I have kept payments current in the mortgage for 3.5 yrs but would like to re-finance it in my name only. Do I have to get permission from him to do this? A bank is telling me he has to sign a form
answered on Apr 4, 2022
I start with the general principle that banks are stupid, and the bigger the bank the stupider they are.
To clarify: When you bought the property the seller delivered a deed which lists ONLY you as the grantee (buyer). To finance the purchase both you and your then fiancee was on the loan... View More 
My 71 yr old brother was diagnosed with a brain tumor in January of this year. Humana Advantage Medicare denied his continued care at the rehab center as it reported that he was making progress (walking 20 feet with someone holding onto him is not progress). He lived alone & cannot live on... View More
answered on Mar 10, 2022
Short answer - yes, you can be appointed assuming your brother in law is not capable of granting a power of attorney. And no, you won't be financially responsible for his debts provided you ALWAYS say you're acting as guardian (or conservator.
BUT YOU NEED TO CONSULT A LAWYER.... View More
The family is trying to sell it and can't because the lady added my name to the deed. do i have rights to the land and what should i do. The family wants me to sign my name off it. I refuse because I have money invested in the property. In the event of her Death and she has no will would that... View More
answered on Feb 20, 2022
YOU NEED A LAWYER, NOT AN INTERNET ANSWER.
Most "Rent to own contracts" create problems for the parties, even those written by lawyers. The good news is that the lady added you to the title of the property (which is what you meant by the incorrect phrase that your name is... View More
Assets include property, bank accounts, stocks, mutual funds and vehicles. There is no debt whatsoever. After fathers death, my mother had all assets, except vehicles, changed to her name with a TOD to my 2 siblings and me. Property deeds were also changed to include a TOD. Question 1- when she... View More
answered on Jan 10, 2022
All great questions, and NOT suitable for a quick internet messaging site such as this. There are a lot of variables you haven't considered and not fully understanding them can cost you thousands.
Elder Law Attorneys handle this type of matter and can give you good advice. Most of... View More
Do I need to hire attorney to represent our family and handle the estate? If he passes away we do not know anything about life insurance or burial insurance but we will have to pay the bill for the funeral because we do not know any thing about his finances etc.
answered on May 21, 2021
I am sorry for your situation.
I always recommend consulting an attorney for an estate - depending on the estate we can save the family money and keep them from making mistakes in handling the estate. Consult a probate lawyer.
There's usually no hurry when someone passes... View More
answered on Apr 10, 2021
The loan is still in force - the other individual will still be responsible for payment. It is also possible that the estate of the person who died will have to pay it - and in turn could require the other borrower to repay the estate. Every case like this is different and a lawyer should be... View More
answered on Mar 13, 2021
For Virginia property, no. The only way a joint tenant with survivorship can 'break' the deed is to convey their share of the property to a third person.
answered on Mar 13, 2021
If the agent HAS KNOWLEDGE that the house has more bedrooms than the septic rating, then it could be an issue.
HOWEVER, no agents that I know (including one of the top five in my area) look at the septic certification before the listing. Agents rely on what the seller tells them (and they... View More
This would involve a married couple
My grandmother had a mobile home on property that my great grandmother purchased. My great grandmother passed without a will but my grandmother has since paid the taxes on the property up to date. My grandmother had 7 siblings and only 4 are left which are all on board with a quit to claim deed in... View More
answered on Feb 25, 2021
The lawyer you talked to is correct. The interests of children of your great-grandmother goes to THEIR children on their death. I suggest you get deeds for whatever shares you can, then approach the others for their shares. This can be very complicated and time consuming. And you absolutely need... View More
Took over the property of which I just received a notice that they are raising my rent 300.00 starting March 1st. Can they do this legally?
answered on Feb 25, 2021
It depends on the exact terms in the lease. Most leases that 'auto-renew' (1) state that the renewal will be for a specific period (such as a year, but some are 'auto-renewing' only month-to-month) and (2) have a 'notice' requirement that if either the landlord or... View More
settled, what happens with the deceased heirs portion of the estate?
answered on Feb 11, 2021
In addition to specific language - or lack of it - in a will, timing can be important.
If (as in your question) an heir dies after the original decedent, then the interest goes to the heirs of the deceased heir.
If, however, someone ('H') named in a will dies before the... View More
I currently have a situation where a single person owned several lots and the single owner of the lots developed an easement over all lots that he owned for access in lieu of the approved unconstructed access road.
To my understanding, easements give you the right to do something on... View More
answered on Feb 5, 2021
I agree with Mr. Sternberg - you can basically create easements for benefit of some or all lots. Make sure that each user of the easement shares in the cost of upkeep. You'll need an experienced real estate attorney to help you draft something that works well
answered on Feb 4, 2021
I'm restating your question:
1) Husband and wife own real estate.
2) the deed to husband and wife conveyed the property and included EITHER of the following two phrases: "Husband and Wife as Tenants by the Entirety", OR "H & W as Joint Tenants with right... View More
answered on Jan 28, 2021
This forum is for reviewing a situation - a series of facts - and those with expertise then respond as appropriate. A bare question such as this won't get anywhere.
The month-to-month lease they signed states I must give at least 30 days notice - i gave 45. I need to move back into my house. Tenant now (30 days after notification) states they are protected under Federal COVID eviction moratorium and will not leave. Is this true? They are willing to pay another... View More
answered on Jan 18, 2021
My understanding is that the moratorium is only for non-payment of rent. Any other reason (not money) for termination of a lease is still valid. I suggest you contact an experienced landlord tenant lawyer in that area for advice.
answered on Jan 8, 2021
Probably not. You agreed to a year and the tenant relied on that.
Turning it around, would you let the tenant break the lease if they wanted/needed to move?
answered on Jan 5, 2021
Mr. Sternberg is correct - if the account had joint ownership or survivorship then the individual named - even if also the executor - could close it. Also, if the estate was below $50,000 it falls under the 'small estate act' provisions of Virginia law and no formal administration (court... View More
answered on Jan 4, 2021
No, you are not required to provide internet - or any other utilities.
HOWEVER, if you haven't given them a written lease, then Virginia has written one for you and they have the right to be there for a full year. See 55.1-1204 of the Virginia Code. If you trust a bunch of... View More
My home is located in Virginia Beach
answered on Dec 17, 2020
Mr. Sternberg is correct - you'll have to refinance to do it. Lenders are a pain in the neck on this stuff - assuming you actually find someone at the loan servicing company who understands what you're doing. The important thing is to get a deed from your ex for their share of the... View More
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