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Questions Answered by John Andrew Maghamez
1 Answer | Asked in Estate Planning for Virginia on
Q: My Mother recently died. My sister is executor of the estate. She is refusing to let the heirs even see the will.

She moved here a few months ago,to help care for Mom. She at some point ended up on Mom's bank accounts,etc. Then All of a sudden mom's broke. We all know my sister has abused her role as caregiver and now executor. Need to prove that she has stolen money,and also "gave away... Read more »

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 12, 2017

You need an estate attorney which is something I handle. Would love to talk to you more about it. If your sister did in fact abuse her power of attorney then she could be liable.

2 Answers | Asked in Estate Planning and Real Estate Law for Virginia on
Q: My house isn't paid off yet, and I want to know can I put the house in children name. How long is the process?
John Andrew Maghamez
John Andrew Maghamez
answered on Aug 11, 2017

Yes you absolutely can you just need an attorney to draft a deed of gift for you. If you are no longer an owner your kids would likely then have to handle the mortgage

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1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Virginia on
Q: Is it legal to modify or destroy property while it's under contract
John Andrew Maghamez
John Andrew Maghamez
answered on Aug 10, 2017

Most likely no. I would definitely advise against that

1 Answer | Asked in Business Law for Virginia on
Q: Can I provide independent services to a former client based on this agreement?

Hi,

I am currently working as a tutor for a business. If a client (who I tutored under the business) is no longer receiving services from the business and wants private services from me, will it be a violation of my agreement?

Part of contract:

"Nothing herein precludes... Read more »

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 9, 2017

This is definitely a situation to be wary about and I would definitely avoid handling this matter privately.

1 Answer | Asked in Collections, Small Claims and Landlord - Tenant for Virginia on
Q: How can I collect on a 1/5/10 judgment for past rent on someone who moved out of VA, but will be in VA on a known date?

Judgment is dated 1/5/10 on unlawful detainer (VA Code 8.01-26) for unpaid rent. Defendant left the premises, immediately moved to W VA and did not appear in court. I have learned that defendant will be back in Virginia for a specific event in Caroline County, VA at the State Fairgrounds this... Read more »

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 8, 2017

If you did not get a proper judgment against the defendant the first time you may be out of luck due to statute of limitations problems but speak to an attorney as they will need the whole story

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: My mom, myself and deceased husband's name are on our deed, but only husband's name is on mortgage. Now what?

He had no other personal property besides the house, which we do have a will and it is left to me. Since I am not on the mortgage and I do not believe I will qualify for a mortgage, I know I can stay in the house and keep the current mortgage. However, if we sell the house, would the proceeds go... Read more »

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 7, 2017

It depends on how title to the property is being held in the deed. You should contact an attorney.

1 Answer | Asked in Real Estate Law and Small Claims for Virginia on
Q: All parties signed a release,and emd was returned. Now the buyer want be reimbursed for apprisal, can they sue?

We could not complete sale due to financial constraints, that was not made available until closing statement was received. Buyer found another house, there was no misrepresentation according to our realtor, now after 2 months the buyer wants to be reimbursed for va appraisal and the home... Read more »

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 3, 2017

If they signed a release, depending on what the release says, you should be protected. It all will depend on what the release says.

1 Answer | Asked in Contracts and Business Law for Virginia on
Q: I registered my company with LEGALINC, Can I change the "Registered Agent/Registered Office" address into my office add?

I registered my company with LEGALINC online, and right now I have there info as my "Registered Agent/Registered Office" but I stopped the service with them. Can I change the "Registered Agent/Registered Office" address in the State Corporation Commission profile into my office address?

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 2, 2017

Yes you can. You have to file the appropriate docs with the Virginia SCC

1 Answer | Asked in Estate Planning for Virginia on
Q: I have a question concerning business affairs Power of Attorney and Executor of Will responsibilities.

My mother has named my sister as her Power of Attorney and Executor of her will. However they are currently feuding. If my mother replaces my sister as Executor, naming me or my brother in her place but leaving my sister as Power of Attorney. Does this mean that my sister would remain responsible... Read more »

John Andrew Maghamez
John Andrew Maghamez
answered on Aug 1, 2017

Yes, you answered your own question. The power of attorney is the most dangerous because they have unfettered access to all of her financials while she is alive. She may want to consider changing that as well.

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: what does acceptance of rent with "reservation" mean? Reservation??
John Andrew Maghamez
John Andrew Maghamez
answered on Aug 1, 2017

It means the landlord is attempting to say that they are not accepting the debt as a full satisfaction of a greater amount you must owe to them.

1 Answer | Asked in Real Estate Law and Identity Theft for Virginia on
Q: My brother died in 2015,no spouse,children,and me,2 brothers are his closest kin.

A friend of his appointed himself to be the administrator(small estate),but he has personal interests,doesn't keep us up on taxes,liens,even gets my brother's mail,lives in the mobile home my brother lived in.We want to sell all of the property,about 6 acres in this county,another 5 or... Read more »

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 31, 2017

This is definitely one where you will want to speak with an attorney. As an owner of the real estate, you have several alternatives.

2 Answers | Asked in Real Estate Law for Virginia on
Q: Is VA Seller liable to Buyer if their past debt delays closing date? Can Seller list home after signing closing docs?
John Andrew Maghamez
John Andrew Maghamez
answered on Jul 30, 2017

There are way more facts that are needed before we can answer that legally

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1 Answer | Asked in Business Law, Small Claims, Construction Law and Consumer Law for Virginia on
Q: I hire a company to do repairs to my house .the company started but never finished. Can I hire a lawyer to handle case?

I asked him to give me the materials that was purchase and I will get someone to finish the work. He keep saying he is going to finish it's been since March 2017.. I know he had a few family issuses but I need the work completed. We have a sign contract and he also been paid some money

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 30, 2017

Yes this would be an ideal case to hire an attorney on

3 Answers | Asked in Estate Planning and Real Estate Law for Virginia on
Q: I inherited my parents house and land upon their death in 2013 and 2014. I am trying to obtain a mortgage to do some

home improvements. The Title company is saying that the Probate was filed incorrectly and the property is not titled in my name per their search. However, my name is listed on the property at the county Commissioner of Revenue and I pay property taxes (2 years). What other documentation do I... Read more »

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 29, 2017

You need to hire an attorney to help you file the appropriate docs.

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2 Answers | Asked in Probate for Virginia on
Q: I'm preparing an inventory for my father's estate. Do I have to include the car's Title (I cannot find it)
John Andrew Maghamez
John Andrew Maghamez
answered on Jul 28, 2017

You don't need the title in the inventory itself but you will need it to transfer title to the appropriate beneficiary

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2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: Wife on deed but mortgage in deceased husband's name.

My husband passed away and although both of our names are on the deed, only my husbands name is on the mortgage. The bank stated that i could just keep paying the mortgage out of our joint checking account. What will happen if I try to sell? They also stated I could go to court and get a... Read more »

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 28, 2017

If you have a deed of trust signed by both of you then you will still be liable for the mortgage as well as your husband's estate. I would speak to an attorney about this.

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1 Answer | Asked in Probate for Virginia on
Q: My fathers estate was probated 6/16. What is my recourse if I suspect forgery/check fraud from an account that they were

not authorized on? Also are there penalties if the exectuors took action on the estate before they were sworn in?

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 26, 2017

You need to consult with an attorney. Depending on the facts could determine if you have a claim against the fiduciary of the estate.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My land lord here in VA has sent me a notice Section 55-248.31 stating that I need to pay $600 for my guest that's stay

The guest are a couple friends and family. They never stay ore than a weekend. My mother did visit from NY for a week.

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 26, 2017

I would consult with an attorney regarding this matter. It really depends on what the lease states. If there is nothing in the lease regarding that, it will be governed by virginia statute.

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2 Answers | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Do I need to do anything to legally protect my real estate or am I already legally protected?

My parents added a mother-in-law suite to our house 17 years ago so that they could have a place to stay when they visited us. They told us it was a gift to us. They live in Florida most of the year and visit for only short times during the year.

We live in Virginia. My husband has passed... Read more »

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 25, 2017

From the preliminary facts, it seems like you have the better case here and if their name is not on the deed they will have a hard time claiming the money. However, if they chose to sue, they could potentially ask for restitution but if you are able to prove it is a gift you will win. You need to... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: I put my rent in escrow with the court when the lease terms were not followed. Landlord filed an illegal detainer after

She has an attorney, I don't She refuses to fix/replace things the lease specifies. After 7 months she said she would but I had to pay the rent before she would, but I argued I should be compensated for all the time it has taken her to follow the terms of the lease. Do I have a chance of... Read more »

John Andrew Maghamez
John Andrew Maghamez
answered on Jul 22, 2017

You should definitely hire an attorney. There are a lot of moving parts here. Have you missed any rent payments while paying into the escrow? Have you kept good records?

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