You've left out some important information - when was the mortgage taken out, when was it's original due date, and a few other things. I have a lot more questions than answers at this point.

That said, the odds are that the holder of the debt may still be able to foreclose on the... View More

Handling of estates is a lot more technical than most people think, and you should consult an experienced probate attorney to review the estate and advise you. If there is no estate under administration (through the court system) you - as an individual - are generally not responsible for the... View More

Security Deposits are governed by 55.1-1226 of the Code of Virginia - you can find it at this link:

https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/

It specifies 45 days from the date defined in the law (earlier timelines were a bit shorter) so it may be... View More

First, you can sue anyone for almost anything (there can be a penalty if it's frivolous, however. Don't worry: your situation is not 'frivolous' in my opinion). The real question is whether you can succeed in that suit. I think you have a fair chance of success - nothing... View More

Nope. You don't have any claim at all based on the facts you've given. That little word 'assigns' means people that ancestor may sell the land to. He sold it.

There is also an obscure real estate rule called the 'Rule against Perpetuities' which, in very... View More

Read your lease. Some leases have an extended notice period such as 60 days (which your landlord is telling you). Your lease controls if it was written correctly. In leases I've drafted the following paragraph was included:

;;;

YOU and WE may terminate this lease by giving... View More

You may be entitled to a refund for the period after the landlord began renovations of the rental unit. There is a difference between 'renovations' (serious work such as upgrade kitchen, bath, etc) and 'turnover' (new paint, possibly replace old carpet, etc). Also consider the... View More

Three critical issues, two which the other lawyers mentioned.

First, what does your mother's will say? The language in it is critical.

Second, is the timing of their respective passing. if your mother passed first then your brother, then his wife and/or children could get... View More

In my opinion lawyers who focus on one area of the law shouldn't dabble in areas of law they aren't familiar with. It can breed malpractice claims.

There are a lot of missing pieces in your short question. I suggest you consult an experienced probate law firm for a consultation... View More

From your question I infer that you went ahead and paid the additional rent without objection. In that case, a court could hold that you accepted and ratified the increase and deny a claim.

You have your question backwards. It's up to the landlord to prove it's the bill for your property. You might call the water utility and ask about billing at your address.

This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and meet with an... View More

The 60 day notice and the 5 day notice are two different things. The 60-day notice says that the landlord will not renew your right to live in the rental unit and must move by the end date - this is whether or not you pay your rent.

The 5-day notice is because the landlord says you... View More

My first question is HOW was the property sold? Did the two heirs sell it or did the estate sell it? In other words, was the money paid to the heirs or to the estate administrator? If the heirs sold it and the money was distributed to them, then there shouldn't be an issue.

However,... View More

Both Mr. Sternberg and Mr. Wilson are correct, and the answer can be complicated depending on family history. Simplistic analysis: ASSUMING Sister and Husband were parents of nephew (son) who was their only child. He owns the property whether or not their estate was 'put through... View More

That sounds like nonsense.

You may want a lawyer to help you. I would suggest a 'tenant assertion' to have the court declare that a lease exists and you are due refund/credit/lower rent payments on the lease. You would file the assertion in the General District Court for the... View More

If a fiduciary mis-handles an estate, then having them pay improperly handled money and property is technically called a 'surcharge' and is suing on the bond. That statute is ten years - see Virginia Code 8.01-245, here: https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-245/.

Mr. Sternberg is absolutely correct: it depends on how the deed was written when they got the house, or if your dad owned it before they were married, did he change the ownership to a survivorship with step-mom. If the deed has both names with either the phrase 'tenants by the entirety'... View More

My first thought is "WHY?" Why would you want your (new) spouse to become legally responsible for a loan that you, individually, qualified for. You don't need to.

As for adding your (new) spouse to the title to the property, it's fairly easy and any real estate lawyer... View More

You are asking a very complex question on a short answer forum and mis-understand some of Medicaid rules. Aunt may or may not be wrong - there are several ways this can be handled.

You need an Elder Law Attorney to advise you, and Charlottesville has several very good ones who are... View More