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Grandma was sick and stayed with daughter in NC a few months b4 her death in NC. Do you have to probate both states, if Grandma was just there temp due to sickness. Executor died and no co-exc named in will, however; Grandma's will states heirs split property equally. What are the next steps... View More 
answered on Feb 28, 2020
If Grandma was a resident of Virginia, as can be shown by a variety of indicators, like where she had residential property, where she had a driver's license, where she paid utility bills, etc., then the probate is where she resided. Temporary residence during a terminal ailment doesn't... View More
answered on Feb 25, 2020
You don't have to. It would probably be a good idea to speak with a timeshare attorney if you're looking for some advice.
Prior to buying we checked records for crime and work permits and only found a few permits but nothing major for work completed. AFter moving in and by chance our gas line was being replaced by the city and the worker mentioned the fire. We asked the neighbor and it was confirmed and mentioned it... View More
answered on Feb 23, 2020
If there is a latent defect, you may have a cause of action, but it needs to be latent, and it needs to be a defect. If there was something wrong with a house, like a fire, and it was fixed, it's not a defect. If you could see it upon diligent inspection, it isn't latent. It sounds like... View More
Older kid and the gave the rest some money for it-the house. Grandma was still in the house and so was one of my aunts who helped Grandma. Grandma passed away in 1998 but the older sibling had an arrangement to let my aunt be in the house the rest of her life or till dhe decided to move. The older... View More
answered on Feb 18, 2020
This is the result when laypeople avoid lawyers by having ambiguous understandings that transcend generations. Without reviewing the title and all correspondence, whether signed and on paper or by email, text, checks exchanged, or otherwise, I don't know what rights your aunt may have. At very... View More
My grandfather passed away in late 2019. His will says that all belongings should be divided equally between the 4 children. My uncle is named executor but he has yet to file the will into the probate court. Can he try and sell my grandfather's home to a family member for half of fair market... View More
answered on Feb 16, 2020
In Virginia, real estate passes outside of probate. If the unappointed executor is acting in derogation of the Will, and the Will has not been filed, you need to file the Will and move to appoint an Administrator cum testamento annexo (c.t.a.). This needs to happen now and it wouldn't be a bad... View More
My mother gave me a letter from 1988 stating a lawyer would contact her from NOLA and that never happened. I have no idea what happened to the tract of land. DO we still have any rights to the land?
answered on Feb 11, 2020
It’s unlikely, but it’s possible. The answer is learned by ordering a title search, and that will cost money.
answered on Feb 9, 2020
I'm assuming the septic pipes and tank are on your property. Obviously, you cannot trespass to disconnect another person's house from his own septic system. It would be a very good idea to start with a title search to look for easements to access the septic system on your property. For... View More
answered on Feb 9, 2020
You need a lawyer. While Virginia has self-help for some landlord-tenant issues, you are doing it wrong, and you are doing it wrong in the wrong county to do it wrong.
Life rights individual has at least two federal liens on themselves, but it is an unknown to the Grantees if the liens are
attached to the property solely. Do the legally documented Grantees of the property have to pay for any of the liens? It is believed the liens are strictly for... View More
answered on Feb 6, 2020
The term the law uses is 'life tenant' which means that that individual has the right to live on the property for their life; those who then get the property on death of the life tenant are called 'remaindermen' or 'remainder interest' (think of 'what's left... View More
I am a resident in Richmond, VA that has been overcharged in rent by our apartment complex. According to our lease, we are to pay $1607 per month in rent. We have been paying $1689 in rent alone for 11 months. We’ve also been overcharged late fees and attorney fees based on the incorrect rent... View More
answered on Feb 5, 2020
Try contacting the Central Virginia Legal Aid Society -Richmond Branch.
101 West Broad Street, Suite 101 Richmond, VA 23220
804-648-1012
http://www.cvlas.org
Can the house just be left in the step-father's name, and not be considered an asset of my father's?
answered on Feb 5, 2020
Most real estate financing in Virginia is secured by a deed of trust rather than a "mortgage", although that term is used in a general sense for any loan secured by real estate. Title is determined by the deed and the chain of title, not who may or may not be liable on the note secured... View More
The monthly rent will be paid to the owner as well. We are doing rent to own.
answered on Feb 1, 2020
Unless you have the cash to pay the seller the whole price, you are going to have to qualify for a mortgage loan somewhere. There are very very few mortgage notes that can be assumed by new buyers, and even then, you would be taking on a mortgage.
BTW, don't pay the downpayment to the... View More
I signed a sublease agreement in August for a house downtown. One of the girls I was living with started shooting drugs and having multiple men over daily, on quite a schedule. Obviously, this is not something I wasn’t to be apart of. There were multiple men (I assume on drugs or some sort)... View More
answered on Jan 22, 2020
This could be a complicated situation and you may need to call a lawyer near where you live.
You cannot usually break a lease early without either (a) an agreement between you and the landlord (or, in your case, maybe the tenant from whom you are subleasing the property) or (b) a court... View More
I’ve simply refused to pay and asked for further documentation and the covenants and the cc &r. I also asked for the breakdown of the budget and why the dues are being exercised. I also noted that the HOA was never disclosed at any time and that I will be seeking legal advice.
They... View More
answered on Jan 21, 2020
You should have an 'owner's title policy' - look at it and see if there is any mention of a homeowner's association. If not, then make a claim under the title insurance policy as it may be a covered risk.
Homeowners associations can be crazy - many are good but some... View More
answered on Jan 20, 2020
Generally in Virginia, a Warrant in Debt is served by the Sheriff or a Deputy Sheriff on the Defendant at that person's place of residence, however, it is possible to file a Motion based on good cause shown to request a judge to give permission for the Warrant in Debt to be served at the... View More
They moved in feb. Chased rent a few times. Late Sept they contacted landlord stating they would pay an extra 50 for being late on oct rent. They Contacted again in late oct goin to be late nov. But in nov made a partial payment for oct. Still no payment for nov. With promise to pay dec 21st.... View More
answered on Jan 20, 2020
The claim is for money owed. You can file a civil Warrant in Debt in the jurisdiction in which the premises is located and against the person who owes the money. Your hurdle may be to find the former roommates since the Court requires that person be served in order for the Curt to have jurisdiction... View More
Heir Land was sold without family consent without real estate assessment and without right of way. Current owners are trying to sell land but have not been successful. As a family will we need to go to County first to assess where land boundaries are before we present an offer
answered on Jan 16, 2020
You have provided a minimal statement of fact but no question. I'm not sure what you want to know.
If you came to my office I'd want to know how the land was sold and by whom, if it wasn't sold by the family. I'd probably then want a title examination to cover ownership... View More
answered on Jan 16, 2020
REQUIRE? No. Everyone has the right to represent themselves no matter how little they know.
GOOD IDEA? Absolutely. There are aspects to real estate ownership and sale that would surprise many people. I've lost count of the times I've looked at a transaction - after the fact or... View More
Recently I received an email from a paralegal asking if I’d recieved a check. A PDF was attached with a partition sale documents showing my final proceeds to be about 1.5% of my perceived value of the land that had been in my family for decades; after expenses. About 2 years ago my 2 sisters has... View More
answered on Jan 13, 2020
It is unlikely that you can reverse the process at this late stage, and it will be useful to understand why you ignored the issue so long. But, in many circumstances, Virginia law in partition rulings is not final for two years after the final order. That might help, but you need to start... View More
Heirs will not come together to do anything. Received notice for delinquent real estate ad. Please advise
answered on Jan 10, 2020
You have given almost no facts on which a good answer can be based. Even if you had, however, I'd probably refer you to a real estate lawyer to help walk you through the law affecting the property. This forum is designed and good for simple, general questions that will get you to the... View More
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