Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Richard Sternberg
1 Answer | Asked in Estate Planning, Family Law and Probate for Virginia on
Q: My aunt's husband passed away and there was unpaid credit card debt. Does she owe this if it is not in her name?

What do we do if it's not in her name and only her deceased husbands name? There is one credit card that she is a joint user for. We have gotten death certificates so far but nothing else.

Richard Sternberg
Richard Sternberg
answered on Feb 10, 2022

The wife is not liable for credit card debt she did not contract to pay by being on the card or using the card. She may be liable if the charges were for something the law calls necessaries, like medical care, food, clothing, and other needs of her spouse, but that is liability for the necessary... View More

1 Answer | Asked in Probate for Virginia on
Q: I had a co-tenant safety deposit box with my mother. She passed away. The bank called and had me close the box and

Stated that the Contents belonged to me. Now I’m being threatened with a law suit that the contents go to the estate. I’m in Virginia. Is co-tenant the same as co-owner in Virginia? Who owns the contents?

Richard Sternberg
Richard Sternberg
answered on Feb 2, 2022

It is more complex than that, but could easily have been resolved if specified in a proper Will. If the reason you were a co-tenant on the box was for the convenience of your mother, then the box belongs to the estate. Basically, the law interprets your role as one of a trustee of something called... View More

1 Answer | Asked in Real Estate Law for District of Columbia on
Q: Have a Final Judgement Order and want to put a Lien on a property that is owned by the persons. HOW to Do So?
Richard Sternberg
Richard Sternberg
answered on Feb 2, 2022

In DC, you file a lis pendens. The law changed a number of years ago, and the lawsuit, itself, is not a lien. It is a great idea ti have counsel assist in this.

1 Answer | Asked in Real Estate Law for Virginia on
Q: If a landlord of an office building doesn't keep up the maintenance (elevator and leaky roof) can I get out of my lease.

I am losing clients=$ because of this. There are 1.5 years left on the agreement. I am not sure I can afford to stay. Any chance I can recoup any of the lost revenue?

Richard Sternberg
Richard Sternberg
answered on Feb 2, 2022

In a commercial lease (and, to a lesser extent, in a residential lease) the answer starts with a lease review. Without reading the responsibilities of the landlord and the tenant memorialized in the lease, there is no possible accurate answer. Contrary to popular belief, commercial leases are not... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Maryland on
Q: Valuation for inheritance tax and buyout in Maryland for a house inherited by two siblings

My brother and I inherited our aunt's house, and I want to buy him out. We are trying to determine a value for the buyout and the estate lawyer recommended an appraiser. His appraised value came in considerably higher than the last tax assessment (by about $200k) as well as the approximate... View More

Richard Sternberg
Richard Sternberg
answered on Jan 27, 2022

Appraisals are often inaccurate or, more accurately, a matter of opinion. Unless you have an agreement to the contrary, get a second appraisal and see if it lands in the same place. Agree in advance that if the two appraisals are within x% of each other, you'll average the two appraisals. If... View More

View More Answers

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: can an adverse possessor evict the a land owner

can an adverse possessor evict the a land owner....

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) (File an action for recovery of possession of land).

Richard Sternberg
Richard Sternberg
answered on Jan 27, 2022

To raise a successful defense of adverse possession, the defendant must show that he POSSESSED the land ADVERSELY, OPENLY, and CONTINUOUSLY in a manner HOSTILE to the record landowner's interests for the prescribed period. If you don't possess, the defense will be difficult to maintain.... View More

View More Answers

1 Answer | Asked in Real Estate Law for Virginia on
Q: Hello, My friend’s husband unexpectedly passed away 3 months ago. He and his mom were co-tenants on a mortgage for

an apartment where my friend lived with her husband. Now that the husband is gone, the mother is insisting that the apartment belongs to her, and is not even considering sharing any of the money from the sale. There was a will but it was not properly signed. Does my friend have any right to this... View More

Richard Sternberg
Richard Sternberg
answered on Jan 27, 2022

First of all, who is on the mortgage loan or the deed of trust isn't relevant. The incomplete and unsigned will is probably irrelevant, though Virginia has some holographic will law that might apply. What generally matters is the deed. If the deed was joint tenants with right of survivorship... View More

3 Answers | Asked in Real Estate Law for Maryland on
Q: Do I Need a lawyer ? to assist in a cash purchase of a condo in ocean city? Or what type of professional could assist

Want to avoid real estate agents, trying to keep costs down

Richard Sternberg
Richard Sternberg
answered on Jan 26, 2022

There is no need for a real estate broker, though a real estate broker could help. Brokers market and sell property, so the commissions they earn are based on the risks and expenses of marketing a property. You don't need those services, and the cost of contracting and closing a sale can be... View More

View More Answers

1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners..

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners Ejectment Ejectment Rights And And Adverse possession Maryland. They Can Ejectment Before Or Or After The Statue of Limitations 20- -20 Years. If It Is Before The 20 Year Time Period Can The... View More

Richard Sternberg
Richard Sternberg
answered on Jan 24, 2022

The question is barely in English, and the description of the defense of adverse possession isn’t vaguely close to the law. If you have occupied a property openly adversely continuously and hostilely for more than the time in the statute of limitations, you may assert —preferably competently,... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can 1 unit in a self managed condo (top-bottom) have exclusive rights to backyard w/out having plat or doc notarized?

Bought a “self managed condo”. 2nd unit claims ownership of yard. Plat is certified by engineer but not recorded by city.

Richard Sternberg
Richard Sternberg
answered on Jan 7, 2022

The plat is merely a resource. Review the deeds or get a lawyer to help.

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: Do I have to return my husband’s inherited property to his siblings after his death?

My father in law passed in 2013. His home and belongings stayed empty for 2 years before my husband, our young children and me bought out his siblings for the home. Before us moving in, the siblings and husband, split up their fathers belongings. My husband passed away in 2020 and the deed to our... View More

Richard Sternberg
Richard Sternberg
answered on Dec 18, 2021

As I understand the facts, your father-in-law passed in 2013, and the personalty in the estate was divided among the heirs and the estate closed. Around 2015, you and your husband bought the house and its contents, and they belonged to him or both of you. Your husband passed in 2020, and now his... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Federal Crimes for Virginia on
Q: VA Intestate Probate, on day of death, Spouse moved all money out of decedent's businesses he did not own any of

Spouse had wife own businesses while she was alive because he had "no credit", got huge loans in her name as guarantor, sometimes under false assertions about losses (SBA EIDL), acted as manager in member-managed LLC without being a manager or member, after 23 years of marriage used... View More

Richard Sternberg
Richard Sternberg
answered on Dec 14, 2021

Your description requires a series of follow-up questions, but other than the car registration, I don't see anything that is likely to excite a prosecutor. There may well be a question of undue influence or competence at the time she signed everything over to him, but you will likely need to... View More

2 Answers | Asked in Probate for Maryland on
Q: Hello, my question has a part one I am a license RE My client has a property working through pro-bate, I can I buy it

and stop the probate. Or will the client have to complete the probate process which just started on 11/22/2021. 2)The Deed is in the father's only. But he was married, and she has recently passed 11/14/2021. 3) The father's daughter's would like to just sell the property. But... View More

Richard Sternberg
Richard Sternberg
answered on Nov 30, 2021

If the property is in Maryland, you should not be able to close unless the probate resolved the deed. Without a review of the deed and the sequence of weddings, purchases, and deaths, it is impossible to define what needs to be done, but many lawyers cover both probate and real estate, and it... View More

View More Answers

2 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) Government land

Government land (It Doesn't Have To Be Obvious Of Abandonment) If Government land Was Sold To Another Government Department It Was Obvious Of Abandonment It Was Obvious Of Abandonment Before And And After After It Was Sold/Transfer To The Other Government Department. Can That Land Be Adverse... View More

Richard Sternberg
Richard Sternberg
answered on Nov 28, 2021

Government land isn’t subject to adverse possession.

View More Answers

1 Answer | Asked in Real Estate Law for Maryland on
Q: Hello, Home sold next door and new owner obtained survey. Property line is not what I believed.

I am original owner of my home. Have been maintaining mowing, landscaping etc. for 23+ years. What are my options ?

Richard Sternberg
Richard Sternberg
answered on Nov 20, 2021

The answer will depend on whether your possession was open, adverse, continuous, and hostile for the right number of those 23 years. Mowing someone else’s lawn isn’t very hostile, but fencing it certainly might be. I suggest you get a consult with a real estate lawyer to review the facts.

2 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
Q: I Have A Wrongful Detainer Case I Filed A Motion - - Motion Of Reconsideration

I Have A Wrongful Detainer Case I Filed A Motion - - Motion Of Reconsideration The Motion Says Not Ruled On Judgment In Favor Of Plaintiff The Motion Of Reconsideration Say No Legal Bases Gavin For The Motion Of Reconsideration .... Of Both Motions I Put (MD Cts & Jud Pro Code § 5-103 (2019)... View More

Richard Sternberg
Richard Sternberg
answered on Nov 17, 2021

Citing Maryland Code defining an adverse possession is not an argument explaining how that Code section supports your position. The judge isn't your lawyer. You are. It sounds like your motion to reconsider is denied, so your next step is a timely appeal and seeking a stay of the eviction. If... View More

View More Answers

1 Answer | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: This man rented a home to me without lease, doesn't even have a license to rent, Plus Deed not in his name.

We have 20 months of receipts.

Richard Sternberg
Richard Sternberg
answered on Nov 16, 2021

I think you need a lawyer to review the situation, but the law requires leases to be in writing. Sometimes, things that don't look like a lease, such as an exchange of written emails or even texts followed by written checks might be a writing. And, if no problem ever arises, then it... View More

2 Answers | Asked in Real Estate Law and Criminal Law for Maryland on
Q: adverse possession when the owner takes back land in the same manner as the adverse possessor.

adverse possession when the owner takes back land in the same manner as the adverse possessor.that regards squatting or or squatting (no claim of right).

Richard Sternberg
Richard Sternberg
answered on Nov 14, 2021

Adverse possession is a defense. It is not a claim. I have used it before by flipping claims and defenses using techniques like a petition to quiet title or a complaint for declaratory judgment, but it is generally a defense that gets asserted to block a summary dispossession. In other words, it... View More

View More Answers

2 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Hi. In 2017, I did a ch 7 bankruptcy. I have a condo that I live in still pay each month.

I was told by PHH back then, that I would only have to pay off the new prin. Balance to own the home or$65k. Today, my account says there is a payoff of $188k or 1 & 2 prin Balance as payoff. I'm confused and want to know if I can refinance would it be only the $65k? I have a Screenshot.... View More

Richard Sternberg
Richard Sternberg
answered on Nov 11, 2021

The cheaper answer is to return to the lawyer who handled your chapter 7 and hope he still has the file. so he can remind the lender of the cram down. If this was a DIY or the lawyer is inaccessible or unavailable, someone needs to look up the file at court, get the cram down order, and start... View More

View More Answers

1 Answer | Asked in Real Estate Law for District of Columbia on
Q: I would like to know if I have a legal case to sue the seller and her agent for misrepresentation.

I bought a house in April of this year. The owner’s disclosure paperwork did not include that there were some cracks on the living room floor or one of the walls. The home inspector did not see them because there was a rug and furniture covering the cracks and a big vase with flowers arrangements... View More

Richard Sternberg
Richard Sternberg
answered on Nov 9, 2021

You may have both a latent defect and a misrepresentation cause of action if the defect was latent and the seller knew and lied in the disclosure. The case may involve attorneys fees and treble damages.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.