Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Cedulie Renee Laumann
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: After taking care of my roommate for 10 yrs and I was told to move out. What is my right?

have been leaving with my roommate who is the owner of this condo for 10 years. I have been told I need to move out. I do have a deed said if something happens to him j get this place. Now things have turned in a different direction. His daughter is planning on selling the place. I don't know... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 29, 2022

Generally speaking the rights of an occupant ("roommate") who is not an owner are based on the lease. If there is no lease, then one must move out after given proper notice to vacate. Legally speaking it doesn't make much difference if someone has lived in property for 6 months, 2... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Maryland on
Q: I'm looking for case law in Maryland that shows a Will take precedence over a beneficiary on a bank account?

If a person dies and names a beneficiary on a bank account that is different than what is in the Will, does the Will take precedence or do you have to take that person to court if they don't hand over those funds as it is laid out in the Will?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 8, 2022

The Will only controls assets the deceased person died owning.

With a beneficiary or payable on death designation, the title is transferred automatically to the beneficiary when the original owner dies (though practically the beneficiary may need to show the death certificate to confirm...
Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Aunt died intestate in the state of Maryland.

No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 18, 2022

If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Maryland on
Q: If my mother owned a property with my brothers name on the deed wbut says unto their heirs . Does this mean I have right

Do I have rights upon my mothers death as a heir

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 11, 2022

It would depend on the deed language. Two people (including a parent/child) can own property together with or without survivorship rights and the mere fact that the word "heirs" is in the deed doesn't tell the whole story.

View More Answers

3 Answers | Asked in Estate Planning and Probate for Maryland on
Q: What happens if someone refuses to sign probate papers?

Everyone has already appeared in Orphan's court and agreed to the administators. Bit now one person is refusing to sign the approval papers. Can the court make everyone proceed with probate?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 11, 2022

The Court does not need everyone's consent to "proceed with probate". Consent may affect whether or not the appointed person needs to post full or nominal bond.

The law sets an order of priority for people to serve as Personal Representative. When multiple people with the...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Divorce for Maryland on
Q: How can my ex husband take over the condo? He isn’t on the mortgage though! He won’t be able to refinance?

I am on the mortgage he isn’t. But we are both on the deed. What is the process of how he can take the condo from me and my name come off?

What happens if my mortgage loan is not assumable though and my mortgage doesn’t transfer to

Him?

Baltimore county signed off on... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 2, 2022

A names "comes off" property by a deed that gets recorded in Land Records. If this wasn't handled in the divorce, you may want to talk to a real estate attorney who can prepare a deed conveying to your ex.

A deed does not change who has responsibility on a mortgage, but...
Read more »

1 Answer | Asked in Divorce and Real Estate Law for Maryland on
Q: Can my ex husband who isn’t on the mortgage take over? We just got divorced

He isn’t on the loan but my name and his name is both on the deed. My name is only on the loan. How does this work if he want to take over the loan? He keeps telling me he can just take over the mortgage loan

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 1, 2022

Generally speaking someone cannot transfer ownership of property without paying off the mortgage balance in full. However, things are a bit different for a husband and wife. A federal law called the Garn St. Germain Act allows a spouse to essentially take over a mortgage for a home if they are... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Divorce for Maryland on
Q: If my ex husband isn’t on my mortgage but deed only can he take over my loan?

We are both on the deed. He isn’t on the loan but wants to take the condo over. I have a conventional loan only and I been researching this that this type of loan isn’t assumable. So how can he take over the loan? He can’t refinance the loan either can he?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 11, 2022

The general rule that mortgages are not assumable does not usually apply to situations where a spouse is getting a home. There is a specific federal law that allows a husband or wife to continue paying the mortgage in the ordinary course. To get more details you could contact an experienced... Read more »

View More Answers

2 Answers | Asked in Real Estate Law and Divorce for Maryland on
Q: My name is only on the mortgage my ex husband is not. but we are both on the deed. He wants to buy the condo.

He wants to take over the loan but he isn’t on the mortgage. Only the deed he is on, how can he take over my mortgage and take my name off?

My mortgage isn’t assumable. It’s conventional only. How can he refinance though if he isn’t on the loan?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 11, 2022

This question (or some variation of it) gets asked a lot.

The GENERAL rule is that a mortgage is not assumable. However, a federal law changes how the general rule applies in certain family situations involving residential property. When a home is transferred to a husband or wife, the...
Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Wife’s brother died. Before death he verbally said she could have a certain painting. Executor says no.

Nothing is in writing. We just want to know if the executor is telling the truth based on what the wheel says they won’t show us the will. Do we have a next step.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 14, 2022

In Maryland a Will is a matter of public record after the person who made it dies. The personal representative has an obligation to open the estate and identify both the people named in the Will to inherit as well as people who would inherit if there was no Will. Depending on who was in the... Read more »

View More Answers

2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I bought a property in a tax sale, there is no mortgage do I have to pay a transfer tax
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 14, 2022

Yes, transfer and recordation tax are due when the deed gets recorded.

Note that tax sales in MD require a foreclosure lawsuit before the county issues a deed. Purchasing at the tax sale auction is only the first step.

While not legal advice I hope this general information helps.

View More Answers

2 Answers | Asked in Estate Planning for Maryland on
Q: My uncle passed away without a will with minor beneficiaries. The executor of estate wants to buy property whats process

Executor is family member who is not a benficiary is this possible for fair market vallue, minor will be turning 18 before sale.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 16, 2022

The short answer to your question is "Yes, it is possible for the Personal Representative (Executor) to buy property from the estate.

So long as it is for fair market value (as your post suggests), the process is fairly straight-forward and involves deeding out of the estate. It is...
Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: My question would be What is the difference between power of attorney and an executor of the estate?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 16, 2022

A Power of Attorney gives someone else rights to manage financial affairs and property while the planner is LIVING.

In contrast, an Executor (Personal Representative) is appointed to manage the financial affairs and property after the planner dies.

While not legal advice, I...
Read more »

View More Answers

1 Answer | Asked in Tax Law for Maryland on
Q: I've been paying taxes on property for 60 years.. How can I get a reimbursement as they say I no longer own it?

We have been paying taxes for years and just found out the property is no longer ours. We've been paying taxes every year for over 60 years since the death of our father. How can I get my money back from the state of Maryland.. They sent me statements and accepted my money for property taxes... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

Generally speaking anyone can pay anyone else's property taxes... the state will not reimburse someone for paying taxes on property they do not own.

However, the question prompts another - how was there confusion on the ownership of the property? Tax bills show the name of the...
Read more »

1 Answer | Asked in Family Law for Maryland on
Q: I have joint custody of my children. If I think they are being physically abused is it ok for me not to return them to

Return them to their mother until I can get back into court? Can I be arrested for doing this?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

This question really needs to be posed to a family law attorney, in private consultation, who can look at the custody order and listen to the facts related to the possible abuse to see if an emergency petition is in order. Violating an existing court order can indeed cause someone to be held for... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Maryland on
Q: I'm settling my mom's estate in Maryland and gave the grandchildren her furniture. Do I need to hire an appraiser?

Used furniture - not antique.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

An appraisal is required for most tangible personal property that the decedent dies owning. Under Maryland law a Personal Representative can only value certain kinds of personal property (e.g., automobiles with a blue book value). Unfortunately furniture is not in the list of items a Personal... Read more »

1 Answer | Asked in Estate Planning, Insurance Bad Faith and Insurance Defense for Maryland on
Q: My father passed recently. He named me, his daughter, as beneficiary for his life insurance policy back in 2014.

He had to get his life insurance papework notarized due to state of Michigan retirement/pension rules, which he did, and then sent it in to be filed. In 2021, he remarried and went through the state of Michigan online system and put his new wife down as the beneficiary. He did not go through a... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

I am sorry to hear of the recent loss of your father.

The post states that the policy holder "went through the online system and put his new wife down as the beneficiary." That is almost certainly the answer to the question "who the true beneficiary is of his life...
Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: For a life estate deed, how do I describe the grantees? Ex: A is transferring to B for life of C with remainder to D?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

The Grantees are persons receiving an interest in property. So if B holds a life estate during C's life (it isn't clear why one would do this), "C" wouldn't be a grantee.

There are a variety of ways one can transfer lifetime interests in property, with a host of...
Read more »

View More Answers

2 Answers | Asked in Estate Planning for Maryland on
Q: executor is telling me we will need to transfer the $ fr. me &my moms joint account to estate.any legality if I don’t
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

As another attorney noted, the general rule is that joint accounts with survivorship rights pass to the survivor without going through probate.

However, there are some circumstances under which the general rule does not apply and funds in a joint account are construed as being held in a...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Maryland on
Q: Hello

Hey I have question, about year ago we made an offer on a house it was listed 80k and we made offer of 90k and Realestate agent told us someone offered 95k and their offer was accepted it was sealed offers, and we could not buy it, I just came across with that house again it says sold for 80 on... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 20, 2021

The initial contract price is not always the final sale price. While it is possible your agent lied, it is also possible that the Seller in fact accepted a higher offer and either the appraisal or an inspection caused a re-negotiation of the price before it got to sale. Because contracts,... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.