If there is no will, the house passes outside of probate in accordance with the intestate succession laws of Virginia. The fact that the nephew paid the bills for 15 years is irrelevant. There is no reason not to consider that rent, and it certainly doesn't sound in adverse possession. But, if... View More

It is difficult for me to understand your question the way you have written it, but if I understand you, it's an interesting question that may need to be resolved by a judge. It sounds like the personal representative is relying on the three year statute of limitations to limit back payments... View More

Of course, it can. An email is a written document, and, subject to authentication, which, arguably, is easier for an email than a letter, it is potential evidence. Early in the Internet Age, I used to love getting people to admit things in emails that they'd never write in a letter, and, to... View More

The listing agreement only binds the people who signed it. So, in Virginia, where title passes outside probate to the heirs subject to recapture by the personal representative to pay debts, the heirs are not bound by an agreement they didn't sign. They don't have to sell. But, if the... View More

If we are talking about a commercial lease, generally the lease controls. Get a lawyer to review the lease and negotiate a resolution with the neighboring property owner harboring the vermin infestation. If this is a residential lease, the answer depends a bit on the locality, but, as a general... View More

You need to review these matters with a lawyer. If the trust is a pourover trust which was funded from the estate, you get a different answer than if it was a funded inter vivos trust. It's also different depending on the source of the charitable funds. A review of the will, the trust, and the... View More

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I’ve written this same answer several times... View More

Your neighbors are wrong. Giving away your property means giving away your property. It is your son’s property from that date, and he can put you in a nursing home or begin renovations immediately once it is his. The fee cheaper solution is a simple will drafted by a lawyer. If there are other... View More

It's not that simple. You need to read what the Will says, determine whether the named beneficiaries are renouncing formally, and then apply the facts. Do yourself a favor and buy a consult from a local lawyer.

Sounds like you need a lawyer to answer them. Unless altered by the lease, fixtures to property remain part of the property. Further, if the lease proscribes alterations without approval, there shouldn't have been any alterations, and, if the alteration was permitted, the approval should have... View More

You really need a review of your lease rather than a generalized answer that may or may not apply to your lease. But, in Virginia, title to land passes by operation of law to the heir or beneficiary if one is named in a Will subject to recapture to fund the estate. That means that the title now... View More

It’s best to consult legal counsel, because landlord and tenant practice tends to be local, but Maryland law allows tenants to withhold rent and use that rent to repair health issues such as water, heat, and sewage service. You’ve notified. Hire the best licensed plumber in town for emergency... View More

I agree with Mr. Wilson, and I would add that the expense saved by turning this into a DIY job may be dwarfed by the expense of fixing it later. For example, the Will and the Trust should not be modified in the same document. The Will is a transitory documents, but the Trust is active upon... View More

Your question says you are in DC, but it is posed as a Maryland question, and I am going to guess the estate is filed in PG County, because, even though it's called Orphan's Court formally, in Montgomery, the hearings are in the Circuit Court by the Circuit Court bench, so laypeople never... View More

The answer starts with a review of the HOA bylaws. It continues to checking them against the covenants. It continues to reviewing the procedural integrity of the process that created the presumably new rule. And, then, at least as to rules involving public thoroughfares, the result gets checked... View More

You'll need to reopen the estate to correct the other titles or sell the properties. In DC, that won't be very complex since the death was under the post-1995 rules, but having a lawyer would be helpful.

It sounds like you need a lawyer who covers probate in the suburban Virginia. There are many of those, and if you become the administrator, you might eventually be able to pay for counsel from the estate's assets. But, you need to start with a consult, and many lawyers offer Zoom consults.

Your best course is to require that he refinance or that you sell the property. As long as you are on the mortgage, you are responsible for the mortgage loan and it will appear on your credit report as your debt.

The SCRA limits anyone from taking a judgment against a service member when he or she is called to active duty. Unless you share the lease for review -- which you should not do in an open on-line forum -- I have no idea what your SCRA clause says, but I would take a wild guess that it has nothing... View More

In Maryland, the way you get Letters of Administration is by filing a Petition for Probate. That opens an estate. If the assets are all in non-probate assets, they get listed separately in the Information Report.