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Questions Answered by Richard Sternberg
1 Answer | Asked in Probate for Virginia on
Q: How do you prove undue influence in West Virginia? The testator was very old and frail and had been diagnosed with

Dementia. Her stepdaughter and stepdaughter’s husband secured an online will and filled it out for her, then had her sign it. They also secured two witnesses who both testified to only seeing her once a year. The will was not signed in the presence of the testator. Two different locations are... View More

Richard Sternberg
Richard Sternberg
answered on Jun 19, 2024

Sounds like you need to consult with a West Virginia lawyer.

1 Answer | Asked in Real Estate Law for District of Columbia on
Q: I need an advise about a closing of a house
Richard Sternberg
Richard Sternberg
answered on Jun 11, 2024

I’ve written this same answer several times on Quora, and I don’t have enough time to rewrite it, so, I’m offering a re-publication from September 2, 2018:

“Lawyers are supposed to aid in the administration of justice, so here are a few ideas:

1. Ask a lawyer you know and...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: Can I break a commercial lease because management company did not disclose a critical information that affect my company

The land lord threaten to sue because our product branding can be seen through our windows, and that violates their advertizing rules.

Richard Sternberg
Richard Sternberg
answered on Jan 30, 2024

You need to start with a lease review. That should include all correspondence about the property, sales materials, and anything else that is relevant. There is no reliable answer without that.

2 Answers | Asked in Family Law and Probate for Virginia on
Q: My father died over two years ago. My brother is the executor. He is not communicating with me anymore.

I have contacted the circuit court and they are saying my brother is failing to provide information. I think my brother is hiding something. Should I hire my own attorney?

Richard Sternberg
Richard Sternberg
answered on Jan 23, 2024

The short answer is, yes, you need a lawyer. There are things your brother may be manipulating, and you need to see the accountings and inventory.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Does the 30 day notice have to be an official notice from court or can I write it up and get it notarized?
Richard Sternberg
Richard Sternberg
answered on Jan 5, 2024

Thirty-day notice of WHAT?

You need a lawyer, Sir.

2 Answers | Asked in Civil Rights, Family Law, Civil Litigation and Libel & Slander for Virginia on
Q: Is this grounds for a civil lawsuit for my mother?

My father (ex husband) and his new wife keep sending my mother harassing messages to bring down her self esteem saying she is being monitored and they will cut off her alimony as well as going as far as my mothers church Facebook group to write negative things about my mother. Is this grounds for... View More

Richard Sternberg
Richard Sternberg
answered on Dec 21, 2023

There are quite sufficient grounds for you to stay out of your mother and father’s marital relationship. You only think you understand what’s going on, and you are being manipulated. Stay out of it and let them work it out. Your mother knows how to find a lawyer. You need to find both of your... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Are condominiums with businesses on the lower floor commercial real estate or residential real estate in Virginia?

All of the building except the ground floor are single family own condominiums.

Richard Sternberg
Richard Sternberg
answered on Dec 12, 2023

Condos are, by definition, separate property from the building they are in. Some are commercial, while others are residential.

2 Answers | Asked in Real Estate Law for Maryland on
Q: I have 2 properties on my road no one else in the neighborhood has my road as there address my neighbor keeps using it c

Can I claim the road as my own?

Richard Sternberg
Richard Sternberg
answered on Nov 10, 2023

A legally binding answer requires review of the title and survey as well as an investigation as to the history. Generally, however, property in America doesn't become yours because you are the only one who uses it.

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: What is the best way to make an occupant leave your home permanently? Can it be done in 30 days?
Richard Sternberg
Richard Sternberg
answered on Nov 1, 2023

You are missing a few facts, and, without the facts, any answer can't get any better than raging, bleeding malpractice. Further, revealing the facts in an open, Internet forum can be a raging disaster, potentially rising to the point that anything you tell the lawyer related to the facts you... View More

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2 Answers | Asked in Family Law for Virginia on
Q: Found out my marriage is Void Ab Initio.. how do I get a decree from local Judge that confirms this? Form required?

I've seen a form in some areas of Virginia but others not. Is it the same petition form as a divorce?

Richard Sternberg
Richard Sternberg
answered on Oct 20, 2023

I’ve had annulments before, and I’d suppose that’s what this is. It’s either contested or uncontested, but either way, it’s not a form. There may be forms that help you prepare it pro se, but it’s a Complaint. And, if you were defrauded, there may be damages. I’d suggest you start... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: What do you need to do to get a gift deed off of a home when the notary was family and now says she owns part of home?

The home was owned jointly and equally by my husband his father mother and sister. No one gave any art of it away. My husbands niece says years ago after his mother passed that the 3 remaining owners signed over part of the home to the 2 remaining sisters but the gift deed wasn't filed with... View More

Richard Sternberg
Richard Sternberg
answered on Sep 20, 2023

Your description is complex, and the details are critical. The matter is also likely to be time-critical. Any opinion rendered without reviewing the documents and the facts, and likely after some light research on race (not ethnic, but means of filing) recording and duties of notaries in your... View More

1 Answer | Asked in Real Estate Law for District of Columbia on
Q: I've accepted an offer with an fha 203k loan approved six days later the buyers requested another loan and was denied

can i hold them to the contract for the original amount approved theyre asking to be released

Richard Sternberg
Richard Sternberg
answered on Sep 14, 2023

The answer depends on what the contract says. You need to get a lawyer to review it, particularly if you don't trust your realtor or don't have one.

1 Answer | Asked in Real Estate Law for District of Columbia on
Q: My daughter is married and I own 1/2 of my parents house. If I will my 1/2 to my daughter and she passes before her

husband does, will he inherit my 1/2 of my parents house?

Richard Sternberg
Richard Sternberg
answered on Sep 3, 2023

It is impossible to give a competent answer without a better description of how you hold title. If you want a real answer, get a "current title" search and then amend your question to include the current title owner line. If I had that, I could at least hope to give you a vague, ambiguous... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: I planned to sell my home, moved out and started renting a place, my son and his family never moved out of my house.

What can I do to get them out?

Richard Sternberg
Richard Sternberg
answered on Aug 26, 2023

The answer depends on the facts, and you haven't -- and shouldn't -- reveal them in an open Internet forum. I see you are posting from Salem, Virginia, and that is nowhere near my offices. Find a lawyer who does landlord & tenant law and real estate law in Salem Circuit Court.... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can I sue my HOA for never cutting grass on time from the company they hire to do it?

I have had to lodge complaints at least four times regarding the failure to cut the grass in accordance with the HOA Agreement. On occasions where management has reportedly contacted the landscaping company, the grass was cut, but the problem persists with each subsequent service. As of today,... View More

Richard Sternberg
Richard Sternberg
answered on Aug 26, 2023

In most jurisdictions, the law and the courts treat HOAs as local democracies. If they violate their "constitutions," i.e., the Declarations and, to some extent, other adopted "laws," you might get a court not to grant a motion to dismiss. For the most part, your remedy is to... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can a buyer add that a boathouse roof needs replaced after a home inspection? When it’s not part of the inspection

And it was not on contract to have dock or pier inspected

Richard Sternberg
Richard Sternberg
answered on Aug 20, 2023

It depends on what the contract says, but the option to terminate the contract expires at the time stated in the contract. You should read the contract carefully or get counsel to review it immediately.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: If land is considered farm land and a portion is wanted to place a home on does the land need to be surveyed?

How does the land go from being taxed as farm land to residential taxes?

Richard Sternberg
Richard Sternberg
answered on Aug 15, 2023

Land use is an area of law that is extremely local. Check with your local county government about the rules and regulations where you live or consult land use counsel.

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1 Answer | Asked in Landlord - Tenant and Family Law for Virginia on
Q: Can I evict a person who refuses to pay rent to my elderly mother?

My mother moved away due to failing health. The tenant lives behind her home in a trailer. He has no electricity or water as well in the trailer. Can we condemn the trailer.

Richard Sternberg
Richard Sternberg
answered on Aug 14, 2023

The answer will depend on local as well as state landlord and tenant law. Virginia is relatively good for landlords compared to my other jurisdictions, but you need to get a local lawyer that covers landlord-tenant and/or real estate.

2 Answers | Asked in Probate for Virginia on
Q: What is the easiest way to file a petition city of Chesapeake asking a judge to appoint an executor for my mothers estat

Va is a majority rules state and 5/7 siblings have agreed that the property needs to be sold we are not allowed in it by opposing siblings and she prior to mother’s death isolated her until we took legal action

Richard Sternberg
Richard Sternberg
answered on Aug 2, 2023

AFAIK, Virginia is not a "majority rules" state as to partition or sale in lieu of partition of land. Any owner of jointly held land can more for sale in lieu of partition if the property is inherently indivisible. I don't understand the rest of your question or description, so... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: My brother was a joint owner of a house, but passed away. The deed states, “rights to survivorship”

The “survivor” is telling me that because my brother had open judgements, I have to pay for them (satisfy the liens) before he “the survivor” can sell the house. How is this true? The asset (jointly owned house) was not part of any probate.

Richard Sternberg
Richard Sternberg
answered on Aug 1, 2023

The answer depends on whether the liens are recorded on the property or, under state law, are implicitly liened against title, so the correct answer is to get a lawyer, do a title search, and resolve title. But, as a general matter, if, under state law, the lien was recorded against the property,... View More

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