Dad wanted me & my brother to be co-trustees. My mother redid the trust and named my brother & herself as co-trustees. They tried to keep Dad's will out of my hands. I finally got a copy from her lawyer. Seems fishy to me.
If the land was held by entireties with his wife, and if he predeceased her, it wasn’t his to give in his will. The land passed outside of probate to the survivor. Nevertheless, there are confusing references to trusts, and trusts imply inter vivos grants prior to demise or special titling of... Read more »
I prepaid for biweekly lawn care 3 weeks ago. He came out the same day and mowed 1/3 of my yard, then claimed his belt broke and he would return the next day. He has never come back, providing a multitude of excuses. I have asked for my money back several times, to which he always says he will be... Read more »
In Virginia, the Office of the Commonwealth Attorney generally files charges in criminal matters, not individuals. With regard to your reported facts, you may have a right to file a civil lawsuit for breach of contract, called a Warrant in Debt, in the General District Court for the county/city in... Read more »
We were eating in their outdoor dining area. My 5 year old said she needed to use the restroom. Got halfway to the bathroom inside when the barkeeper said I had to have a mask on. Customer at the bar didn’t have a mask on. I pointed this fact out, and the barkeeper said he had a drink so he... Read more »
I regret that I do not handle matters where a patron in a restaurant is blocked from the bathroom. Sorry.
after I asked him to do so in order for me to move my household items in. Does that change anything?
Probably does not. Off for the weekend. Good luck.
It depends on what the landlord does.
rent, doesn't he have to give me 21 days to leave, 30 days after a notice? Can he sue without a written agreement?
In Virginia, an oral agreement for a month-to-month residential lease is valid and enforceable. To terminate the month-to-month lease, either the landlord or the tenant must give the other a written 30 day notice. However, if the tenant has not paid rent when it is due, the tenant is in breach of... Read more »
My sister was the holder of the will. I was told she lost the will which we all knew how he wanted the estate to be left to his children. Since she lost the will the court suggested we do a estate transfer. If we do the estate transfer it not only will go to his children but the now ex wife since... Read more »
The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which... Read more »
I am interested in buying a property that does not have a deeded access. There is a private road connecting it to a county road. The listing agent says that road cannot legally be blocked, denying me access to the property. If this is true I want to buy the land. When I was shopping for a... Read more »
The answer is in insurance not at law. The legal answer could get tied up in a astoundingly expensive trial on the existence of an easement by estoppel. You should draft the contract so that it is contingent on the insurability of legal access and egress, and you should run not walk to the exit if... Read more »
I work for UVA Medical Center and our department just implemented a new program called "Pink Star Days". These are day that I am required to be "On Call" from midnight until 7am, without pay and is overtime when called in.
The UVA HR dept does not have information on... Read more »
Your employer is free to implement new policies, including on-call requirements, without prior warning and without a written department policy. You must be paid for time spent actually performing work if you are called in.
However, whether the entire on-call shift must be paid depends on... Read more »
The VA Real Estate Contract of Purchase was submitted to Seller on Friday, Seller's agent responded by text on Saturday to Buyer's agent that the offer had been accepted (no changes to terms). Seller's agent stated he would obtain Seller signature and send agreement to Buyer's... Read more »
There certainly is a decent legal argument that the contract was concluded, but you would have the burden of proving that the acceptance was by an authorized agent of the seller and that the acceptance was unconditional. Those will be factual questions, which means a trial. That is not an... Read more »
Grandparents died and left it to the family, my mom is trying to dictate and kick me and my fiancé and kids out and I told her she has no authority her name isn’t on the deed and it’s a family home. She went and made a homemade eviction notice giving us 30 days
There is no such thing at law as a "family owned home." The property is owned by some one or some specifically named individuals. If the property was not deeded or willed to the next generation, then it passed by intestacy. Sometimes, it is difficult after a hundred years or so,... Read more »
An acquaintance let us know that hey would like to sell their house and move. We are buying connected property already. She has not listed it. Can someone tell me in simple terms, how this would need to be handled legally in Virginia? Also, we would be buying it outright in cash. Thank you.
If you already have your price and don't need marketing services or advice on pricing and market analysis, you don't need a real estate agent. A lawyer will be much cheaper. Even cheaper is a new development I've been trying of employing a real estate agent in my office to handle... Read more »
This is strictly a conceptual idea and I have no intention of moving forward with this idea unless I understand the legalities.
A Virginia attorney could advise best, but your post remains open for two weeks. Until you are able to consult with a Virginia attorney, something more likely than any penal code violation would probably be civil liability for defamation. If the users post content that is harmful to someone's... Read more »
He is hospitalize VA, she is his aid care taker. She wants POA because he is married.
This is not a DIY situation. You need a lawyer. But, the specific answer to your question is that a power of attorney expires when the principal (your father) dies. Sometimes, the attorney-in-fact (your sister) has the power to make financial transactions during your father's life using the... Read more »
I live in New Jersey and I'm buying a house cash in Virginia. We are not using a buyer's agent. We were told we needed to have a real estate lawyer or a title company when the paperwork was signed. I'm trying to find out if the title company needs to be in Virginia or if I can use... Read more »
The title agent must be licensed in Virginia, and you would be foolish to use a title agent who was not also acting as your lawyer. That will be more expensive than having a non-lawyer title agent. It will be a little more expensive than using a title agent who is a lawyer acting as a title agent.... Read more »
It is my opinion, that the landlord is doing this, because I am behind on my rent, but no notices requesting the rent have been sent to me by the landlord. But either way, Can landlord force me to move out by ending my monthly lease with 30 or 60 days notice? And if I refuse to move, does landlord... Read more »
In Virginia, either the landlord or the tenant has the right to terminate a month-to-month lease by giving the other party a written 30 day notice of the lease's termination. No reason for the termination is needed to be given. If the tenant does not vacate the premises after the lease is... Read more »
I have a dehumidifier to try and pull moisture from the house. I discovered mold under my kitchen sink, which I reported. I have not been contacted to resolve the issue in three days. My electric bill is $40-60 more than last year each month.
The obligation to repair the level of humidity in a residential premises will depend on what is stated in the lease as to whether the landlord or the tenant bears that maintenance obligation. If you think it is a serious issue that causes the mold, you should call the office of Housing Code... Read more »
This is a question of fact and not of law. The answer depends on who was the cause of the mold and how that causation can be proven by a preponderance of the evidence.
A coworker has falsely accused me of having sexual relations with a married coworker at work. This coworker went to administration and told human relations. These accusations are false.
Yes. You need to find out what was said specifically to HR, but if it's as black and white as you described, then I think you would have a viable. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck.
I let the company know VA has 10 day grace period. They changed the 'late fee' wording to 'payroll system fee'.
A Virginia attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the company's terms, and whether their revision is merely a change of terminology for the same thing. The most economical and reliable way to find out could be to... Read more »
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