There a three owners listed on the deed, two are deceased and not included as owners of the property on the listing agreement. The heirs of the deceased owners have been asked to sign the listing agreement. Can the exclusion of the deceased owners in the listing agreement create any legal... View More 
answered on Feb 7, 2023
A dead person does not own anything. He/she is gone. Anything that deceased person owned now belongs to someone else. That someone else is determined by a variety of methods including how title/ownership was held by the dead person and what Mr. Sternberg explains in his answer. You need to... View More
There a three owners listed on the deed, two are deceased and not included as owners of the property on the listing agreement. The heirs of the deceased owners have been asked to sign the listing agreement. Can the exclusion of the deceased owners in the listing agreement create any legal... View More
answered on Feb 7, 2023
The listing agreement only binds the people who signed it. So, in Virginia, where title passes outside probate to the heirs subject to recapture by the personal representative to pay debts, the heirs are not bound by an agreement they didn't sign. They don't have to sell. But, if the... View More
I am divorced. want to file quick claim deed . Im
age 90 he lives with me now. a neighbor also said deed of gift
answered on Jan 16, 2023
Your neighbors are wrong. Giving away your property means giving away your property. It is your son’s property from that date, and he can put you in a nursing home or begin renovations immediately once it is his. The fee cheaper solution is a simple will drafted by a lawyer. If there are other... View More
Inherited home. No mortgage on the house at time of inheritance. Buyout occurred late 2022 - co-owner (who is also the occupant) signed agreement stating that they would cede their ownership of the home upon closing - knew the co-owner would need time to move out, did not press for them to leave... View More
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answered on Jan 12, 2023
You cannot evict a co-owner. A Partition Suit may be the only answer as apparently the so called buyout agreement should not have been entered into. A Breach of Contract action might also be filed, but the final result may not help. Consult with a VA attorney about this which may require a... View More
Also power of attorney. Does his wife now get half? Or I'm I the sole heir
answered on Dec 8, 2022
It's not that simple. You need to read what the Will says, determine whether the named beneficiaries are renouncing formally, and then apply the facts. Do yourself a favor and buy a consult from a local lawyer.
Also power of attorney. Does his wife now get half? Or I'm I the sole heir
answered on Dec 8, 2022
Possibly, yes, his wife and children, if any, may receive the half, but it depends on what the will says, how it says it and when your brother passed away. I recommend you to take the will to a lawyer near you to review it and explain the next steps of Probate. So, it is not as simple as saying... View More
Also power of attorney. Does his wife now get half? Or I'm I the sole heir
answered on Dec 9, 2022
Three critical issues, two which the other lawyers mentioned.
First, what does your mother's will say? The language in it is critical.
Second, is the timing of their respective passing. if your mother passed first then your brother, then his wife and/or children could get... View More
Rental agreement self renews every year 12/1. Home owner died 9/9 is the self renewal still valid?
answered on Nov 29, 2022
You really need a review of your lease rather than a generalized answer that may or may not apply to your lease. But, in Virginia, title to land passes by operation of law to the heir or beneficiary if one is named in a Will subject to recapture to fund the estate. That means that the title now... View More
I have the SCRA clause in my lease.
answered on Oct 26, 2022
The SCRA limits anyone from taking a judgment against a service member when he or she is called to active duty. Unless you share the lease for review -- which you should not do in an open on-line forum -- I have no idea what your SCRA clause says, but I would take a wild guess that it has nothing... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
answered on Apr 17, 2024
Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More
I moved out 40 days ago, I was informed that I passed inspection the day of my move out but it would take 30-45 days to issue refund on deposit.
Today I emailed inquiring if there was an update and they said they changed their minds and they are attempting to put together an itemized list... View More
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answered on Apr 16, 2024
Based on the information you've provided, it seems that the landlord or property management company has acted in bad faith by initially informing you that you passed the inspection and were entitled to a full refund of your security deposit, but later changing their stance and attempting to... View More
The land lord threaten to sue because our product branding can be seen through our windows, and that violates their advertizing rules.
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.
All of the building except the ground floor are single family own condominiums.
answered on Dec 12, 2023
Condos are, by definition, separate property from the building they are in. Some are commercial, while others are residential.
My mother established a real estate contract in 2/15/2023 signed by a lawyer, a real estate agent herself and the executor of the estate. She passed away 4/22/2023. The lawyer did not issue the deeds for the home or land to complete the contract. Is the contract still valid?
answered on Dec 11, 2023
Generally, the stature of limitations for all written contracts is five years. However, with respect to a real estate contract the expiration of the settlement date could result in a termination of that contract. You should also be aware that the obligations of the parties could inure to their... View More
Please provide the lawyer's name, phone, year's in practice, consultation fee, pricing structure, etc.
answered on Dec 6, 2023
A Virginia attorney could advise best, but your question remains open for a week. However, it would be difficult for attorneys here to respond to your request for legal representation or attorney information. The format here is basically Q & A - no solicitation. In addition to your independent... View More
Re: intestate heirship
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answered on Oct 16, 2023
Ask your question in the appropriate State column and find out.
What can I do to get them out?
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
Have scheduled a survey and one property owner is out of country for three years and not answering emails seeking permission. His fence, which may be located on my property, blocks surveyors from doing their work.
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answered on Aug 10, 2023
Usually licensed surveyors can go anywhere except some restricted areas to survey real property. That is what the license is for.
My home, land, and retirement accounts do not have his name on them, but the marital home that he lives in may be at risk of a foreclosure as he is behind on payments. He was given a year to get the mortgage refinanced into just his name, but he has awful credit and won't be able to. It's... View More
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answered on Aug 2, 2023
If you signed the Note then you are personally liable on the debt. After foreclosure the lender/noteholder may file suit to collect for any note deficiency.
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