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Questions Answered by Richard Sternberg
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Does estate have to be closed before beneficiary receives money.

I am a beneficiary, and I’m being told that I have to wait to receive any money until the account is closed. And that unless I sign over my rights to property to sell it that it cannot be closed. If I sign over my rights to the property they will close the estate and then said I would get any... View More

Richard Sternberg
Richard Sternberg
answered on Oct 20, 2022

If you are asking whether you can have the proceeds from the sale of the house before you agree that the house should be sold, the answer is sort of obvious. But, perhaps the real issue here is that you don't trust the personal representative or their counsel. If so, you should retain your own... View More

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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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

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.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Banking for Virginia on
Q: I have possession of a deceased family member's deed of trust. She's not listed on it, but holds title to it. Virginia

The transaction has been paid off, but I have not seen any deed actually signed over to officially own the property without question. I also was given possession of the deed to hold safely, but was not named executor of her will. What, if any, rights to I have in the say of what happens to her... View More

Richard Sternberg
Richard Sternberg
answered on Jul 23, 2023

The assumptions in your posting indicate that you haven’t a clue as to proving title in Virginia. Seek out local, Virginia, real estate counsel, run a current owner search, and review the results.

1 Answer | Asked in Contracts, Real Estate Law, Business Law and Construction Law for Virginia on
Q: I made 10% down payment cash and signed contract. The contractor is forcing me to pay all 100% before installation

I made 10% down payment via check for solar panel installation and signed contract. The company is forcing me to pay the remaining 90% before installation begins or else they won't install. There is nothing in the contract as to when final payment is due other than same day. I thought that... View More

Richard Sternberg
Richard Sternberg
answered on Jul 5, 2023

Perhaps you should have a a lawyer rev new the contract you signed?

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: Seeking some clarification on the language used within a Last Will and Testament of a decedent naming two beneficiaries.

The Personal Property clause of the Will states that all of the personal property that has not been directed as specific bequests, or a part of the residual estate, be equally distributed among the two name beneficiaries.

Additionally, the Residual Estate clause states that the property,... View More

Richard Sternberg
Richard Sternberg
answered on Jun 20, 2023

Reviewing your question without actually reading the will and interviewing about the circumstances is, in my view, rank malpractice. Indeed, I just took a CLE class this week that agreed that such a review might create a conflict of interests. Get a lawyer to review the specific facts. Many lawyers... View More

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: what can be done to force.executor to sell a house per the will

grandma died in 2017. dad and cousin are to split proceeds from.sale of house. executor, dads brother, haa not put house up for sale. what can be done to force him to sell the house?

Richard Sternberg
Richard Sternberg
answered on May 28, 2023

Retain counsel. Petition for Order to Sell or, in the Alternative, Replace PR for Self-Dealing.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: wrongful detainer was filed, however I asked the judge to dismiss the case as it was the incorrect action as I pay rent.

Plaintiff (P) stated a landlord/tenant was filed previously but was dismissed. On that particular L/T case, I asked for a postponement due to illness. But previous judge dismissed case because (P) lawyer stated a dishonest answer that I paid nothing. (P) lawyer then filed a wrongful detainer... View More

Richard Sternberg
Richard Sternberg
answered on May 9, 2023

It is difficult to decipher your description, but the mechanism for challenging a judge's decision is called an appeal. If you don't understand the judge's decision or how to follow the procedures of court, you might be well served to retain a lawyer for your next case or for the present appeal.

1 Answer | Asked in Real Estate Law for Virginia on
Q: New owner wants to enter my property to add siding. Can I say no and suggest scaffold in VA?

The workers are destructive and debris from other projects have been left in my yard. The work started on the property without a work permit. In the process of gutting the property, the trash was placed against my fence but it was not damaged.

Richard Sternberg
Richard Sternberg
answered on May 3, 2023

You generally are not required to permit a neighbor to enter or use your property. If I recall from law school, there is a tiny exception for emergencies, but this doesn’t sound like that. You may wish to retain counsel to send a cease and desist and no trespass letter or to negotiate a more... View More

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Virginia on
Q: Title S 15.2-2244: Will I be able to gift my family member 1 acre of lot as gift/sale even HOA does not permit?

I would like to know, I own 2.39 acre of lot in a R1 zone and would like to gift 1 acre to my family member by subdividing. What are the necessary requirements as an owner to do this? My HOA document does not permit any subdivision, but there is a provision to make it a new amendment, but the... View More

Richard Sternberg
Richard Sternberg
answered on Apr 19, 2023

There is no cookie-cutter answer to this type of question. You start with a title search and review of all controlling documents, including the HOA docs and local zoning, because they often don’t say what people say they say. From there, you start negotiating to get where you are trying to be.... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Do you lose rights to deeded access if property is escheated?

Property was listed as community lot. Is in deed. Escheated 30 years ago. Continues to be listed in any lots sold in development.

Richard Sternberg
Richard Sternberg
answered on Apr 18, 2023

The question is confusing, because the word escheat means that the state took it and it doesn’t belong to whomever it belonged before. The best place is to start with a title search and a review of whatever happened 30 years ago,

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