Charleston Antiques Academy, B.S. Mechanical Engineering.

 

About the Author:

Areas Supported:

Residential: Antiques - Art - Household Contents

Business: General Contents - Inventory - Equipment.

 

Phone: 304.549.2874

e-mail: [email protected]     

On the web: www.lisalynnappraisals.com 

 

Sources:

Dewees, Paul. Personal Property Appraiser's Handbook. St. Joseph, Missouri: Certified Appraiser's Guild of America, 1996.

 

 

WV Supreme Court

Memorandum Decisions

 

Hess v. Radford, Jr. (Dec. 2011) 

 

Decision: Wife's claim for equitable distribution of property was barred by doctrine of laches, due to delay of over 9 years between the final divorce decree and Wife's filing of her petition for equitable distribution. Affirmed Circuit Court's reversal of family court order.

  

Read the full decision here

 

  

In Re: Adoption of A.P.B. (Dec. 2011)

 

Facts:  Mother signed and notarized consent to adoption form.  At the time, evidence was that she was addicted to drugs, but not that she was under the influence when she signed the form.  Circuit Court found that consent to adoption was valid, meets all requirements of WV Code, and  was not obtained by fraud of duress.  Mother appealed.

 

Decision:

1. Insufficient evidence of fraud.

2. The consent to adoption form was "knowingly, intelligently and voluntarily executed" because evidence tended to show she was not under the influence of any drugs when she signed the form.

3. Deficiencies in the consent for adoption were inconsequential and did not warrant revocation of the consent. Primary deficiencies alleged by Mother was that she was not provided a copy of the document and she was not advised of ramifications of misidentifying the birth father.

4. Consent forms failure to require a reference to an "open adoption" was inconsequential as it is not required by WV Code.

 

Read full decision here

Contacts

 

Editor:  Brittany N. Ranson, Esq.

Click here to Email the Editor  with ideas, articles, CLE or other events, news, QDROs, comments or to join our mailing list.

 

WV State Bar Family Law Committee

Chair Lyne Ranson, Esq. 

2006 Kanawha Boulevard, East

Charleston, West Virginia 25311

 

Kanawha County Family Law Bench Bar 

Chair Andrew S. Nason, Esq.

DISCLAIMER

The Family Law Times is a newsletter published monthly by the West Virginia State Bar Family Law Committee and the Kanawha County Family Law Bench Bar.   Readers are welcome to submit articles or material of interest to section members by emailing Brittany Ranson, Editor at [email protected].

 

Publishing of an announcement or article does not imply endorsement by the West Virginia State Bar or its members. Any viewpoints presented are those of the authors and do not necessarily reflect the views of the Editor, the West Virginia State Bar Family Law Committee or the Kanawha County Family Law Bench Bar. The section expressly reserves the right to refuse any requests for publication.

All the information in this newsletter is published in good faith and is intended for general information purpose only. The information contained in the newsletters should not be construed as legal advice. Seek competent counsel for advice on any legal matter.

The newsletter editor and publishers do make any warranties about the completeness, reliability and accuracy of the information provided. Any action you take upon the information contained herein is strictly at your own risk.

From this newsletter, you can visit other websites by following hyperlinks to these sites. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all the content found on these sites. Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. 

In This Issue
WVFamilyLaw on Twitter
Appraising Personal Items, By: Lisa Lynn
WVSC Memorandum Decisions

Family Law
in the News
    

 

Obesity fuels custody battle


Articles on

*Happy Holidays*

 in Family Court

 

 

 

Holiday divorce advice for parents

 

 

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The Family Times is brought to you by:
 

West Virginia State Bar

President, Gary W. Nickerson, Esq.

 

WV State Bar Family Law Committee

Chair, Lyne Ranson, Esq.

 

Kanawha County Family Law Bench Bar Committee

Chair, Andrew S.  Nason, Esq.


Newsletter Editor

Brittany N. Ranson, Esq.