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2 Answers | Asked in Real Estate Law for Maryland on
Q: How to find out if a business had a grandfather clause

This business was run in Maryland and the business was inherited. It was told to us that my uncle was grandfathered into the business and we are trying to see how that was done. It would have changed hands around 1990 to 1993. It is called Eatons Fish Hatchery, 10701 Putman Rd, Thurmont, MD 21788

Richard Sternberg
Richard Sternberg
answered on Apr 10, 2023

You haven't provided enough information to enable me to answer. It might be best if you understood and used the term "grandfathered" correctly. It is not a term of art in law, but it is often used to mean that some law or regulation came into effect on some date but could not be made... 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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1 Answer | Asked in Real Estate Law for Maryland on
Q: I was misled by the builder when I purchased this house. I would like to know if I have any recourse.
Richard Sternberg
Richard Sternberg
answered on Mar 4, 2023

There are several potential causes of action that may apply. Sit down with a local lawyer to review your facts.

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 Real Estate Law and Contracts for Maryland on
Q: house had ongoing leaking issue from builder and they never gave solutions for it, now the warranty past. What can we do

The that we purchased house and had ongoing leaking issue on the deck from builder and they never gave solutions for it but only said don't worry if it happen again they will fix it. This leaking issue is not only happened to us, our neighbor has the same issues too. We all had the same... View More

Richard Sternberg
Richard Sternberg
answered on Feb 22, 2023

I think you need a legal consult to discuss the specific facts, but, even before that, you need an independent expert engineer or waterproofing expert to identify the actual problem and estimate a fix. Signing something now might be the second act of a Greek tragedy.

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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

1 Answer | Asked in Real Estate Law for Virginia on
Q: My adult nephew has lived in his deceased (over 15 yrs.) fathers house paying all the bills for over 20 years.

He is the only child and needs to put the house in his name now and was told by the court since there was no will or estate etc he needed to get a real estate agent or attorney to certify the deed. We are not sure what to do. The house is paid off but needs some work.

Richard Sternberg
Richard Sternberg
answered on Feb 15, 2023

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

1 Answer | Asked in Probate for District of Columbia on
Q: Can the executor of an estate filed in D.C. probate court limit claim payment from divorce order?

They said they are limited to pay a max 36months/3years of payments instead of all from divorce decree property order the deceased never paid?

Richard Sternberg
Richard Sternberg
answered on Feb 13, 2023

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

3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Virginia on
Q: Can something you say in an email be the difference between winning and losing a lawsuit?
Richard Sternberg
Richard Sternberg
answered on Feb 13, 2023

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

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1 Answer | Asked in Criminal Law and Probate for Virginia on
Q: If you went to your court date and was granted a motion of continuance but still went to jail what and why ?
Richard Sternberg
Richard Sternberg
answered on Feb 8, 2023

This is a question that should be directed to your lawyer. Nobody can give you a competent answer without knowing the facts and the procedural setting.

2 Answers | Asked in Real Estate Law for Virginia on
Q: Is a listing agreement that doesn't include the names of all the owners of a property valid?

There a three owners listed on the deed, two are deceased and not included as owners of the property on the listing agreement. The heirs of the deceased owners have been asked to sign the listing agreement. Can the exclusion of the deceased owners in the listing agreement create any legal... View More

Richard Sternberg
Richard Sternberg
answered on Feb 7, 2023

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

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