Richard S Sternberg’s Answers

Richard S Sternberg

Washington Real Estate Attorney.

Contributor Level 8
  1. Can the PR sell the property before the probate has closed.

    Answered 11 months ago.

    1. David L. Carrier
    2. Celia R Reed
    3. Kari Dawn Coultis
    4. Richard S Sternberg
    4 lawyer answers

    Some of my learned colleagues from other jurisdictions have answered this, and you really do need to see a DC lawyer with some experience in probate. DC has a complex probate code and rule that changed significantly in the 1980's and in 1995. It matters when your decedent died. It also matters whether the estate is a supervised probate or an unsupervised probate. Finally, you need to look at your Letters of Administration to see if there are any bond-driven or other restrictions on your powers...

    1 lawyer agreed with this answer

  2. What is the max for rent increase from my landlord?

    Answered about 1 year ago.

    1. Brandy Ann Peeples
    2. Richard S Sternberg
    2 lawyer answers

    "Fair" in a capitalist society is the amount two adults agree is fair. Unless you live in a rent-controlled building, which is highly unlikely on these facts, you and the landlord define fair. For guidance, you might check the local market. Pick up rental brochures at the entrance to many grocery stores, or check ads wherever you might look for rental accommodations. Check the cost of a place in the same general location or equivalent with the same number of bedrooms, bathrooms, other rooms,...

    1 lawyer agreed with this answer

  3. If I have a will in place, will it still be necessary to name beneficiaries on policies, bank accounts, IRA's, etc?

    Answered about 1 year ago.

    1. Gene Edward Adkins
    2. Charles Adam Shultz
    3. Richard S Sternberg
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Necessary? No. If you have a Will in place, you can name "Estate of You" as the beneficiary and the funds will pour back into your estate. That is sometimes advisable. If you live someplace where there is an estate tax or you have enough of an estate that your heirs will be affected by an estate tax, there is usually a marital deduction or exemption. Routing money back into your estate can help fund a marital deduction trust and avoid significant taxes. There could be other reasons, too, such...

    1 lawyer agreed with this answer

  4. Does a master deed. Trump HOA if master deed says fee simple forever?

    Answered 10 months ago.

    1. Arnold Garson Cohen
    2. Richard S Sternberg
    3. Shawn B Alexander
    3 lawyer answers

    It depends on a number of factors. In theory, a deed to you in fee simple without restrictions, easements, or covenants cannot be changed retroactively without your written and recorded consent, except that there are a few real world factors that can change that theoretical answer. Just as one example, a condemnation or partial condemnation can do exactly what you've described. There may be others. The only decent answer is fact-based. You need to get a qualified lawyer, preferably one who owns...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Hello from the Nations Capital! Can a condo assn. change course & force everyone in the building to pay for new windows?

    Answered about 2 months ago.

    1. Richard S Sternberg
    1 lawyer answer

    Nobody can competently answer this question without a careful review of the condo bylaws. Perhaps you should form a dissident group of homeowners who have recently redone their windows and opposed the change. Then, it would be easier to afford representation. Perhaps, with skillful representation and a bit of local politics, you can float an alternative proposal for the condo to replace all windows not replaced recently and offer an assessment to provide a loan pool for owners who haven't...

    1 person marked this answer as helpful

  6. I was told that I need to write a letter to the court for a motion for authority to revoke disclaimers I am one of the heirs

    Answered 9 months ago.

    1. Richard S Sternberg
    1 lawyer answer

    What you need to do -- and fairly promptly -- is to see a qualified local lawyer before you lose your inheritance. I cannot entirely decipher your question, but it sounds like you have a fellow heir who is engaging in some form of possible fraud and has what seems to be your signature on a document that would permit the fraud to be completed. I can't tell if it's a renunciation of priority rights to be personal representative or a disclaimer of your inheritance, but I can't rely on your...

    1 person marked this answer as helpful

  7. How can I insure my parents inherit my ira if I predeceased them without risking that it winds up at a nursing home.

    Answered 10 months ago.

    1. Steven Andrew Krieger
    2. David Majors
    3. Richard S Sternberg
    3 lawyer answers

    The best way to control distributions in less statistically likely circumstances (such as your parents predeceasing you and applying the distribution from you to a Medicaid lien at a nursing home) is to use a trust that defines exactly how your money is to be used and what beneficiaries and limitations you prefer. In that model, you would list the trust as the beneficiary of your IRA, and then the trustee, following the trust instructions, would distribute. Those instructions could provide that...

    1 person marked this answer as helpful

  8. Do I need a real estate attorney?

    Answered 10 months ago.

    1. Timothy A. Dinan
    2. Peter J Weinman
    3. John W. Drury
    4. Richard S Sternberg
    4 lawyer answers

    You haven't described it very well, but it has the earmarks to sound like some of the scams I've read about since the real estate collapse. I agree with my colleague from Michigan who says that you can sue, but it's unlikely to be worthwhile. I also agree with my colleague from Staten Island, who notes it is likely a scam. I also agree that nobody should do deals like this without using real estate lawyers and depositing the funds with ***reputable*** title companies. I think you are better off...

    2 lawyers agreed with this answer

  9. Please help me. if you could answer the below questions i am asking on behalf of my hopefully-soon-to-be fiscal sponsor.

    Answered 11 months ago.

    1. Jonathan H Levy
    2. Luca Cristiano Maria Melchionna
    3. Richard S Sternberg
    3 lawyer answers

    I agree with my colleague. That description is useless, and I have no idea where to start to answer. But, I do know what you should do. Your "sponsor" says he can find a lawyer to address this issue pro bono. What you need is a lawyer to clarify and then respond to your questions and plan your charitable entity. Take your friend up on find a lawyer to sit down with you and define the issues.

    2 lawyers agreed with this answer

  10. I signed a real estate sale contract. Later, another better offer came in. Is there any way out of the prior contract?

    Answered 11 months ago.

    1. Peter J Weinman
    2. Richard S Sternberg
    3. Michael T Millar
    3 lawyer answers

    It starts and ends with the contract with a little touch of local practice mixed in. Can you breach a contract to take a better offer? Usually, the answer is -- quite surprisingly -- yes. But, your buyer can sue you to get the difference you thought you had made and/or for the amount they were damaged by the breach and/or in some jurisdictions for tort damages (beyond the contract) for intentionally breaching or interfering with other contract. Worst perhaps, the buyer might be able to sue you...

    2 lawyers agreed with this answer

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