My great, great, great, great, great grandfather owned a significant amount of land in Virginia in the late 1,700's. In his will, he states, "my will is and I desire that my estate be neither appraised nor sold." He then goes on and says "I give and bequeath unto my son..his... Read more »
answered on Mar 12, 2023
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... Read more »
Landlord said that i need to provide 60 days' notice or else the lease will automatically renew on a month-month basis. Now I am stuck paying double rent. when I gave the notice i added my vacate date as 04/01 but they never responded on that and when i asked about my dates they said its 04/20
answered on Mar 8, 2023
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... Read more »
The landlord started renovating the apartment instead of looking for a new tenant.
answered on Jan 29, 2023
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... Read more »
Also power of attorney. Does his wife now get half? Or I'm I the sole heir
answered on Dec 9, 2022
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... Read more »
My mothers estate? But mind you he couldn't represent me in criminal court because of conflict of interest cause my sister works for him. Should be the same with the estate?? I asked my sister for a copy of estate paper work and I'm getting no response? I need to know what my rights are... Read more »
answered on Nov 12, 2022
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... Read more »
Lease expired in May now it is month to month but no new lease since May the problem occurred because rent is owed for September and for October. The 5 day notice says that after 5 days he can take possession of house and anything in it.
answered on Oct 7, 2022
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... Read more »
I have 2 siblings, both of which had separate judgements paid off by the estate when we sold the family farm. The siblings along with myself were listed as co-owners of the estate when my dad passed, so the judgements had to be paid before any funds from the sale were released. I shouldn't... Read more »
answered on Sep 8, 2022
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,... Read more »
My sister and her husband are owners of a home. Both have died and their son took over the house but never put it through probate. He is now dying and doesn’t have a will. He has diminished mental capacity at this time. Since the house is still in my dead sister and brother-in-law’s names,... Read more »
answered on Sep 1, 2022
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... Read more »
Submitted a physical lease prior to the expiration of my previous lease and was later informed that the property manager "did not accept paper leases" so I was charged several hundred more for the next month's rent because I had been transferred to a month-to-month... Read more »
answered on Jul 15, 2022
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... Read more »
Estate has been opened since 2019, majority of breaches happened that year but va has two year statue of limitations. Not sure if I have a chance in court, or do I just have to take a loss?
answered on May 10, 2022
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/.
Dad died in 12/2020 and her mom died early 2022. To my knowledge neither had a will. They live in Virginia.
answered on May 8, 2022
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'... Read more »
Is it possible to just have spouse added to va loan once married or are the only options: refinancing and adding them, doing a gift deed or quite deed? Mostly curious about having then added to the deed and not necessarily on the mortgage
answered on Apr 26, 2022
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... Read more »
My partner and I have moved back to the Charlottesville area to provider assist with his grandmothers care. It is the hope of my partner and his family that his grandmother can qualify for Medicaid, once she has Medicaid, she can be moved into an assisted living facility paid for by Medicaid. The... Read more »
answered on Apr 4, 2022
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... Read more »
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... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.
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