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Virginia Questions & Answers
Q: Mom died in 2016,brother removed from court as her poa in jan.2016,I'm administrator now can I sell house without him
1 Answer
| Asked
in
Estate Planning, Family Law, Real Estate Law and Probate
for
Virginia
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Richard Sternberg's answer
Your question is too hard to understand as stated, and you should see a lawyer to discuss your situation. But, it does seem you are asking whether a person holding a power of attorney has continuing power after their principal dies. That is clear: a power of attorney dies when the principal dies unless it has been voided earlier or unless the decedent named the agent as her executor in a Will. He has no power under the power of attorney once she dies. While the title to the house passes to the...
Your question is too hard to understand as stated, and you should see a lawyer to discuss your situation. But, it does seem you are asking whether a person holding a power of attorney has continuing power after their principal dies. That is clear: a power of attorney dies when the principal dies unless it has been voided earlier or unless the decedent named the agent as her executor in a Will. He has no power under the power of attorney once she dies. While the title to the house passes to the...
Q: My fathers estate was probated 6/16. What is my recourse if I suspect forgery/check fraud from an account that they were
John Andrew Maghamez's answer
You need to consult with an attorney. Depending on the facts could determine if you have a claim against the fiduciary of the estate.
You need to consult with an attorney. Depending on the facts could determine if you have a claim against the fiduciary of the estate.
Q: i was rear ended by a virginia state trooper but i am having problems with my neck and shoulder
David Alan Wolf's answer
When there is insurance and a government entity involved in a crash, you should get the representation by a qualified attorney in your area. There are notices and procedures to follow. While insurance companies and government entities should step up to do the right thing for victims, there are often delays and other issues that arise. Most personal injury attorneys will provide a free consultation. The insurance companies and government entities pay more attention when an attorney to leading...
When there is insurance and a government entity involved in a crash, you should get the representation by a qualified attorney in your area. There are notices and procedures to follow. While insurance companies and government entities should step up to do the right thing for victims, there are often delays and other issues that arise. Most personal injury attorneys will provide a free consultation. The insurance companies and government entities pay more attention when an attorney to leading...
Q: Do I need to do anything to legally protect my real estate or am I already legally protected?
Dr Kenneth V Zichi J.D.'s answer
Unless their name (or the trust's name) is on the deed, it is unlikely they will be able to claim ownership in your land/home.
That said, however, without seeing ALL the documentation (what did you sign when they added onto your house -- there HAD to be something as you can't just build one someone else's property -- for example, and is there ANYTHING else in writing...?) it is impossible to say what your risks are 'for sure'.
You should take ALL the documentation and...
Unless their name (or the trust's name) is on the deed, it is unlikely they will be able to claim ownership in your land/home.
That said, however, without seeing ALL the documentation (what did you sign when they added onto your house -- there HAD to be something as you can't just build one someone else's property -- for example, and is there ANYTHING else in writing...?) it is impossible to say what your risks are 'for sure'.
You should take ALL the documentation and...
Q: NY driver in VA for one day. Speeding at 53 in 35mph zone. Is it worth having a lawyer to fight the ticket?
Christopher N. Luhn's answer
Your question is best addressed by an experienced traffic violations attorney in the area where the ticket was issued. If VA is like NY, your past driving record will be important, so you should be prepared to disclose your driving record to the VA attorney(s) you consult with. (You can get a copy of your NY driving record (called an "abstract" in NY) by going to any DMV office, filling out a short form, and paying $10.
Best of luck.
Your question is best addressed by an experienced traffic violations attorney in the area where the ticket was issued. If VA is like NY, your past driving record will be important, so you should be prepared to disclose your driving record to the VA attorney(s) you consult with. (You can get a copy of your NY driving record (called an "abstract" in NY) by going to any DMV office, filling out a short form, and paying $10.
Best of luck.
Q: Can a collection agency sell your account after it has served a warrant in debt on you?
1 Answer
| Asked
in
Small Claims, Collections and Consumer Law
for
Virginia
on
Answered on Jul 23, 2017
Answered on Jul 23, 2017
Robert R Weed's answer
He should go to court, for sure, on the warrant in debt, and ask for a trial. On his grounds of defense and at the trial he should say the outfit on the warrant in debt does NOT own the debt. And show that letter. That SHOULD make him a winner at the court date.
He should go to court, for sure, on the warrant in debt, and ask for a trial. On his grounds of defense and at the trial he should say the outfit on the warrant in debt does NOT own the debt. And show that letter. That SHOULD make him a winner at the court date.
Q: If i do a ch.13 in Virginia and later can't make the payments can i go to jail or what happens?ty
Robert R Weed's answer
You just get thrown out of Chapter 13. that leaves you wherever you were before the Chapter 13.
You just get thrown out of Chapter 13. that leaves you wherever you were before the Chapter 13.
Q: in VA not eligible for discharge of my recent Ch 13 case, this year filed in 2013. I had a Chapter 7 in 2009
Robert R Weed's answer
To have a discharge in Chapter 13 you needed to be four years past the filing date of the Chapter 7; you gave us the year but not the exact date. You may have missed it by only a few weeks or months.
Meaning, unless you paid 100% of those debts, you are still liable.
To have a discharge in Chapter 13 you needed to be four years past the filing date of the Chapter 7; you gave us the year but not the exact date. You may have missed it by only a few weeks or months.
Meaning, unless you paid 100% of those debts, you are still liable.
Q: I put my rent in escrow with the court when the lease terms were not followed. Landlord filed an illegal detainer after
F. Paul Maloof's answer
If the landlord has an attorney and you don't, the chamces you will win the case are slim to none.
If the landlord has an attorney and you don't, the chamces you will win the case are slim to none.
Q: My landlord openly admitted the home was unfit to be occupied but promised work.6 month paid ahead.8months now..nothing
F. Paul Maloof's answer
If you think the premises has health and safety issues, you should certainly bring in the health department.
If you think the premises has health and safety issues, you should certainly bring in the health department.
Q: Siblings are tenants in common and the surviving spouse claims to have lifetime rights in the home. Can i force sale?
F. Paul Maloof's answer
The answer will depend on many factors. It sounds like you father passed and left a Will that bequeathed the house to you and your brother equally. If that is true, then the Executor of the Estate should have a Deed of Distribution prepared, signed and recorded in the land records of the county in which the house is located. When that Deed is recorded, you and your brother will have title ownership and you and your brother can sell the house. I am unclear how your mother is involved, unless...
The answer will depend on many factors. It sounds like you father passed and left a Will that bequeathed the house to you and your brother equally. If that is true, then the Executor of the Estate should have a Deed of Distribution prepared, signed and recorded in the land records of the county in which the house is located. When that Deed is recorded, you and your brother will have title ownership and you and your brother can sell the house. I am unclear how your mother is involved, unless...
Q: Can a home be owned by a LLC but the mortgage be in the personal names of owners? Property is in VA.
Richard Sternberg's answer
Yes, though the LLC would also be a creditor on the mortgage, and the lender would probably want the individuals as guarantors. Shop well. Loan rates might be higher on this as a commercial loan.
Yes, though the LLC would also be a creditor on the mortgage, and the lender would probably want the individuals as guarantors. Shop well. Loan rates might be higher on this as a commercial loan.
Q: I was in a car accident and don't have insurance - but it wasn't my fault. Will I still get money to help pay my bills?
David Alan Wolf's answer
You may end up getting compensated for the medical bills. It may be a problem that you lacked insurance that you were required to have in place. Most personal injury attorneys will provide a free consultation. Contact an attorney as soon as you can to get some guidance and direction. Good luck.
You may end up getting compensated for the medical bills. It may be a problem that you lacked insurance that you were required to have in place. Most personal injury attorneys will provide a free consultation. Contact an attorney as soon as you can to get some guidance and direction. Good luck.
Q: Income from a partnership
John Andrew Maghamez's answer
It depends on the type of trust it is and what the trust document says. It's hard to answer your question otherwise. If it is a revocable trust he likely can do whatever he wants
It depends on the type of trust it is and what the trust document says. It's hard to answer your question otherwise. If it is a revocable trust he likely can do whatever he wants
Q: Tenant moves out w/ permission and assigns room to new tenant, do remaining tenants have any say as to who can move in?
F. Paul Maloof's answer
To properly answer your question, a careful reading of the Lease will be essential. If a provision of the Lease grants the "remaining tenants" a right to approve or disapprove of the new tenant, then you will stand on firm ground. If the Lease is silent, the remaining tenants would have no right to approve or disapprove of a substitute tenant.
To properly answer your question, a careful reading of the Lease will be essential. If a provision of the Lease grants the "remaining tenants" a right to approve or disapprove of the new tenant, then you will stand on firm ground. If the Lease is silent, the remaining tenants would have no right to approve or disapprove of a substitute tenant.
Q: My boyfriend injuried his head January 201 on the job. And the insurance company want even pay for medications
Jan F Hoen's answer
Your date is incomplete. Hopefully it is 2017.
If a Claim for Benefits has not already been filed with the VWCC, it should be. It must be filed within two years of the work accident or the claim will be barred forever.
Once filed, an order will be issued by the Commission and the employer's insurance carrier will be required to either accept or deny the claim.
If the claim is being contested, seek the advice of an experienced attorney who practices worker's compensation....
Your date is incomplete. Hopefully it is 2017.
If a Claim for Benefits has not already been filed with the VWCC, it should be. It must be filed within two years of the work accident or the claim will be barred forever.
Once filed, an order will be issued by the Commission and the employer's insurance carrier will be required to either accept or deny the claim.
If the claim is being contested, seek the advice of an experienced attorney who practices worker's compensation....
Q: in Virginia can a county force an 501c3 Corporation to liquidate its assets in a Fire Department that is registered SCC
F. Paul Maloof's answer
Generally, the answer would be: No. However, the final answer may depend on what is the basis for the County's action.
Generally, the answer would be: No. However, the final answer may depend on what is the basis for the County's action.
Q: My spouse lives in the U.K.; Under VA law, can I serve him divorce papers through certified or registered mail?
Michael Christopher Miller's answer
His acceptance and waiver are sufficient without more.
You could email him a PDF of the acceptance/waiver. He files the signed original with the court. You move to the next step.
His acceptance and waiver are sufficient without more.
You could email him a PDF of the acceptance/waiver. He files the signed original with the court. You move to the next step.
Q: How do i get visitation of my grandson
Michael Christopher Miller's answer
Coordinate with the parents.
If the parents don't want you to have visitation, you have to proceed as a person with a legitimate interest.
Va. Code 20-124.2 says "B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the...
Coordinate with the parents.
If the parents don't want you to have visitation, you have to proceed as a person with a legitimate interest.
Va. Code 20-124.2 says "B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the...
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