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Questions Answered by Mark Oakley
1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Can you get in trouble for being with one another

It's a second degree assult case where my boyfriend and I were fighting police got involved and he got arrested the judge told him he wasn't allowed to contact me but I have contacted him can he get arrested if we get back together since I contacted him not vise versa

Mark Oakley
Mark Oakley answered on May 17, 2022

Yes, he is violating a condition of his release on bond by having contact wth you. It does not matter that you are the one who initiated the contact. Of course, the police likely have no way to know about any contact, until the two of you get into another fight and police are called again, and... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: Do i have to respond to a discovery request while im in the middle of switching lawyers
Mark Oakley
Mark Oakley answered on May 17, 2022

The procedural rules do not have an exception in their time deadlines for switching lawyers. Written discovery responses are due 30 days after service of them upon you. That said, the discovery deadlines in most cases in circuit court can encompass a 4-6 month range, and it is common for parties... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Outstanding dental balance question.

I recently received the bill from my dentist whose services I used until May, 2019.

The bill included services that were done from December 2017 to May 2019. Since the accuracy of billing had always been a concern of mine I’m going to check the dentist office number.

But before I... Read more »

Mark Oakley
Mark Oakley answered on May 16, 2022

It will depend on whether each of the dental procedures were either (1) part of a single overall plan for one total price that took multiple procedures to complete, or (2) whether each procedure was a separate unrelated dental procedure with a price charged for each. In the former situation, the... Read more »

1 Answer | Asked in Energy, Oil and Gas and Environmental for Maryland on
Q: Is owner of rowhouse with 2 mth old oil spill in basement responsible for adjacent rowhouse being unlivable due to smell

The rowhouse homeowner was doing renovations & hired a contractor to remove the old oil tank in the basement. They dropped the tank and oil spilled on basement floor. The smell permeated the walls of the adjacent rowhouse causing an overpowering smell. The dog began throwing up. The 6-month-old... Read more »

Mark Oakley
Mark Oakley answered on May 16, 2022

I assume you meant St. Charles, Maryland, and not Missouri. First, try calling the county department of the environment or health department to report the toxic spill and contamination affecting neighboring properties and health.

Second, call your homeowner's insurance company and...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Can my former employer prohibit me from talking to current employees?

I quit do to family issue. It was abrupt and I sent out a message to apologize for my sudden departure. A GM I trained reached out to me and asked for advice. I told them my advice and some other things they should be mindful of. Today my DO who had not said a world to me when I left due to family... Read more »

Mark Oakley
Mark Oakley answered on May 14, 2022

He can send you texts, letters and talk to whomever he wants. You can do the same. Unless you signed an NDA, the only thing to worry about is a defamation suit--and the truth of what you say is a complete defense to a defamation claim. If you signed an NDA, have a lawyer review it to determine... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: If fleeing from police on foot and officer is hit by a car is the suspect responsible and what charge would they face
Mark Oakley
Mark Oakley answered on May 13, 2022

Typically, unless you directly interracted with the officer in the incident that caused him injury (like dragging the officer whose arm was in your car as you sped off, of attempting to swerve into him during a car chase that caused the officer to lose control of his vehicle), then I do not see a... Read more »

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1 Answer | Asked in Business Formation for Maryland on
Q: trying to write articles of conversion for llc - it's been rejected twice. I don't understand what they are asking

This is in MAryland

1) Article III does not meet the 4A-1103(c)(3) requirement. You must specifically state that the conversion was approved according to the provisions of the subtitle. You have not cited the subtitle.

2) Article IV appears to be copied and pasted from... Read more »

Mark Oakley
Mark Oakley answered on May 11, 2022

Perhaps it is time to pay a lawyer to do this for you. This is not a forum to request that lawyers draft documents for you as their answer, and the only way to see how your specific document fails to comply with the code requirements is for a lawyer to read what you have drafted, and compare it to... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: My mother passed away April 10th in Maryland

My mother passed away April 10th, I went to the court and found out that she had a Will. Looking at the Will I noticed that I was not listed at all on the WILL and as being her only child I found that odd. when she became sick she made her friend her POA, she felt she was able to be there for her.... Read more »

Mark Oakley
Mark Oakley answered on May 7, 2022

I am very sorry for your loss, and to then have this situation present itself during this time. Consult with an experienced lawyer to review in private the Will, the circumstances under which it was created, and to review the available information on your mother’s mental capacity at the time it... Read more »

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1 Answer | Asked in Family Law for Maryland on
Q: What do I do if I need to sue someone or something but my parents do not support me?
Mark Oakley
Mark Oakley answered on May 6, 2022

If you are a minor (under 18), then you lack legal capacity to sue in your own name, but require a legal guardian like a parent. If you are close to 18, you can just wait out your 18th birthday. The statute of limitations for filing a lawsuit on a cause of action that accrues before you turn 18,... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Maryland on
Q: CAC (federal) ID application with a misdemeanor conviction (10 years ago)

Situation: In 2007, two counts of assault convictions were made (total 120 days sentence, suspended). All fines and parole were finished in 2009. No other charges convictions exist.

Now 2022, Applying for CAC ID with a fingerprint for federal access. Tier1 position previously NACI (low... Read more »

Mark Oakley
Mark Oakley answered on May 6, 2022

The FBI performs all criminal background checks for federal agencies, and they use the FBI's internal (non-public) database (which is different from the FBI nationwide database generally used by state and local law enforcement and private employer background checks). The distinction is... Read more »

1 Answer | Asked in Business Law for Maryland on
Q: I am separating from a business partnership and want to know if I am liable for business debt.
Mark Oakley
Mark Oakley answered on May 5, 2022

If it is a general partnership, and not a limited liability company or corporation, then all partners are equally and personally liable for the debts of the partnership, subject to any partnership agreement or withdrawal agreement between the partners as to indemnification or contribution toward... Read more »

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: My neighbor is claiming that my fence and HVAC air handlers are on her property. Fence was installed over 20 years ago

The county does not have an actual plat map or site plan for the property. The fence was in place when we purchased the home and assumed to be proper property line.

Mark Oakley
Mark Oakley answered on May 4, 2022

(1) Hire a licensed land surveyor and get a definitive determination of your property boundarie. If that shows the fence and hvac are on your land, provide your neighbor with a copy and make it clear the matter is settled as far as you are concerned.

(2) If the survey shows the fence and...
Read more »

3 Answers | Asked in Real Estate Law for Maryland on
Q: I have a sales contract for my house. I wrote the contract with the Disclosure for an as-is sale. Buyer rejects

There are multiple initials and signatures missing from the contract, including hers is missing on the page noted above (AS-IS). Post-inspection and appraisal (for a USDA loan), she states that that disclaimer is not part of the contract, and means nothing.

In an addendum, different... Read more »

Mark Oakley
Mark Oakley answered on May 4, 2022

When a purchaser presents a contract to you, that is what is called an "offer." It's terms and addenda may not match the terms and addenda of your initital listing. The seller has options at that point: (1) reject the offer; (2) accept the offer; (3) counter-offer by accepting... Read more »

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1 Answer | Asked in Real Estate Law and Construction Law for Maryland on
Q: Maryland subcontractor claims contractor didn't pay what is the statute of limitations for him to file a lawsuit?

I am a contractor in Maryland and a subcontractor says that I owe him for work performed. His invoices date from April 2019 to December 2019. What is the statute of limitations and does it apply to each invoice or does it apply to the last invoice which would include all of them? Thank you

Mark Oakley
Mark Oakley answered on May 1, 2022

Generally, the SOL runs from the date of breach of a contract, or from the last date the money became due and remained unpaid. Sometimes, that is harder to nail down in some cases, and may depend on whether the subcontractor's claim is based upon a single contract to provide labor and... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: If an agreement between 2 parties was signed and dated, is this considered a legal and binding document?

My ex-wife and I created an agreement before divorce and it included the proceeds from the sale of a property. If this property is sold, the proceeds would be split 50/50. we both signed and dated this agreement at the time. it was also added to the divorce decree as well. would this be considered... Read more »

Mark Oakley
Mark Oakley answered on May 1, 2022

It certainly sounds so, and if it was incorporated (but not merged) into your judgment of absolute divorce then it would be enforceable by contempt proceedings under the judgment as it now has the force of a court order. Obviously, without reviewing the agreement for any other issues, no lawyer... Read more »

1 Answer | Asked in Wrongful Death for Maryland on
Q: How long after death can you file for wrongful death?

My son was killed 15years ago.The killer is in jail now.

Mark Oakley
Mark Oakley answered on Apr 28, 2022

3 years for a wrongful death that occurs in Maryland. There are no exceptions, as the time limit on commencing suit is deemed part of the substantive cause of action. I am sorry for your loss. Unless the jailed killer has assets, I do not see how you would satisfy a judgment even if the claim... Read more »

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: My sister is a personal guardian appointed by the court for an elderly with dementia- however she is also advancing age

She wants to be relieved from the guardianship - how do you go about it?

Mark Oakley
Mark Oakley answered on Apr 26, 2022

She files a petition to resign, preferably simultaneously with another appropriate person petitioning to take her place, with the agreement of all other "interested persons" entitled to act as guardian under the statute. If there is no such person, then the court will have to appoint... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: I completed an online will, but my bank does not notarize wills. In Maryland, where can I get this will notarized?
Mark Oakley
Mark Oakley answered on Apr 23, 2022

A Will does not require notarization in Maryland, and in fact, signing before a notary public alone is insufficient to make a valid Will in Maryland. To be valid, a Will must be in writing, and signed by the maker in the presence of two witnesses who also sign the Will in the presence of the maker... Read more »

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: In MD can I use my llc to run an apparel store and for a self nail salon? Do I need 2 trade names under the llc?

I use my llc to run my apparel store but I want to start a self run nail business and I don't want to start a new llc. Can I use the llc to parent the 2 companies ? Do I need to purchase a trade name for each or can I just do one for the nail business and continue operating the llc apparel... Read more »

Mark Oakley
Mark Oakley answered on Apr 15, 2022

Most LLC articles of organization contain a purpose clause that authorizes the LLC to engage in any lawful business or activity, but unless the articles strictly limit the business activity of the LLC, then the LLC can run any type of business it is otherwise lawful for anyone to engage in. The... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Is a spouse (no issue) entitled to the $10k family allowance if they renounce the will and take the elective share?

The husband's will left the spouse less than 25% of the residual estate. She has elected to take the elective share (50%) and has filed the necessary documents to do so. Is the Executor still required to pay her the $10,000 family allowance?

Mark Oakley
Mark Oakley answered on Apr 15, 2022

Yes. The alowance is in addition to the elective share. In adition, you reference the elective share "of the residual estate." The elective share is against "the value of the estate subject to election, reduced by the value of all spousal benefits" where "spousal... Read more »

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