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Questions Answered by Mark Oakley
1 Answer | Asked in Divorce for Maryland on
Q: My son died while separated from his wife for three years. Is she entitled to his estate

She left him for someone else and moved in with the other man whom she left after a few months. My son wanted a divorce but she did not as he was in the Air Force and wanted his benefits.

Mark Oakley
Mark Oakley answered on Dec 4, 2021

In Maryland, as in most states, a surviving spouse has inheritance rights to their deceased spouse's estate. Absent a divorce decree entered before death, or a signed property settlement agreement, or a prenuptial or postnuptial agreement, those rights remain intact so long as they remain... Read more »

2 Answers | Asked in Lemon Law for Maryland on
Q: Can I return a car that has a dent and sideswipe with rust on the side of it but I did not notice when I bought it
Mark Oakley
Mark Oakley answered on Dec 4, 2021

Unless it was sold as a new car, no. Buying a used car generally means "as is," unless there was an express misrepresentation of a material fact about the vehicle that you relied upon to agree to purchase it. An obvious visible defect that anyone could have seen had they looked would... Read more »

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2 Answers | Asked in Employment Law for Maryland on
Q: Can a former employer force me to reimburse them for equipment that was stolen by a third party?

I was responsible for the equipment in question. I left a backpack with some company equipment in my car and someone broke my windows and stole it. My contract states that I assume responsibility for lost/damaged equipment, and can result in disciplinary action up to termination. They also said... Read more »

Mark Oakley
Mark Oakley answered on Dec 2, 2021

You may get better answers from an employment lawyer as to what is or is not defensible in the context of employment law; however, assuming you had comprehensive auto insurance coverage on your vehicle, the theft of the items, and their fair market value, may be fully covered under your policy,... Read more »

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1 Answer | Asked in Family Law for Maryland on
Q: Are Co-pays considered extraordinary medical?

I am ordered to pay 50% over $250 of extraordinary medical. My ex sent me a bunch of receipts of nothing but co-pays ( for the month of Nov.) which for 1, doesn't even exceed $250 (total), and #2, are nothing but co-pays. Am I required to pay 50% of co-pays?

Mark Oakley
Mark Oakley answered on Dec 1, 2021

Yes, co-pays qualify as "extraordinary medical expenses" under the Family Law Article of Maryland, but only to the extent that they, together with all other qualifying expenses, exceed $250 per year. The text of the law is as follows:

Family Law Code, Section 12-201(g)...
Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Maryland on
Q: When referring to squatters, does the term “exclusive” refer to one person or a family as well?

For a squatter to possess property, it is required that they fulfill the requirements: Hostile, Actual, Open & Notorious, Exclusive, Continuous

The exclusive part is vague as it does not determine whether it is for exclusively one person or one party. Does this mean one family... Read more »

Mark Oakley
Mark Oakley answered on Dec 1, 2021

"Exclusive" in this context means exclusive of the owner's and other third parties' (unrelated to the squatter) possession or occupation, without permission of the owner (the owner is not in possession, and has not permitted or agreed to the presence of the squatters). The time... Read more »

2 Answers | Asked in Probate for Maryland on
Q: Hello, my question has a part one I am a license RE My client has a property working through pro-bate, I can I buy it

and stop the probate. Or will the client have to complete the probate process which just started on 11/22/2021. 2)The Deed is in the father's only. But he was married, and she has recently passed 11/14/2021. 3) The father's daughter's would like to just sell the property. But... Read more »

Mark Oakley
Mark Oakley answered on Dec 1, 2021

There is nothing that prohibits the sale of real estate by the Personal Repesentative of the estate, so long as the sale is either based on fair market value, or if not, then if all the heirs and other interested persons agree (typically, "other interested persons" means creditors if... Read more »

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1 Answer | Asked in Family Law for Maryland on
Q: what will it cast me to get a lawyer to represent me and my family for a court hearing friday march 4,2022 at 9:00 a.m
Mark Oakley
Mark Oakley answered on Nov 30, 2021

It depends on the type of case, the issues, and what the hearing is for, which determines how much time is needed to prepare for it. A pre-trial scheduling conference takes no more than an hour or so of time, while a 2 or 3 day trial on conested issues can take 40 hours of trial preparation and... Read more »

1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: Do You Have To Have A Claim Of Right Notarized In Maryland

Do You Have To Have A Clim Of Right Notarized In Maryland

Mark Oakley
Mark Oakley answered on Nov 26, 2021

The only "claim of right" I am aware of as far as that specific phrase goes has to do with income taxes. Maryland has issued an administrative release that details the process. Here is the link:... Read more »

1 Answer | Asked in Divorce and Child Custody for Maryland on
Q: My ex girlfriend and I live together with our two kids.It’s my house in my name. What rights does she have?

I want her to move out. I pay everything and the kids have my last name. What are my rights

Mark Oakley
Mark Oakley answered on Nov 26, 2021

You have two issues: a landlord/tenant issue, and a custody/child support issue. If there's domestic violence going on, that is a potential third issue, or one which could arise based on how she reacts to whatever it is you do about the first two issues. The good news is (for you), you are... Read more »

2 Answers | Asked in Consumer Law and Civil Litigation for Maryland on
Q: A car is under parent name, but I pay car note and insurance which is under my name

4 years ago, I traded in a car for another. It was put under a parents name. I pay the car note and pay for insurance which is under my name. I’ve been hearing that as soon as car is fully paid for, they are going to claim it stolen and take the car. They haven’t allowed me to update... Read more »

Mark Oakley
Mark Oakley answered on Nov 22, 2021

Gather all your evidence of payments, trading in your prior car as the downpayment, cost of oil changes and maintenence, insurance premiums and policies issued in your name, as well as any evidence of your continuous possession and exclusive use of the vehicle since it was purchased. They may have... Read more »

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1 Answer | Asked in Insurance Defense, Employment Law and Real Estate Law for Maryland on
Q: My car was broken into in front of my employer property while i was at work. Can i sue to force their insurance to pay?

My car was parked on the street, directly across from the University of Maryland capital region hospital in Largo, MD. I was on orientation and told to find a park on premises until i was given access to the lot. The thief stole over 3k worth of stuff that i had in two bags. The big ticket items... Read more »

Mark Oakley
Mark Oakley answered on Nov 19, 2021

File your claim under your comprehensive auto insurance coverage, which covers such things as losses resulting from criminal acts. You're wasting your time trying to prove liability against the owner of the location where your car was parked. They owe you no special duty to prevent criminals... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: What are some reasons that 2nd degree attempted murder can be minimized ?
Mark Oakley
Mark Oakley answered on Nov 17, 2021

Any answer is fact dependent. If you are facing a 2d degree murder charge, stop asking questions on a public forum and get a lawyer ASAP. Only a thorough review of the evidence in private will provide you with any useful information. If this is some academic question, then you'll need to do... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: My divorce pays $250 alimony married for 11 years being receiving this for 12 years it states family law 11-108

So when do alimony stops my last child is 16 with child support also

Mark Oakley
Mark Oakley answered on Nov 17, 2021

Review your judgment of absolute divorce and/or separation and property settlement ageement (if you have one) setting forth the terms of the alimony payment. Alimony can be for a definite terms, like 10 years, and then it ends, or it may be for an "indefinite" term, which means it... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Maryland on
Q: Appealing judge’s decision, how do I prep for court?

I received a citation for possession of a substance and I am now appealing the Judge’s decision. How do I prep for court?

Mark Oakley
Mark Oakley answered on Nov 17, 2021

You hire a lawyer. A lawyer is trained in the law, and a criminal defense attorney is specifically trained in preparing, arguing and defending criminal cases. You are not. An open-ended question like yours is the equivalent of asking how do you perform a surgical procedure on yourself. Lawyers... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: What are the rules governing proxy votes for HOA Board of Directors? Can a resident be a proxy for another resident?
Mark Oakley
Mark Oakley answered on Nov 17, 2021

Pursuant to the Maryland Homeowners Assocoation Act, Real Property Code, Section 11B-113.6(c)(iii), "Lot owners who are not present at the meeting may: 1. Vote by proxy in accordance with the requirements of the governing documents and this title; and 2. Be considered present for quorum... Read more »

1 Answer | Asked in Small Claims for Maryland on
Q: Can I go to small claims court?

I had planned to go on a beach trip with my ex friend and her family in December. I gave my portion of the payment of $616 to my ex friend on May 4th. She told me at anytime I changed my mind, I could get my money back. I notified her October 13th I would not be able to go as some other things came... Read more »

Mark Oakley
Mark Oakley answered on Nov 14, 2021

Her emailed response that she would refund you the money will help corroborate your claimed terms of the agreement that the money you paid was refundable at any time, but the "at any time" term is probably not one actually confirmed in the email--just that she would refund you the money.... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Maryland on
Q: What are the exceptions to the 3 year requirement for filing a law suit for breech of contract?
Mark Oakley
Mark Oakley answered on Nov 14, 2021

(1) the word, "seal" appears on, near or under th signature of the person signing the contract, which extends th SOL to 12 years in Maryland.

(2) the contract specifies a different SOL.

(3) the party suing is or was under a disability during the time the SOL was running,...
Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a convicted felon hunt in the state of Maryland with a bow?
Mark Oakley
Mark Oakley answered on Nov 12, 2021

Yes. All you need is a hunting license. Go here:

https://dnr.maryland.gov/wildlife/Pages/Licenses/hunting_permits.aspx

1 Answer | Asked in Child Support for Maryland on
Q: Court coming up and I’ve been struggling to pay my child support over the years from losing job or can’t hold on to it.

Court contempt. I have struggle with hdhd and stuff going up and I don’t know what to do in this pandemic. What should I do?

Mark Oakley
Mark Oakley answered on Nov 5, 2021

There is a financial statement form you can either download from the circuit court website from the family law forms, or pick up from the courthouse. There is a short and a long form version. I suggest the long form if you can manage it. Download the instructions for how to fill it out as well... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Must I allow the county government to inspect my rental unit for cleanliness? This was not my landlord but the county.

I am not a tidy housekeeper- but I don’t have any insects or anything like that - just unpacked boxes and bags of clothes. My building recently installed new fire alarms and thus, I had to let engineers in, they saw the clutter - today the county knocked and asked to come in and inspect- I would... Read more »

Mark Oakley
Mark Oakley answered on Nov 5, 2021

Clutter, especially stacks and piles of paper, cardboard and the like, is deemed a fire hazard, especially in an apartment building since so many other residents could be affected by it in a fire. The hazard is that paper burns fast and hot and dense stacks of it accelerates the spread and... Read more »

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