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

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

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

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. How does the law apply when someone dies and a executor is named, then one of the heirs dies before the estate is

11 February 2021

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?

5 February 2021

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?

4 February 2021

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'.