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.

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  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. Virginia Estate distribution to heirs:there were 3 siblings, no other family, spouse or children. That is a 33.3% split

December 4, 2024

A: Your question is not clear; I see two possibilities.

1) Parent (P) dies without a will, no spouse surviving. P had three children (A, B & C) ; one of the three children (C) died leaving three children of their own (M, N & O). A & B each get 1/3 of the estate; M, N & O get 1/3 divided among them, or 1/9 each.

2) Only A, B & C as above; C dies leaving M, N & O. M, N & O divide C's estate at 1/3 each; A & B don't get anything.

Q. What should i do in this situation.

October 26, 2024

A: First, I congratulate you for saving the money until the mess was straightened out. I've seen too many instances that wasn't done. The only change to that is I'd have suggested you open a special savings account and put your rent into it each month - if you ever had to prove your good faith to a judge that would be a slam dunk.

If both your original landlord and the guy who bought it at the tax sale will sign a letter of instruction to you saying how to pay the money you should be covered. My guess is they had lawyers involved and one of them can write the letter. Bonus points if signatures are notarized, but it isn't necessary.

You can also ask if you can put both names on the check - then they can both endorse the check and divide the money however they want.

Finally, you might want to consult a landlord-tenant lawyer in your area for advice. there is a procedure where you pay the money to the court and a judge decides who gets what.

Good luck. ... Read More

Q. What is the law regarding adverse possession of property bordering our property?

September 15, 2024

A: While your facts appear to support your claim of adverse possession, and there is a reasonable likelihood of success, it's not easy or clearcut. Simply, you need to get a lawyer on board - if only for advice - and see what else you need to do to cement your claim.

Adverse possession requires a number of elements: "Time" (your facts say you have this); "Open and Notorious" (anyone can see you claim it); "Exclusive" (the fence helps here); 'Hostile" (meaning you claim the right to the property ahead of anyone else to the point of evicting those who transgress the property line). The one you may have trouble with is the last one: "Claim of Right" -- this is where you point to the starting point of the possession and have some sort of document on which you base the claim - even if the claim is mistaken (the 'time' factor can cure the mistake).

My suggestion is get to an experienced lawyer and find out if you need to do anything else to strengthen your claim of ownership. In addition, rather than run to the courthouse to file suit to establish your claim, it may be better to continue to 'lay low' and if someone else wants to claim the property let them proceed with the burden of proving their claim is better than yours. ... Read More