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Questions Answered by Ross Cameron Hart
2 Answers | Asked in Probate and Real Estate Law for Virginia on
Q: How can we settle property inheritance issues in Virginia with deceased family and unresponsive heirs?

In 194?, my aunt purchased a property and specified in her will that it should be distributed to her siblings. My uncle, who also owned property, died before her and left his estate to the aunt who purchased the land. The remaining siblings signed off the property to one sister. My uncle's... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Jun 16, 2025

From your question I infer you have uncle's original will. What you need isn't a 'do it yourself' thing: you'll need a lawyer to file an action to 'Remove Cloud on Title', also known as 'Quiet title' action. You need a very experienced probate and... View More

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Q: Can I pursue action against a landlord for tenant's dangerous dogs?

I've experienced significant issues with dangerous dogs belonging to tenants of my landlord. Despite complaining, the landlord hasn't taken action beyond stating that the tenants aren't supposed to have dogs. The dogs have come onto my property, attacking my pets and nearly killing... View More

Ross Cameron Hart
Ross Cameron Hart
answered on May 13, 2025

Without knowing more, I doubt that any action against the landlord would be successful.

I'm assuming the property is in Virginia and subject to the Virginia landlord tenant act. That act requires that the landlord give the tenant notice to remove the dogs - and then the tenant...
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2 Answers | Asked in Real Estate Law and Consumer Law for Virginia on
Q: Can a real estate company sell a home "as-is" without disclosing known septic problems in Virginia?

I bought a home "as-is" about 5 months ago. Before purchasing, I asked the real estate company if there were any septic system problems, and they claimed there were none. However, I've learned from a neighbor that the real estate company was informed of septic issues before the sale.... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 26, 2025

The law on this is complex and not helpful to you.

First, Real estate agents (the 'company' in your question) only know what the actual seller/former owner tell them. Unfortunately, sellers either don't tell or lie to their agents about the property. If the seller,...
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2 Answers | Asked in Probate and Family Law for Virginia on
Q: Are my late husband's children entitled to proceeds from his inherited house sale?

My husband recently passed away, and he inherited a third of his aunt's house, which was sold after his passing. He has two sons from a previous marriage. Now, his ex-wife has hired a lawyer in Virginia. My husband did not leave a will, and there are no outstanding debts in his estate. Are his... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 14, 2025

I'm sorry for your loss.

The answer isn't a simple 'yes' or 'no'. Without further information you may be entitled to 1/3 of his share and his children the other 2/3, however a critical issue is timing - distribution if his aunt died before your husband is one...
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2 Answers | Asked in Real Estate Law, Estate Planning and Public Benefits for Virginia on
Q: Remove my name from house deed with mortgage in VA

I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 7, 2025

Mr. Sternberg is correct - you need to consult an Elder Law attorney before you do something foolish. To find one, you can go to the Virginia Academy of Elder Law Attorneys (VAELA) website - www.vaela.org - and find several near you. The system indicates that you're in Northern Virginia -... View More

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3 Answers | Asked in Landlord - Tenant, Real Estate Law, Tax Law and Estate Planning for Virginia on
Q: If I want to buy a property in Virginia to rent out, do I need a Virginia LLC or am I ok with a Wyoming or Delaware LLC?
Ross Cameron Hart
Ross Cameron Hart
answered on Feb 11, 2025

Mr. Sternberg is correct - you have three choices: 1) own it in your own name; 2) own it in your Wyoming LLC AND register that LLC in Virginia (for about the same cost as forming one) or 3) form a Virginia LLC and own it with that.

Some gratuitous advice: many years ago a real estate...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What should i do in this situation.

We have rented the house we live in since 2014. Every thing went well no issues fast forward to 2020 and a guy came to our house stating he had owned the house since 2018. He got it at auction because the previous owner had failed to pay property taxes from 2016 on. To make a long story short they... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Oct 26, 2024

First, I congratulate you for saving the money until the mess was straightened out. I've seen too many instances that wasn't done. The only change to that is I'd have suggested you open a special savings account and put your rent into it each month - if you ever had to prove your... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: What is the law regarding adverse possession of property bordering our property?

An old fence was erected when our house was built in 1990. There are old fruit trees planted on our side of the fence. The fence is about 30 feet from our actual property line. The area on our side of the fence has been maintained by our prior property owners before we purchased the property and... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Sep 15, 2024

While your facts appear to support your claim of adverse possession, and there is a reasonable likelihood of success, it's not easy or clearcut. Simply, you need to get a lawyer on board - if only for advice - and see what else you need to do to cement your claim.

Adverse possession...
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2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 28, 2024

Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.

This forum is designed to give you a quick...
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2 Answers | Asked in Real Estate Law for Virginia on
Q: What is the Virginia statute of limitations involving a third party promissory note with a deed of trust?

Last payment made Dec 2014. Have not heard from note holder until Feb 2024 threatening foreclosure, interest, and legal fees.

Ross Cameron Hart
Ross Cameron Hart
answered on Feb 15, 2024

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...
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3 Answers | Asked in Probate for Virginia on
Q: Can the estate be responsible for the medical bills of the decedent ?

As the husband of the decedent, I am the only person in the estate.

Ross Cameron Hart
Ross Cameron Hart
answered on Feb 6, 2024

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

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3 Answers | Asked in Real Estate Law for Virginia on
Q: How costly and complex is correcting an erroneous deed in Virginia?

I own a 1.8-acre parcel adjacent to an 8.2-acre parcel, which had an erroneous deed of sale filed by its previous owner. The original deed granted access to a cabin for two people, including myself, to the 8.2-acre parcel. However, a subsequent deed incorrectly changed this access to only the 1.8... View More

Ross Cameron Hart
Ross Cameron Hart
answered on May 8, 2025

Mr. Sternberg is correct - without more information there's no way to quote a flat fee. I would want to see comprehensive title examinations for all involved parcels to evaluate how much of a problem actually exists. I would also look at your plans for the property with the title examination... View More

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2 Answers | Asked in Civil Litigation, Collections and Real Estate Law for Virginia on
Q: Can my wife's pre-marriage assets be seized for my business loan judgment in VA?

I have a judgment against me due to a personal guarantee on a business loan. My business closed in 2020. I never received notice of the court case, and didn't attend it. Recently, the sheriff appeared at the house I live in, stating he will seize items for auction. I am married, and my wife... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 19, 2025

Your problem is very complex - much too complicated for an internet answer board which is designed to give you a quick response or help you to the 'next step'. Your issue is way beyond that. Find and consult a lawyer experienced in this area of the law to get more information about your... View More

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2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: Virginia Estate distribution to heirs:there were 3 siblings, no other family, spouse or children. That is a 33.3% split

1 sibling passed away leaving 3 children. Is the estate then split (2 siblings = 66%) and (3 children sharing the remaining 33%)? There is no will.

Ross Cameron Hart
Ross Cameron Hart
answered on Dec 4, 2024

Your question is not clear; I see two possibilities.

1) Parent (P) dies without a will, no spouse surviving. P had three children (A, B & C) ; one of the three children (C) died leaving three children of their own (M, N & O). A & B each get 1/3 of the estate; M, N & O get...
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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Last year my landlord raised my rent without giving proper notice per my lease. Can I sue to recover these funds?
Ross Cameron Hart
Ross Cameron Hart
answered on Apr 1, 2024

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.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord sent me a copy of a water bill. But there was no address, account number ect. It's got be a fake, what can I

Do and what are my legal options? Why pay something that could be someone else's water bill? How can I prove its a fake bill?

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 2, 2024

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.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Did the recent updates to the VA Landlord and Tenant Act increase time limits for security deposit returns?

It has been 48 days since the end of my lease and I have not received my security deposit back, an itemized list of deductions, or any communication regarding withholding my deposit. My lease specifically stated that the deposit would be returned within 45 days. I reached out to my landlord to ask... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Aug 17, 2023

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...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I sue my apartment for not fixing AC for over a year. Causing financial and emotional harm.

Moving in on September of 2022 my wife and I had our first child. And we noticed the AC in our unit did not work as well as we wanted. By end of day our unit would be 80+ degrees which with a newborn was impossible to sleep at night. Maintenance would continue to state over the last year that it... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Jul 23, 2023

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

2 Answers | Asked in Real Estate Law and Estate Planning for Virginia on
Q: 2nd great grandfather leaves 85 acres to 14 children and all descendants, 1 still alive. Every descendant entitled?

a family trust was established and every document mentioned every child by name and says and their descendants have a shared right to use of the land. 2nd great grandfather died in 1930 and up until 1986 all documents list all siblings, some of their children(my deceased grandmother was named) and... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Jun 7, 2023

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

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Would I have claim to land previously owned by my family based on wording in original owner's will?

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... View More

Ross Cameron Hart
Ross Cameron Hart
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...
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