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Questions Answered by John Andrew Maghamez

2 Answers | Asked in Probate for Virginia on

Q: Can't find my fathers original will (have copy). Must be named administrator instead of executor. What's the differnece?

My father passed away December 2017 with a will. It names my brother and I (only living relatives) as co-executors and heir to his estate. We cannot find the original and the courts will not probate the will without it. We can file intestate but that makes us administrators, not executors. What is... Read more »

John Andrew Maghamez answered on Jan 23, 2018

As administrators several things are different. 1) you will have to post a bond with the court which isn't cheap. 2) you will not have the ability to sell the real estate until probate is completely closed out barring a request of permission with the court. However, there may be a way around that... Read more »

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2 Answers | Asked in Probate for Virginia on

Q: My grandmother a resident of Maryland passed away with me in Virginia where do we start probate and register her will

Her banking account her land and home are all in the state of Maryland.

John Andrew Maghamez answered on Oct 31, 2017

You would probate it in maryland, the state of her primary residence aka domicile.

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1 Answer | Asked in Estate Planning and Probate for Virginia on

Q: Grandmother left my dad 2/3 and me 1/3. My dad died intestate in Virginia before the estate was settled. What now?

My grandmother in Florida left my dad 2/3 and me 1/3 of her estate. My father died intestate in Virginia before my grandmothers estate was settled. Does his estate still receive the 2/3 or will that be split 1/3 to his second wife and 2/3 to me his daughter.

John Andrew Maghamez answered on Sep 21, 2017

You should contact a probate attorney to help you with this. I'd be happy to help. His estate will most likely receive the 2/3 depending on how far apart he died from your grandmother. Depending on if your dad was married, how many kids he had, and whether it was a first or second marriage will... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: I have a property held as an LLC. The tenant has failed to pay their first months rent now -have give 5 day notice

Do I need to hire a lawyer to file an Unlawful Detainer

John Andrew Maghamez answered on Sep 21, 2017

no but i would recommend it.

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1 Answer | Asked in Estate Planning for Virginia on

Q: My aunt's husband passed away in another state. His family has taken the truck and house. There is no will.

I went to retrieve the truck and the grandmother would not let me take it. The grandmother also changed the locks to the house. They do not have any rights to the property. What course of action should I take. We lived in Virginia, the house was in South Carolina, and he was prepping the house to... Read more »

John Andrew Maghamez answered on Sep 17, 2017

I can't really answer without knowing that states laws but when someone dies without a will they are said to have died intestate. At that point state law dictates in Virginia that everything they have goes to their spouse if it is the same person who they had all their kids with.

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Is my landlord required to go back to court to evict me if an Unlawful Detainer was granted last month?

I live in Hampton, Va. In July I was late for rent and it was paid before the end of August. Yet on August 16th my landlord went to court and was granted an Unlawful Detainer but no law enforcer was contacted for eviction. August rent was paid late again but my landlord did not enter a request for... Read more »

John Andrew Maghamez answered on Sep 3, 2017

He likely just needs a writ of possession because it sounds like you hadn't paid enough rent the first time.

1 Answer | Asked in Estate Planning for Virginia on

Q: What Virginia code do I reference to place my home in a trust I already have, It use to be Section 58.1- 811 (A) (12)

John Andrew Maghamez answered on Sep 2, 2017

You should never try to draft such an important document by yourself. Please speak with an attorney. One word can mess everything up

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Can my leasing manager charge a pet fee and rent after I've signed my lease even though my pet was listed on the app

I listed my dog on my application with his breed and weight. He was even there for the walk through and apartment tour. I got a soft copy of my lease via email and there was no mention of pet deposit or rent listed. A month later, I sign my lease in the leasing office, pay the prorated rent and... Read more »

John Andrew Maghamez answered on Sep 1, 2017

If it is in fact nowhere on the lease and they never told you of it they cannot charge you for it. You may want to have a lawyer write a quick letter on legal letterhead to scare them if they don't back down

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2 Answers | Asked in Civil Litigation, Estate Planning and Family Law for Virginia on

Q: If my lawyer is in charge of my fathers estate that I paid can I take my stepmom to court for thing she sold before?

My stepmom took all my fathers thing house boats cars small boats there is an anunity account my daddy received for the wrongful death of my grandparents she I want that tonot sure my rights she won't provide all tiles or proof of sale of items

John Andrew Maghamez answered on Aug 31, 2017

It depends on how everything was held. You will need to consult with an attorney before I can answer those questions.

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2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Is it legal for a landlord tot keep all your belongings and kick you out even without an eviction notice.

My landlord is telling us to get out and leave all our belongings (furniture and truck) there until he gets all his money and he has not even given an eviction notice to us.

John Andrew Maghamez answered on Aug 30, 2017

Most likely no, but it may depend on what the lease says and whether he is subject to the Virginia Landlord Tenant Act. Contact an attorney.

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1 Answer | Asked in Consumer Law and Collections for Virginia on

Q: My wife, recently passed away leaving old debt from medical bills. She had been making small payments monthly for yrs.

The debts are related to the period prior to her 65th birthday, when she became covered by Medicare The amounts collectively total in excess of $20K. My question is: As her widower am I responsible for the debt? I'm a disabled veteran age 73, at death my wife was 71. I couldn't possibly afford to... Read more »

John Andrew Maghamez answered on Aug 30, 2017

If your name is not on those debts you are not responsible for them. However, any money she left behind solely for you would be required to pay off those debts.

1 Answer | Asked in Real Estate Law for Virginia on

Q: My father and mother and uncle bought some Leah my father died six months later my uncle died who inherit the land,

John Andrew Maghamez answered on Aug 29, 2017

It depends on how the property is held and what their wills say as well. Please contact an attorney.

2 Answers | Asked in Real Estate Law for Virginia on

Q: Mother's trust titled house to me which was never done (in Quit Claim). Father took huge HELOC out on house.

When father dies, and HELOC not paid off, do I have responsibility for paying off his HELOC?

John Andrew Maghamez answered on Aug 25, 2017

Speak to an attorney

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2 Answers | Asked in Probate for Virginia on

Q: father & Step mother both passed away but my half sister is only probating her mother's estate. Is this legal?

Dad died November 26, 2016, Step-Mother died February 9, 2017. Half sister claimed she could find no wills for either of them, then found unsigned will from her mother and now says she has a "found " a signed will. Would me (living in Virginia) filing probate for my dad stop the probate proceedings... Read more »

John Andrew Maghamez answered on Aug 25, 2017

You need to speak to an attorney

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1 Answer | Asked in Estate Planning for Virginia on

Q: What are my rights to receive an amount reserved in an estate before death?

Instead of after death as planned.

John Andrew Maghamez answered on Aug 21, 2017

None.

1 Answer | Asked in Business Law, Contracts and Consumer Law for Virginia on

Q: Can a contract signed by a canceled LLC be set aside as an invalid transaction?

Sales contract asserted to be fraudulent on several levels was signed by an LLC that that had been canceled under Va. Law five months earlier. Can a plaintiff assert that the contract as written was invalid due to the status of the LLC and as such void the contract or hold parts invalid

John Andrew Maghamez answered on Aug 21, 2017

Yes they can. An LLC must be considered active with the SCC to be able to conduct transactions.

1 Answer | Asked in Probate for Virginia on

Q: Mom left house to 3 siblings.Probated deed to Estate of Mom.Taxes are still owed.1 lives in house. who respn for what?

Can 2 sign over house to #3 when taxes are paid? are all 3 responsible for mishaps, law suits concerning house or just 1 living in house?

John Andrew Maghamez answered on Aug 16, 2017

As of now, all three heirs are responsible for the house since it is in your name I assume after probate. You can sign over the house but I would at least have him buy it from you. Totally your call.

1 Answer | Asked in Contracts for Virginia on

Q: What legally qualifies as an event beyond my control?

I have a contract with a DJ and he is advising he can not attend the event, because his wife booked a trip to the Bahamas he didn't know about for the same day, and gets to keep the deposit because it was an event beyond his control.

John Andrew Maghamez answered on Aug 14, 2017

Please hire an attorney. No way he should ever keep that money if those are all the facts

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on

Q: How many days late is standard to send a pay or quit letter?

Tenant notified us they would be paying their rent late on the 12th. Today is the 14th and we have not received payment. They are not responding to calls or emails. At what point should we move to have them pay or quit?

John Andrew Maghamez answered on Aug 14, 2017

Whenever they are late on their payments you can send a pay or quit and then they have 5 days to pay from that point forward. After that you should file an unlawful detainer action to have them evicted and to recoup damages.

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1 Answer | Asked in Contracts and Estate Planning for South Carolina on

Q: If I now reside in VA and I need to provide a certified true copy of revocation of POA that was filed in South Carolina

I need to know who can certify a true copy and mail to South Carolina to be filed

John Andrew Maghamez answered on Aug 13, 2017

It depends. You need to speak to an estate planning attorney like myself about this it could be a simple fix but it also could require a bit more

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