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Questions Answered by Richard Sternberg
2 Answers | Asked in Real Estate Law and Estate Planning for Virginia on
Q: 2nd great grandfather leaves 85 acres to 14 children and all descendants, 1 still alive. Every descendant entitled?

a family trust was established and every document mentioned every child by name and says and their descendants have a shared right to use of the land. 2nd great grandfather died in 1930 and up until 1986 all documents list all siblings, some of their children(my deceased grandmother was named) and... View More

Richard Sternberg
Richard Sternberg
answered on Jun 7, 2023

The argument is most likely specious, but real estate title is decided by what the documents say, not what you say. Buy a consult with a lawyer licensed in the state where the property lies, get a title search, and get a reliable answer. You need to do this before you surrender your and your... View More

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2 Answers | Asked in Estate Planning for Virginia on
Q: My spouse and I own a home together. We both have adult kids from previous marriage. If one of us should die without

a will in place, does the step kids automatically get part of the home? Or will the home go to the surviving spouse? in Virginia

Richard Sternberg
Richard Sternberg
answered on Jun 2, 2023

You need a will or a trust or careful retitling of the house. If you own the house by tenants by entireties, then it will pass outside of probate to the survivor of the two of you, and it will go entirely to the survivor's children after the survivor passes. The other children will get... View More

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1 Answer | Asked in Consumer Law, Landlord - Tenant, Real Estate Law and Internet Law for Maryland on
Q: Can I take legal action against HABC.org (Housing Authority of Baltimore City) for False Advertisement?

I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program. I begin working with the program and due to their own continuous mistakes... View More

Richard Sternberg
Richard Sternberg
answered on Jun 1, 2023

You want to retain a lawyer to file a suit against what is either a government agency or a public-private partnership which might have a regulatory layer that requires some specialization, and the amount of your lawsuit will be for $3,000. Is that right? The non-refundable retainer from counsel in... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Traffic Tickets and Municipal Law for Maryland on
Q: I live in a private neighborhood and an individual who is not a resident stores his vehicles infront of my property 24/7

Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... View More

Richard Sternberg
Richard Sternberg
answered on May 29, 2023

You might need to hit the books better or retain someone who can. I recall reading something that limited parking on public roads to a time limit unless the road was adjacent to your home, but it might have been Montgomery County Code. The County and incorporated city codes are often unindexed and... View More

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2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: My mother passed away on 6/22 (no will) . I filed probate received real estate affidavit contacted mortgage co.

5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her

Richard Sternberg
Richard Sternberg
answered on May 26, 2023

I am having some difficulty deciphering your situation. If the $18,000 if the balance of the accelerated loan caused by the default, and the foreclosure was filed because the bank didn't recognize you as the title owner, it's a fairly small problem, and a lawyer can get it solved often... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I have a deed that shows restrictions of covenants from 1950s. Are these law binding today if nothing has been filed?

No cutting of shrubs, house has to be finished in a year. No commercial or business use are some items. We are a non hoa neighborhood but are a civic association

Richard Sternberg
Richard Sternberg
answered on May 20, 2023

I've had a couple of those cases, and it really depends on what the covenant says and, sometimes, how the caselaw interprets events like the abandonment of a civic association, There is no way to avoid a legal review other than to make whatever assumptions you like best and then pay more if... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: HelloHoa has a clause in place preventing legal action can I still file lawsuit on hoa or file just on hoa management
Richard Sternberg
Richard Sternberg
answered on May 20, 2023

While it might be useful to have a lawyer read the actual clause and review the entire HOA governing documents before concluding as to what they say, as a general matter, neither the HOA nor anyone else, can declare themselves immune from the law or been g challenged in their understanding or... View More

2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: My grandma had a trust but apparently signed her car title over to me like I had bought it. Does that mean it is mine?
Richard Sternberg
Richard Sternberg
answered on Apr 28, 2023

It may depend a bit on the state, but if she signed and delivered the car title to you, you are the title owner. The change of title should be filed an MVA/DMV, and you should make sure the insurance matches the title. You are responsible for the vehicle. On the other hand, if the signing of the... View More

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1 Answer | Asked in Real Estate Law and Civil Rights for Virginia on
Q: Neighbors won't stop trying to use their lawnmower/weedwacker on my property but next to their mail box. Can I stop them

All the mailboxes in my neighborhood are on one side of the street. My neighbors across the street, whose mailbox is on my property, use their mailbox to try to exert weird control over me/my property. They keep trying to mow or weedwack the front of my yard. They also use their mailbox as an... View More

Richard Sternberg
Richard Sternberg
answered on Apr 3, 2023

The answer starts with a title search. I'm willing to guess that the USPS of your neighbors have a recorded easement to the place where the mailbox os located, but the only way to confirm that reliably is a title search. If there is no easement and the mailbox is on your land, you can notify... View More

1 Answer | Asked in Real Estate Law for District of Columbia on
Q: My mom want give me a title on her house is worth to accept that if I need pay her mortgage she got on house ?

The house is old and I need fix many things,how to be sure that I will be only the one owner ?if she give me a title it mean I’m the one owner of house ?.and what if she decide to add my name there only then I still will be the owner ?or only her ?I want to be sure if I get title on house it mean... View More

Richard Sternberg
Richard Sternberg
answered on Mar 9, 2023

A real estate lawyer can create a sale of the property from her to you leaving in her the right to remain in the property for the rest of her life, assuming that’s what she wants. There are many ways to do this from irrevocable trusts to wills, depending on the objectives and the loan, and other... View More

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: My hot water is not working in my rental since 2/28/23. Informed management company on 3/1/23. Plumber came to premise

on 3/1/23. Ordered part. On 3/6/23, part not in and still not hot water. We are up to date in rent. Is there a recourse?

Richard Sternberg
Richard Sternberg
answered on Mar 6, 2023

While it is well worth your money to have the lease reviewed and check the local ordinances on landlord & tenant relations in your county, as a general matter, the landlord covenants a safe and habitable residence, and hot water is a part of that. You call the landlord -- preferably after a... View More

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2 Answers | Asked in Contracts, Gov & Administrative Law and International Law for District of Columbia on
Q: What can be done in order to regain control of my money?

I have stock dividends, interest payments on bonds and other funds in special non-resident bank accounts, known as Type C, now frozen due to Russian counter-sanctions against Western investors and bankers. What can be done in order to regain control of my money and return part of it to the USA?

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2023

I’ve been asked a number of times about getting investment money out of Russia without violating US and EU sanctions and avoiding Russian monetary limitations enacted in response to the sanctions. Indeed, the topic appeared in a recent article in Bloomberg, but, handled correctly, this topic has... View More

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2 Answers | Asked in Probate and Estate Planning for Maryland on
Q: My 2nd home is in Maryland. My 2 kids live there. My will gives it to them equally but can they live there thru probate?
Richard Sternberg
Richard Sternberg
answered on Mar 2, 2023

You need to discuss your situation with a lawyer. There are way too many unanswered questions. Is the home free & clear? Are there other heirs? Will the two heirs share it equally and get along in it? Do you want them to have the house or the proceeds from the house?

The short, and...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: dose property have to be registered at the county clerk by persons who clams to own property and title at county record.

I'm trying to find the company name, at county record saying they have title and there no record of them to be found on registration

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2023

I know of no lawyers and, indeed, no title agents, who would check title themselves. Sure, most lawyers were taught how to do it in law school, and it's somewhat misleadingly available on the Internet for most states, but the correct answer remains to order a title search from a title... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Can I sue my leasing office (maryland) for waiting over 4 hours for a clogged toilet?

I waited for hours and the lady from the maintenance kept hanging up on me when I called for updates.

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2023

First off, let me quote my late, old professor of Business Law back at Penn. "Of course, they can sue. Any idiot can sue. All it takes is a pen, paper, and the filing fee … and on occasion a crayon is substituted for the pen. The question you are trying to ask is whether you can win."... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: My home is in Fairfax County, VA. Fee simple, with an HOA. I need advice regarding a section of common area.

A 30ft strip of common area is behind my home. The HOA declined to replace a tree there that died, but suggested I do so. So I submitted a request to plant 5-7 arborvitae, and agreed to maintain them the 1st year. The board approved 5, which I had planted. I immediately submitted another request... View More

Richard Sternberg
Richard Sternberg
answered on Feb 28, 2023

The only choice I can think of is retaining counsel to review the facts, review the HOA rules, and decide whether to threaten if you are on good grounds or cajole if you aren't. Sounds like you pissed them off pretty well. Maybe retaining someone to speak for you who can sound like he carries... View More

1 Answer | Asked in Contracts and International Law for New York on
Q: I have an American client who has stocks, bonds, and other liquid assets in Russia currently frozen.

I have an American client who has stocks, bonds, and other liquid assets in Russia currently frozen. The US and EU sanctions don’t apply to me, to the client, or to these assets. Can US lawyers help me sell, transfer, or otherwise get them out?

Richard Sternberg
Richard Sternberg
answered on Feb 27, 2023

I’ve been asked a number of times about getting investment money out of Russia without violating US and EU sanctions and avoiding Russian monetary limitations enacted in response to the sanctions. Indeed, the topic appeared in a recent article in Bloomberg, but, handled correctly, this topic has... View More

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Will excuses the need to post bond for the performance of duties. Do I still need nominal bond in MD?

Maryland probate estate value is $10,000 or more.

Will states: "I hereby excuse those persons named in or appointed pursuant to this Will as Personal Representatives from the necessity of posting any bond or other security for the faithful performance of their respective duties."... View More

Richard Sternberg
Richard Sternberg
answered on Feb 22, 2023

I agree with Ms. Laumann in almost all respects. I've never seen or heard of nominal bond being waived by prepaying taxes or probate costs. I believe that is because the nominal bond also covers potential unfilled claims of creditors, but I haven't researched that in a really long time.... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: There are trees growing on the property line. The tree's branches have been encroaching toward my deck.

Squirrels have been using the branches to drop onto and and leap from my deck. Extensive chewing of the deck rails requires repairs over $1,000 and is leading to instability of the deck. The base of the trees are on the 10' utility easement and within the 5' HOA easement. I want the... View More

Richard Sternberg
Richard Sternberg
answered on Feb 16, 2023

The way to know your responsibilities as well as your neighbors' and the HOA's is to review the deed, survey, and the HOA Declarations and other documents. Any shortcut of that is unreliable. Generally, however, your deed rises to the FAA overflight limitation and down to the core of the... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: My nephew has received a power of attorney from the court.

The court clerk told him to get a form/letter from a real estate agent to acquire a deed. Pkease tell me what is the correct form named so I can let him know.

Richard Sternberg
Richard Sternberg
answered on Feb 15, 2023

I believe I answered a very similar question this morning, but this version leaves out that the nephew is the heir of your deceased brother. If your brother is deceased, he cannot sign a power of attorney, and the power of attorney needs to be from whomever owns the property. If your brother has... View More

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