Questions Answered by John Andrew Maghamez

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

2 Answers | Asked in Probate for Virginia on
Answered on Jan 23, 2018
John Andrew Maghamez's answer
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 and I would recommend speaking with an attorney.

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

2 Answers | Asked in Probate for Virginia on
Answered on Oct 31, 2017
John Andrew Maghamez's answer
You would probate it in maryland, the state of her primary residence aka domicile.

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

1 Answer | Asked in Estate Planning and Probate for Virginia on
Answered on Sep 21, 2017
John Andrew Maghamez's answer
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 determine if you stand to inherit anything from his estate.

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

1 Answer | Asked in Estate Planning for Virginia on
Answered on Sep 17, 2017
John Andrew Maghamez's answer
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.

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

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Sep 3, 2017
John Andrew Maghamez's answer
He likely just needs a writ of possession because it sounds like you hadn't paid enough rent the first time.

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)

1 Answer | Asked in Estate Planning for Virginia on
Answered on Sep 2, 2017
John Andrew Maghamez's answer
You should never try to draft such an important document by yourself. Please speak with an attorney. One word can mess everything up

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

2 Answers | Asked in Landlord - Tenant for Virginia on
Answered on Sep 1, 2017
John Andrew Maghamez's answer
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

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?

2 Answers | Asked in Civil Litigation, Estate Planning and Family Law for Virginia on
Answered on Aug 31, 2017
John Andrew Maghamez's answer
It depends on how everything was held. You will need to consult with an attorney before I can answer those questions.

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

2 Answers | Asked in Landlord - Tenant for Virginia on
Answered on Aug 30, 2017
John Andrew Maghamez's answer
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.

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

1 Answer | Asked in Consumer Law and Collections for Virginia on
Answered on Aug 30, 2017
John Andrew Maghamez's answer
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.

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

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Aug 29, 2017
John Andrew Maghamez's answer
It depends on how the property is held and what their wills say as well. Please contact an attorney.

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

1 Answer | Asked in Business Law, Contracts and Consumer Law for Virginia on
Answered on Aug 21, 2017
John Andrew Maghamez's answer
Yes they can. An LLC must be considered active with the SCC to be able to conduct transactions.

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?

1 Answer | Asked in Probate for Virginia on
Answered on Aug 16, 2017
John Andrew Maghamez's answer
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.

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

1 Answer | Asked in Contracts for Virginia on
Answered on Aug 14, 2017
John Andrew Maghamez's answer
Please hire an attorney. No way he should ever keep that money if those are all the facts

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

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Aug 14, 2017
John Andrew Maghamez's answer
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.

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

1 Answer | Asked in Contracts and Estate Planning for South Carolina on
Answered on Aug 13, 2017
John Andrew Maghamez's answer
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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