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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
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
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
guy wont acknowledge my phone calls or text ... what Do I do
answered on Oct 26, 2022
Probably pay him again.... Or, pay a lawyer to develop proof that you paid, escrow the disputed funds, and sue.
Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or... 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
We had two ratified contracts since Tuesday morning in Fairfax County, Virginia. The first buyer backed out because of the HOA clause, but told our realtor that they didn't know the mortgage payments would be so high. The second buyer is currently looking to renegotiate or stated that they... View More
answered on Oct 14, 2022
It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.
But, I must ask: Why are you not sharing the HOA docs when you... View More
VA Code § 55.1-1236 (2021)
answered on Oct 14, 2022
It would be incompetent to answer this without a factual inquiry and interview, and the Internet in an open forum is not the correct place to get that. Seek counsel licensed on the applicable jurisdiction, and secure a consult.
Edit:
55.1-1204 Section C says Mr Sternberg is incorrect in his answer. He also says perjury and discrimination against protected classes is "irrelevant". I need someone who cares about those things and the law to answer.
Some points (this box isn't enough for all... View More
answered on Oct 4, 2022
Most of the facts in your question are irrelevant. A contract for land must be in writing or it is void. Depending on where you are, a writing can sometimes be lots of things short of a Purchase and Sale Agreement on the local Board of Realtors form. I think there is one DC case in which a check... View More
My landlord is suing me for damages. I received my bill of particulars but only estimates no receipts can the judge rule in the plaintiff's favor without any proof that is what she paid?
answered on Sep 29, 2022
You have to defend the lawsuit. If you allow a default to be entered, you're done.
My aunt and I own a home together. I live there. She never even goes there. She gave the police permission to search inside without my permission and opened the door for them when i wasnt there. Is this legal in virginia? This is my mailing address, I reside there. Not her. Was this illegal at all?... View More
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answered on Sep 20, 2022
You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.
We have an agent, he has an agent, and a title company. We purchased title insurance.
We are concerned with the potential legal and financial ramifications that could come from this.
We have a repair addendum that will not be able to be done. Can we ask for an escrow of funds for... View More
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answered on Sep 12, 2022
At least the seller, and probably his agent, knew he was looking at a murder charge, so he decided to sell and run. You might want to walk away from this as the victim's next of kin might file a wrongful death action and set aside any transfer of assets. Consult with a VA attorney for... View More
We were all served paperwork stating that the property would be auctioned off to pay what's owed and we would receive the difference. A couple weeks after the auction date I contacted the law office in charge of the sale to see how much the property sold for. I was told it didnt go to auction... View More
answered on Sep 8, 2022
Wow. You probably did a very stupid thing by not stepping in. In a foreclosure, the secured and foreclosing party will bid as much but not more than what is called the upset price. That is the amount they are owed after fees and expenses. In a very hot market, especially with all the many varieties... View More
I have 2 siblings, both of which had separate judgements paid off by the estate when we sold the family farm. The siblings along with myself were listed as co-owners of the estate when my dad passed, so the judgements had to be paid before any funds from the sale were released. I shouldn't... View More
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answered on Sep 8, 2022
Take the net proceeds of the sale and add back the amounts of the judgements that were paid, then divide that sum by the number of equal shares. Each beneficiary’s share is that quantity less the amount of judgements paid on his or her behalf.
Also, VA property code must be added the claim. Additional statement must include language that communicate if a party dies what happen to the property.
answered on Sep 6, 2022
It depends on how the three grantees will take title/ownership. But, most importantly, you need a lawyer to draft the deed to make sure everything is done properly.
My 6 siblings and one will not get out for me to sell the house in virginia. What can I do without having to go through probate
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answered on Sep 2, 2022
Without Probate, the Will means nothing. Any of the Heirs as Tenants In Common can file a Partition action.
He has already been pre qualified and both will be on the deed but only my dad will be on the mortgage
answered on Aug 14, 2022
You need to consult counsel before anyone signs an offer on a home. Depending on the circumstances, it might be possible to contribute funds to the purchase, but I don't know what "brother dad" means; I can't determine from your question who is on the deed and who is on the... View More
My parents told me they wanted to leave me their house when they both past away. I sold my house and moved in with them. One year later my father pasted away and not even 2 months later my mom said that she wasn't going to leave me the house because she had 3 other kids to think about. Is this... View More
answered on Aug 14, 2022
Almost all contracts are verbal, either oral (spoken) or written. A last will and testament requires certain formalities, as does a revocable or irrevocable trust. Both must be in writing and signed. In spite of the absence of a written will, trust, or contract, in some instances a court can... View More
I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... View More
answered on Aug 8, 2022
You should provide to him a document expressly authorizing him to stay in your house to care for the same.
Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a... View More
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