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Questions Answered by Richard Sternberg
1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: If an executor of an estate fails to perform his duties and all property sits unclaimed for years, can heirs claim it?

My ‘well to do’ great-great aunt died in 2005 with a will naming her nephew as executor, he and his wife as beneficiaries, and my father as an heir. This nephew died intestate in 2003. His wife died in 2005, five months after my g-g aunt. 2 months prior to wife’s death she appointed a friend... View More

Richard Sternberg
Richard Sternberg
answered on Oct 22, 2021

Your description is too imprecise to render an opinion, but it sounds like you need a probate attorney licensed in Virginia to re-open the estate of Wife. I don't understand from your description what Father's rights are. You call him an heir, but you tell me that the sole beneficiaries... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Workers' Compensation for Virginia on
Q: What happens when someone's in the process of getting a divorce by a online divorce site but passes before its processed

My fiancée passed away and he had filed for divorce but he was told he had to send $66 more and then the papers would be mailed out but he passed before he could pay the $66 can i do anything to stop his wife from getting his Medicare set aside assistance because he didn't want her to have... View More

Richard Sternberg
Richard Sternberg
answered on Oct 21, 2021

She is the widow, and you are not.

2 Answers | Asked in Estate Planning for Virginia on
Q: My sister (66) receives disability SSI and medicaid. She lives with my mother (88). When my mother passes is my sister

allowed to have home placed in her name without losing her benefits? They reside in Va. There is currently a reverse mortgage on the home,but my mother has a large life insurance policy to pay they lean off. My sister has lived with my mother her entire life and has no other assets. I live in Ky... View More

Richard Sternberg
Richard Sternberg
answered on Oct 3, 2021

The correct answer is a revocable trust created by your mother before your sister comes into possession or vests in any way. While the house may be an exemption, Ma. White hurst is correct that everything else and anything mishandled is a potential disaster. Your mother needs a trust and a will,... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Maryland Montgomery County, real estate question on sewer easement.

A neighbor’s sewer line run across our property. They had a clog and asked for permission to dig / fix via our front yard since that’s where the plumber says the clog is at. Being neighborly, we gave permission (plumbers dug a hole way larger than we expected) . And Now they want to install a... View More

Richard Sternberg
Richard Sternberg
answered on Sep 25, 2021

The investigation starts with a title search and survey to know with more certainty than "we are not aware" whether there are easements recorded. There are then some very limited rights that sometimes resolve by necessity, but the caselaw on that is very fact specific. You need to review... View More

1 Answer | Asked in Municipal Law and Probate for Maryland on
Q: What type of deed is used in Maryland to transfer property from the treasurer to an individual? Is it a special warrant
Richard Sternberg
Richard Sternberg
answered on Sep 20, 2021

There are three types of deeds in real property in Maryland: 1) General Warranty Deeds; 2) Special Warranty Deeds; and 3) Quitclaim Deeds. The first is rarely used in Maryland. It promises that the transferor's title was good from all claims before him. The second type merely warrants that the... View More

1 Answer | Asked in Estate Planning for Virginia on
Q: How do primary beneficiaries of an IRA work? What about secondary beneficiaries?

Wills and Estates

Richard Sternberg
Richard Sternberg
answered on Sep 13, 2021

I have seen the terms use incorrectly before, so it is useful to have context, but the usual meaning go a primary beneficiary is the person, persons, or entities that are first in line to receive the proceeds upon the death of the grantor. A secondary or contingent beneficiary takes only if the... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Real estate contract with home inspection contingency addendum, but "for information purposes only"

I have a real estate contract where a buyer submitted an offer to buy my rental property. There is a home inspection contingency addendum, but the offer was written as "for information purposes only". Upon performing the inspection, there are some minor repairs required, and the buyers... View More

Richard Sternberg
Richard Sternberg
answered on Sep 13, 2021

It depends on what the clause says, doesn’t it? If the clause gave all the possible rights to walk away but the words “for information only” were added, we might say the information was to inform the walking away. If the walking away was eliminated, perhaps the default clause is in effect and... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Lunsford v. King 132 Ga. App. 749 (1974) 209 S.E.2d 27 I do not understand the case, please help.

I am trying to brief this case, but I do not understand it. I feel like I am not reading English.

Richard Sternberg
Richard Sternberg
answered on Sep 6, 2021

So, you would like us to do your preparation for you? That will surely make you a valuable addition to someone's legal team some day ... if your professors or the bar don't catch up with you first.

Okay, I'm going to help, but not by giving you the answer. The case is short,...
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2 Answers | Asked in Probate and Real Estate Law for District of Columbia on
Q: My mother passed and she left a Will. My sister and I are beneficiaries. Do we need to file large estate probate to sell
Richard Sternberg
Richard Sternberg
answered on Sep 6, 2021

Query: My mother passed and she left a Will. My sister and I are beneficiaries. Do we need to file large estate probate to sell?

Yes. In the District of Columbia, title passes on death to the estate, so the easiest way to confer title is by opening a. ADM private estate. There is a cute...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: what does the case means?

I do not understand the case. I have read it plenty of times. Please explain

Richard Sternberg
Richard Sternberg
answered on Sep 5, 2021

Your question makes no sense: What case? In any event, this is what lawyers train to do. Retain one for a consult to review the case. An hour consult is not as daunting as a full retainer for litigation. Understand the decisions you are trying to make.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Will my earnest money deposit be refunded to me if I rescind an agreement of purchase for a new construction home?
Richard Sternberg
Richard Sternberg
answered on Sep 3, 2021

The answer is in the contract. You need to read it. If you need help reading it, you should have a lawyer help you read it. Not all contracts say the same thing, and, if you don't know what you signed when you signed it, you can guess that the terms favor the other side who did read it.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: If my lease renewal was not the same as my original lease, without any notice, what can I do.

My lease renewal did not have any option to include or disinclude parking, which was included on my original lease. I received an email that my parking is being revoked and I now have to park 10 minutes away from apartment complex. I never received any notice of any changes to my lease prior to or... View More

Richard Sternberg
Richard Sternberg
answered on Sep 2, 2021

It might be a good idea to review the lease and the local L&T law in the context of the statutes, but you are probably within your rights to give notice that you will not be renewing and, if you are month-to-month or under the notice period provided by the lease or local law, stay under the old... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can a church open a brewery to raise funds to purchase land?

Greetings. We are trying to start a church and at present do not have enough funds to purchase land/property on which to worship. Are we able to open and operate a brewery for the purpose of raising these funds (and later supporting ourselves, to help alleviate the burden of donating from... View More

Richard Sternberg
Richard Sternberg
answered on Aug 24, 2021

hehe, Let me see if I get this. You want to open a tax-exempt Church of the Boozin' Bro's so you and the assembled spiritual can brew beer the way God intended it: tax-free. And, even though the Whiskey Rebellion started off this great nation right here in good ol' Virginny,... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: My sister is trying to sell her houses in PR. She hasn't stay in the house for almost 10 years and the houses was empty.

What are the % that she has to paid in taxes? They are asking 12 to 15% that sound a little bit too much to me. Apparently they asking this much because the house was empty and she never rented out.

Richard Sternberg
Richard Sternberg
answered on Aug 23, 2021

You need to consult with a real estate lawyer in PR. They will know or be able to check the tax rates and the exceptions. Asking in another state is a waste of time.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Title company never told us about ROW's found during their search. Can we sue after we have closed on the property?

We purchased land in VA in Feb 2021. We chose a closing company and they did a title search. They told us that everything looked good and that we could close on the property. (to me that means that nothing was wrong with the property). After we started construction, one of the neighbors informed... View More

Richard Sternberg
Richard Sternberg
answered on Aug 19, 2021

First, if you closed with a title company instead of a lawyer representing you, you may lack privity with the title agent. The agent represents the insurance company not you, and I’m unaware of a concept of malpractice for agents. The agent has duties to all sides to complete the transaction... View More

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: If the rightful heirs to my deceased girlfriend's estate (intestate) agree

to gift me their interest in my girlfriend's real property, what needs to be done to accomplish the transfer of ownership? Does the estate need to deed the property to the heirs, then the heirs execute a gift deed to me? Could this be done using a single deed?

Richard Sternberg
Richard Sternberg
answered on Aug 11, 2021

The answer depends on the jurisdiction. Your question appears to be posted from Pennsylvania but asserts that it is about Maryland property. What may really matter is where your girlfriend was domiciled when she passed. The difference will be the taxes, and the difference will be significant. Since... View More

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2 Answers | Asked in Probate for Maryland on
Q: Real Property going through Probate Subject to Tax Sale.

I am about to open an estate for my mother and found out her property was sold at a tax sale a week after her death. Am I still able to sell the home once I am appointed PR or will I have to redeem the property by paying off lien first?

Richard Sternberg
Richard Sternberg
answered on Aug 11, 2021

The answer will depend on the jurisdiction and the terms of sale. Usually, a sale must be approved by the court before it is beyond redemption. In some jurisdictions, all that was sold was a tax certificate that entitles the buyer to a high interest rate. In any event, the death before the sale may... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: What are the rights of a Home seller and their possessions still in the house after closing?

80% of my parents belongings are still in their house they just sold to their granddaughter. They don't have free access to it and were told to be out by the end of Aug. My parents are in their 70's. My dad is a Vet and receives disablity, has cancer and has 2 bad knees and back. My mom... View More

Richard Sternberg
Richard Sternberg
answered on Aug 9, 2021

This doesn't make much sense. They sold their home to their granddaughter and they are in it until the end of August but they don't have access to it. They are paying rent but there is no lease mentioned and they are living with you. I think you need a consultation to review the facts... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: can a reverse mortgage be sold/bought as a short sale to a family member/heirs ? house in estate of PA

reverse mortgage amount is higher than value of the house. house was appraised 110. Gift of equity 20.loan 90 with 20% down for my grandson. The mortgage company says that i still have to pay like 7000 closing costs.what about if I do a short sale to reverse mortgage and simultaneal sale to my... View More

Richard Sternberg
Richard Sternberg
answered on Aug 7, 2021

Short sales require the approval of the lender, which is obtained by convincing them it’s the best way to get the most money. Why would they agree to this deal? Why not take the house by foreclosure to cover their loan?

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1 Answer | Asked in Consumer Law, Small Claims and Real Estate Law for Maryland on
Q: What type of lawyer specializes in home warranty cases? My builder is refusing to cover items in the 1-year warranty.
Richard Sternberg
Richard Sternberg
answered on Aug 3, 2021

That’s just a litigator who practices in the county where the builder will be sued.

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