Ross Cameron Hart

I was born and grew up in the area - my family has served the legal needs of the area since 1892, over 120 years. My goal is to explain the legal process in plain English and to avoid the 'technical lawyer words' which only confuse many people. The primary focus of my firm is now "Elder Law" which broadly includes estate planning, Nursing Home admissions and Medicaid applications and adult guardianship. After a family member dies, we advise and assist in the estate administration process. In short, we help families plan and deal with aging and death and navigating the legal system.

Elder Law

Probate

Probate Administration, Probate Litigation, Will Contests

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

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• Rates, Retainers and Additional Information
  We charge a modest consultation fee which is less than half of the normal hourly rate for professional services. Our consultation usually takes an hour and frequently provides advice and information that the individual can use immediately. The fee for continued services is discussed at the consultation.

Virginia

Since 1976

4th Circuit

Since 1981

Owner/President

Hart & Hart Attorneys Ltd

1976 - Current

Family firm begun by my grandfather and his brother (Hon. John L. Hart) in 1892

University of Virginia School of Law

J.D. (1976)

1973 - 1976

Monmouth College

B.A. (1973) | Business Adm

1969 - 1973

SuperLawyer

SuperLawyers

2019

First listed as SuperLawyer in 2019 and annually since. Recognition of top 5% of lawyers in field of law

Chapter Member of Year

Virginia Academy of Elder Law Attorneys (VAELA)

2018

VAELA is a group of around 200 lawyers focusing on Elder Law; award recognizes member of chapter who contributes time, expertise, etc. for the chapter and other members.

Pro-bono Award, 2008 (23rd Circuit)

Virginia State Bar

2008

Award for pro-bono (low income clients)

NAELA

MEMBER

2008 - Current

Virginia Academy Elder Law Attorneys

Director

2008 - Current

Salem/Roanoke County Bar Ass'n

Member

2004 - Current

Virginia State Bar

Member

1976 - Current

Q. Would I have claim to land previously owned by my family based on wording in original owner's will?

March 20, 2023

A: Nope. You don't have any claim at all based on the facts you've given. That little word 'assigns' means people that ancestor may sell the land to. He sold it. There is also an obscure real estate rule called the 'Rule against Perpetuities' which, in very very simplistic terms, means that one can't tie up land for more than approximately 121 years (actually less, but that's an outside number)

Q. living in Virginia, yearly lease end 03/30/23 and I gave the notice on 02/20 but landlord said my vacate date 04/20

March 15, 2023

A: Read your lease. Some leases have an extended notice period such as 60 days (which your landlord is telling you). Your lease controls if it was written correctly. In leases I've drafted the following paragraph was included: ;;; YOU and WE may terminate this lease by giving to the other party written notice of YOUR or OUR intentions at least sixty (60) days before the date this lease is to end. If nobody gives notice, then at the end of the lease term, this lease continues on a month-month basis at the same monthly rental then in effect. The effective date of all termination notices shall be the last day of the second month following the month in which notice of termination is given (EXAMPLE: Notice given June 15th will be effective August 31st.) ;;; Yes, I included the example so it was clear how notice was interpreted.

Q. I moved out before the end of the lease and keep paying rent but the landlord does not look for a new tenant. Can I sue?

January 31, 2023

A: You may be entitled to a refund for the period after the landlord began renovations of the rental unit. There is a difference between 'renovations' (serious work such as upgrade kitchen, bath, etc) and 'turnover' (new paint, possibly replace old carpet, etc). Also consider the cost of suit - you have to make sure you sue the right entity (landlord may own unit in a company name) and it's likely you will have three trips to the courthouse - first to file suit; second to show up on the 'return date' which schedules for the third time, the trial. You may need witnesses, and you'll certainly have to have proof of landlord's actions after you moved out. If you're paid hourly, consider those hours as a cost of suit - and the court cannot pay you for your time to go to/from court.