No attorney; my daughter and I are co-tenants. We are now in the final month of the lease, and can safely afford to not renew the 12 month lease and move out.---> Multiple code violations have continued throughout our 2 year tenancy. A UDL was filed in October 2019. Our attorney for that case... Read more »
ALWAYS appear in court when you are sued - the U/Detainer will show up on your rental record for 10 years and many landlords won't rent to anyone who has been sued for rent. If you don't show up the landlord will get a (undeserved) default judgment against you and mess up your credit.... Read more »
All assets were liquidated into a POD account years ago, all current income taxes, funeral costs, and debts have already been paid. Only final taxes on bank interest, a modest Social Security income, final IRA distribution costs and the POD account will remain when Mom passes. Does the estate have... Read more »
I'm sorry for your loss. You may not have to do very much as everything was POD. And that included 'probate'.
I suggest you consult an attorney - in Virginia - to advise you and reassure you of where you are. Elder Law attorneys are familiar with estate law and procedure -... Read more »
I want to refinance my house with a better interest rate but I am in my 70's and I want to leave the house for my children What should I do? I don't think they will qualify for a loan themselves, but if I do refinance they will definitely be able to keep paying the mortgage. What would if... Read more »
You know that 'whack-a-mole' arcade game where 'moles' pop up and you take a club and knock them back into the hole? Estate planning is a lot like that. You need a comprehensive review of your situation and a coordinated plan - failure to do that can seriously reduce what your... Read more »
Contacted me yesterday. I want to make sure I do everything right!
Do we go to Clerk of Court to exchange money, does she bring $ to me then I contact courts its settled?
5 years have passed so its over $20k with the 6% interest. Can bankruptcy be filed to get out of it? But... Read more »
Yes, she can file bankruptcy to discharge the debt.
All you really need to do is 1) agree on an amount 2) get that amount and give tenant a receipt, 3) within 30 days advise the court that the judgment has been satisfied. It's an easy form and the clerk will help you with it.... Read more »
This was a murder suicide. I understand slayer deemed to have died first in these cases and victims family becomes heirs to everything. What happens to skaters debt, and who pays slayers funeral expenses?
If this has happened in your family or close friend, you have my deepest sympathy.
Mr. Wilson is correct - Virginia law doesn't address the issue. What Virginia law does is prevent the slayer (or his estate) from profiting - getting money - from his crime. That means that anything... Read more »
Mr. Sternberg is correct - you don't provide nearly enough information to answer your question. Being 'on the deed' can mean a number of things from simply a co-owner to having the remainder after a parents' life estate.
about the purchase. They want out of the contract. They are pressuring me to sign a document basically stating a mutual agreement to break the contract and forfeiting their deposit. What alternatives do I have?
First, you need a lawyer, not an internet advice board. 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... Read more »
It is 30 acres of land in VA where 2 of the 5 owners with the other owners permission is setting up what is called The Eden Experience-The Eden Experience is about creating a new sense of community and family based on permaculture farmsteading that thrives and coexists along harmoniously with the... Read more »
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 sit down with an... Read more »
There's 233,000 Acrea of land owned by family name.The farm has been owned and manned by my family for over 100 years .(with whom I've never met and by blood I am related)Is there any rights I have to this farm?
There is no way to tell from your question. You don't specify whether the land is located in Virginia or some other state - 233,000 acres is huge for Virginia; more likely in a western state. The laws of each state are different.
That said, you would need a title search to determine... Read more »
My family has owned a 1/2 acre property with well, septic, trailer on it for 50 years. Someone bought the 1/2 acre in front of me & their surgery now claims my developed part is theres. No house has been on their property for almost 20 years & they had a well before too. We’ve paid taxes... Read more »
It sounds as if you have all of the elements (parts) required to claim adverse possession, but in no way is this a do it yourself project - you need a lawyer.
This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations.... Read more »
You simply have a deed prepared, sign it and deliver it.
A good lawyer (only lawyers can write deeds for a fee - it's considered the practice of law) will draft it as a 'Deed of Gift' and recite the section of the code that exempts the deed from recording taxes.
A... Read more »
My mother died last year and my brother and I were the only two heirs named in the will. I am the executor.
The will states that the house is to be sold and proceeds (along with other estate assets) be divided between us.
The issue was the house was very outdated and had bad water... Read more »
As always, my advice is to talk to your probate lawyer to make sure you handle it properly - different areas of Virginia may have different ways of handling it. If you don't have a probate lawyer consult one. If you don't want to do that, you can call the Commissioner of Accounts (COA)... Read more »
The current lease does not expire until July 31, 2020, but the leasing office is telling her she has to sign. I was the guarantor on the current lease, but have not indicated I plan to again, but they are also telling me I have to sign.
Without looking at the existing lease, the form for 'intent' and the proposed new lease we can't give a specific answer.
Generally speaking, a 'letter of intent' is not a contract - it's just an indication that someone plans to do something, however if there... Read more »
The garage was in the spot for 20 ish years. Then it got taken down due to new construction and a fence was put in by the new owner.
Adverse possession is one of the more complicated areas of real estate law. You need to consult a real estate litigation attorney 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... Read more »
You asked this on two separate forums - yes, Unlawful Detainer (note correct name) is an eviction. If you don't move after 10 days the landlord can have the sheriff physically remove you from the property and your stuff can be removed from the property.
If your mother is on a written lease that has not expired, then the 'old' rent continues. Many leases revert to month-to-month leases after the first year (or so) and if that's the case, and the new owner gave appropriate notice, then the new rent is due.
One other item... Read more »
My spouse recently became a Ward of the state. He has a public guardian & conservator. How do I get protection under the spousal impoverishment laws? I depend on his income. He receives retirement from the railroad of $3400 per month. He went to a Nursing Home yesterday. His care will run... Read more »
Your question is remarkably complex. 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... Read more »
I want to go and request to review my tenant file with my property manager. I want to see what contents are in the file. The Property Manager is telling me no and that I am not entitled to review the file. If the file is about me and concerns me and residency then why can't I review it?
See Virginia Code 55.1-1209-D, found here: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1209/
it says:
D. A tenant may request a copy of his tenant records in paper or electronic form. If the rental agreement so provides, a landlord may charge a tenant... Read more »
My father was my grandfather's executor and my aunt and uncle were the administrators. My father passed away and I became his executor of estate and I am his only heir. Does his role as executor for his father's estate come to me? Or does it cancel him out and only the two administrators... Read more »
There is a whole lot of information you didn't provide - and you're in a complex situation. Before you make any (more) mistakes consult an experienced probate lawyer for an overview of all estates and advice on how to handle them.
The financial conservator sent me a letter saying that since i paid for the funeral then as reinbursment of the estate that i could take the trailer. I dont want the trailer. It would cost way more to have it moved off the lot then what i paid for the funeral. if i dont sign her form, then what... Read more »
Under the facts you don't have to take the trailer (mobile home). It sounds like the conservator is trying to conclude the conservatorship and no one has been appointed as administrator (or executor) of the estate, and there probably isn't enough money to justify doing that. The... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
