You may be able to get the information directly from the Clerk of the Circuit Court of Augusta County, but you will probably have to go there directly or have a title examiner in that area research it for you. If the judgement was docketed in the Circuit Court it will attach to any real property... View More

This is a difficult question to answer without more information. If the widow inherited 100% ownership in the property, only her blood line will matter. When someone dies in Virginia, without a will, owning real estate, Virginia Code section 64.2-200 govern the course of descent. I have attached... View More

You have several options which take a lot of explanation and more questions about your business and its reach. You could initially file under Virginia law and when you move to Ohio transfer the LLC to Ohio. If there are tax advantages and/or state filing advantages to form your LLC in Wyoming or... View More

This process is not difficult. You should understand that you are not removing your name from the title to the property, but conveying your interest to the desired party. Without any consideration, you would be executing a Deed of Gift that is exempt from recording fees. If your mother is the... View More

If the Deed was duly recorded and your mother had the requisite mental acuity to execute the Deed, you should be fine. However, it would help to know the exact type of Deed that was recorded and when it was recorded. For instance, if it was a Revocable of Death Deed and did not get recorded prior... View More

If you don't already have an LLC to work with and you are only interested in buying and renting or flipping property in Virginia, a Virginia limited liability company should be all that you need to protect yourself. If you formed an LLC in another state for whatever reason, you would still... View More

There are many ways to answer this question, but much more information is needed to best answer it and point you in the right direction. Do you rent a portion of the property to any third parties for farming? Do you have an estate plan in place? I curious as to what led you to ask this question.... View More

I am answering this question with the assumption the parties resided in the State of Virginia. With the real estate being owned by your mother and your step-father as husband and wife and as tenants by the entirety with the right of survivorship, when your mother passed the property became the... View More

Brother 2 should cooperate with Brother 1 and sell the property. If Brother 2 does not cooperate with Brother 1, Brother 1 can file a Suit of Partition to force the sale of the property and all fees and costs (title examiner, appraisal, etc, will be shared by the parties, generally.

To answer your question, an attorney would need to see both your Deed and subsequent deeds to the property along with the other parties' deed. The right to use someone else's property is generally considered an easement and that easement had to be created in a prior deed. IF the current... View More

If your lease provides for water and a heating to be provided by your landlord and they refuse to install the system or water, it would be a clear breach of the lease and the landlord could be subject to damages. If you contact an attorney make sure you provide a copy of the executed Lease. Good... View More

It seems odd that the Trustee would give you copies of tax return, but not provide to the beneficiaries annual statements of receipts and disbursements. If you have a copy of the trust document, please review the sections that deal with the obligations of the Trustee to account to the... View More

Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More

First of all, if the first wife in your questions dies without a will in Virginia, the laws of intestate succession govern the distribution of her probate assets. In this case, the husband would receive one-third (not including potential spousal claims) and all of the children of the wife would... View More

By donating the property, the City will get use of that portion of your property for free. You may get a reduced property assessment from the loss or the shared use of the property, resulting in lower taxes, but the value of your property will also be reduced. If this portion of your property can... View More

Keep in mind that in the State of Virginia the statute of limitations on the enforcement of the underlying Deed of Trust is 10 years from the maturity date (VA Code Section 8.01-241). If the Deed of Trust does not state the maturity date, the statute of limitations on the enforcement of the... View More

If you are operating your business under an "assumed" name, "trade" name or a "fictitious" name, you should file the propert fictitious name certificate in every state that you are doing business and you should confirm that your entity is authorized to do business in those states.

With the issue of the one child's estate being hung up in probate in the Virgin Islands and not knowing the terms of the child's last will and testament, you only course of action may be to contact a local attorney where the property is located and file a suit for partition. The court... View More

Generally speaking, the Executor or the Administrator of a decedent's estate is responsible for the debts of the estate, assuming the estate has sufficient assets to pay the claims. Virginia Code Section 64.2-528 provides the order of priority when paying debts.

You may need to hire an attorney to look into your brother's actions while serving as the Executor in your father's estate. Your brother has a fiduciary duty to protect your interest and deal fairly and openly with you. His actions or inactions could warrant his removal as the Executor.... View More