Ross Cameron Hart

Ross Cameron Hart

Hart & Hart Attorneys Ltd
  • Elder Law, Probate, Estate Planning ...
  • Virginia
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Biography

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.

Practice Areas
    Elder Law
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Jurisdictions Admitted to Practice
Virginia
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4th Circuit
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Languages
  • English: Spoken, Written
Professional Experience
Owner/President
Hart & Hart Attorneys Ltd
- Current
Family firm begun by my grandfather and his brother (Hon. John L. Hart) in 1892
Education
University of Virginia School of Law
J.D. (1976)
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Monmouth College
B.A. (1973) | Business Adm
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Awards
SuperLawyer
SuperLawyers
Recognition of top 5% of lawyers in field of law
Chapter Member of Year
Virginia Academy of Elder Law Attorneys (VAELA)
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
Award for pro-bono (low income clients)
Professional Associations
NAELA
MEMBER
- Current
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Virginia Academy Elder Law Attorneys
Director
- Current
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Salem/Roanoke County Bar Ass'n
Member
- Current
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Virginia State Bar
Member
- Current
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Websites & Blogs
Website
Hart & Hart Attorneys Ltd.
Legal Answers
125 Questions Answered
Q. How does the law apply when someone dies and a executor is named, then one of the heirs dies before the estate is
A: In addition to specific language - or lack of it - in a will, timing can be important. If (as in your question) an heir dies after the original decedent, then the interest goes to the heirs of the deceased heir. If, however, someone ('H') named in a will dies before the testator, then if 'H' is related to the testator ('descended from the grandparents of the testator') then H's heirs get H's share UNLESS the will says that H must survive Testator. If H is not a relative the share lapses UNLESS the will says to H's heirs. This is why lawyers get the big bucks.
Q. In Virginia, can an owner of several lots develop a recorded easement that crosses over multiple the lots he owns?
A: I agree with Mr. Sternberg - you can basically create easements for benefit of some or all lots. Make sure that each user of the easement shares in the cost of upkeep. You'll need an experienced real estate attorney to help you draft something that works well
Q. If a spouse dies, can the husband or wife sell the home and collect all the proceeds if both names are on the deed?
A: I'm restating your question: 1) Husband and wife own real estate. 2) the deed to husband and wife conveyed the property and included EITHER of the following two phrases: "Husband and Wife as Tenants by the Entirety", OR "H & W as Joint Tenants with right of survivorship" The answer to your question with either of the above two is "Yes". Absolutely. 3) If the deed did not have either of the phrases in 2), then they each owned 1/2 and, depending on other factors not in your question, the answer becomes 'maybe'.
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Contact & Map
HART & HART ATTORNEYS, LTD.
40 W Main St
PO Box 567
Salem, VA 24153
Telephone: (540) 375-3281
Fax: (540) 375-7677
Monday: 9 AM - 4 PM
Tuesday: 9 AM - 4 PM
Wednesday: 9 AM - 4 PM
Thursday: 9 AM - 4 PM (Today)
Friday: 9 AM - 1 PM
Saturday: Closed
Sunday: Closed