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1 Answer | Asked in Estate Planning for Virginia on
Q: I am the executor of my aunts will divided as follows- my father 35% Me 35% brother 1 15% brother 2 15%

Father passed a month after aunt did. So where does his portion go, his wife is still alive. And if it goes to 'him' does it go to my mother (his wife) or to my fathers estate?

James H. Wilson Jr.
James H. Wilson Jr. answered on Aug 11, 2021

If a Virginia resident dies intestate - without a will, his or her assets, including the present right to an inheritance, are part of his or her estate and would pass, if at all, according to the law of intestate succession, as administered by the personal representative of the estate - an... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: What are the rights of a Home seller and their possessions still in the house after closing?

80% of my parents belongings are still in their house they just sold to their granddaughter. They don't have free access to it and were told to be out by the end of Aug. My parents are in their 70's. My dad is a Vet and receives disablity, has cancer and has 2 bad knees and back. My mom... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 9, 2021

This doesn't make much sense. They sold their home to their granddaughter and they are in it until the end of August but they don't have access to it. They are paying rent but there is no lease mentioned and they are living with you. I think you need a consultation to review the facts... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Landlord is not renewing the lease because she wants to offer to new tenants. Is this ok during Covid?

Our lease is up at the end of August. Over the past 3 months we have been paying the rent a little later in the month because I lost my job due to Covid and have not received my unemployment benefits. We are never more than a month behind in rent. We have 3 school aged children and the landlord... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 8, 2021

In Virginia, there is currently no prohibition for a landlord offering a residential rental property to a different tenant at the end of the lease term. The current prohibition is for an eviction of the current tenant.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Landlord in VA. Tenants signed 12 month lease & stopped paying rent. Utilities are In my name. Can I shut off internet?
F. Paul Maloof
F. Paul Maloof answered on Aug 7, 2021

In Virginia, there is a prohibition for a landlord who is a party to a residential lease to take any self-help actions toward the tenant. A Judge may very well interpret the shutting off of the internet as self-help and impose a sanction on the landlord for such conduct.

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1 Answer | Asked in Immigration Law for Virginia on
Q: I have question related to my fiance visa. I would like to know if there is a way to faster the process

My case currently is at uscis

Agnes Jury
Agnes Jury answered on Aug 6, 2021

It is possible to request to "expedite" your petitioner but there are limited basis to do so. See here: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

If you try to make the request, I would recommend hiring an attorney to help you give it the best try.

Best wishes!

1 Answer | Asked in Environmental and Personal Injury for Virginia on
Q: I’ve used their conditioners everyday for years. The tea tree mint and argan oil of Morocco.
Tim Akpinar
Tim Akpinar answered on Aug 6, 2021

A Virginia attorney could advise best, but your post remains open for four weeks. If you are inquiring about a product-based matter, you could reach out to attorneys under the Products Liability heading (see the Find-a-Lawyer tab above). You could also search attorney listings independently. Good... Read more »

1 Answer | Asked in Products Liability and Small Claims for Virginia on
Q: How can I get a settlement on this case because I have used these products for awhile now and I have had some hair loss?
Tim Akpinar
Tim Akpinar answered on Aug 6, 2021

A Virginia attorney could advise best, but your question remains open for three weeks. As a starting point, you could research online whether there are any law firms handling cases for the products that were involved. With some product liability law firms, this can change from month to month - the... Read more »

1 Answer | Asked in Copyright for Virginia on
Q: I received a letter in mail from Lawyer firm representing their client about violation of copyright issue.

another company (i hired) added images to my social media business site. they retrieved images from free images website but they didn't link image to creator of image from my business site. The Law Firm wants to resolve matter outside of court because I didn't have a license to use... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 5, 2021

You need to consult with an attorney as soon as possible

1 Answer | Asked in Family Law and Child Custody for Virginia on
Q: Can My Father Still control what I do at 18 years of age?

I'm 18 years old and live in Virginia. I want to move in with my aunt but my Dad says I can't and that he can still control what I do and where I live, is this true? Can he really still control my life? Will I have to take him to court?

Michael Christopher Miller
Michael Christopher Miller answered on Aug 5, 2021

If you are 18, you can live wherever you want.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Does tenant at sufferance apply in Virginia?
F. Paul Maloof
F. Paul Maloof answered on Aug 3, 2021

In Virginia, the law recognizes a tenant at sufferance or a holdover tenant.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can tenant terminate lease agreement to avoid last full month payment?

After renting a condo for 5 years, the tenant is moving out. To avoid paying the last full month rent she sends termination notice and pays only prorated first five days of rent.

F. Paul Maloof
F. Paul Maloof answered on Aug 2, 2021

In Virginia, a tenant has no right to pay a pro-rated rent for part of the month, even the last month after givign a 30 day written notice to terminate the month-to-month lease.

1 Answer | Asked in DUI / DWI, Employment Law, Estate Planning and Real Estate Law for Virginia on
Q: What comes out in discovery during a lawsuit?
Richard Sternberg
Richard Sternberg answered on Aug 1, 2021

The answers to the interrogatories asked, the documents subject to a document request, the admissions that the parties make in response to requests, the oral answers to depositions of parties and witnesses, and the documents and things that are sought to be examined. What those things are is... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: we are buying a property that has a tenant leasing the property, we want to move into the property ourself and do

some renovations, how much notice do we legally have to give to the tenant to vacate the property.

Steven Krieger
Steven Krieger answered on Aug 1, 2021

If you're in VA, it depends on when the lease ends. Moving into the property itself is not a basis to evict the tenant if there's a valid lease in place. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If I have text messages from the landlord saying the house was ready but when I moved in the septic tank was no good

And the county is saying to get out can I be reimbursed for the expenses of my deposit and moving expenses if there’s no written lease but I have text messages saying I could move in?

F. Paul Maloof
F. Paul Maloof answered on Jul 31, 2021

In Virginia, if the County has condemned the premises, you must leave the premises. As for the reimbursement of the expenses, you will have to make a claim in the Court in the jurisdiction in which the premises is located and seek a judgment against the other party. You will have the burden of... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can my landlord change previously agreed upon written rental price and terms after they notified me initially by mail?

My apartment was sold and they are planning a renovation of our kitchen and bathroom over the course of 1.5 months. I received mailed written notice that I had 30 days to choose one option:

1. Continue to rent apartment during rental at current rental price ($730) during renovations, sign... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 29, 2021

In Virginia, one party to a written residential lease for a specific Term cannot unilaterally change the terms of the lease unless the other party to the lease agrees to the changes in a written document. Based on your reported facts, it appears that the landlord is attempting to change the... Read more »

1 Answer | Asked in Contracts for Virginia on
Q: I breached an NDA and I got a cease and desist, how can I save my business
Steven Krieger
Steven Krieger answered on Jul 28, 2021

It really depends on the content of the NDA and what you have done. Maybe it wasn't even a breach. You probably want to hire an attorney to review the NDA and the cease and desist letter. I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Estate Planning for Virginia on
Q: Hi. My father recently passed away and myself and my sister are his heirs. There is no will. What do we do from here?

There are 2 properties in Puerto Rico in his name of which one shows his ex-wife listed. He divorced many years ago and to my knowledge there was a separation of their properties done. Where can we gain the knowledge of whether or not the property is indeed his ex wife's as well? Also, what... Read more »

Richard Sternberg
Richard Sternberg answered on Jul 27, 2021

It very much matters where your father was domiciled when he passed. You should consult counsel licensed in that state. If the only assets are Virginia real estate, you might avoid formal probate, but, in all likelihood, you'll need a probate in Virginia and an ancillary probate in Puerto... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: If I represent myself on traffic charge and found guilty can I ask for an apeal to get a lawyer ?
Paula Hough
Paula Hough answered on Jul 27, 2021

Yes. You have 10 days from the date of your conviction to appeal your case to the Circuit Court. You can hire an attorney to represent you on that new court date.

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Virginia on
Q: I'm looking for a legal service to take on joint partnership in a fixit upper property. My partner is refusing to sell.

I bought a fixit upper property from an auction with a partner to fix the house and sell it. After remodeling the house, my partner rented the property for the last 5 years to 3rd. party and refused to sell nor give me my share of the rental income. The deed in both our names half and half.... Read more »

Richard Sternberg
Richard Sternberg answered on Jul 26, 2021

If this property is in Virginia, the correct pleading is a Petition for Sale in Lieu of Partition, and, under Virginia law, the legal fees are paid off the top from the sale. As such, most attorneys will want some form of retainer to cover the initial fees, but those can be reimbursed at the end,... Read more »

1 Answer | Asked in Family Law for Virginia on
Q: I have 3 children give and under the age of 5, the father live over 1,000 miles away. Am I responsible for communication

Do I have to call him or does he need to call the kids since he left?

James H. Wilson Jr.
James H. Wilson Jr. answered on Jul 26, 2021

An important factor in custody and visitation disputes between fit parents is the propensity of each parent to allow the children to have a relationship with the other parent, in fact, ideally, to promote that relationship. Visitation is a privilege, not a responsibility. No one can make a parent... Read more »

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