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Questions Answered by Cedulie Renee Laumann
3 Answers | Asked in Estate Planning for Maryland on
Q: If I leave anything in my estate planning to my mother, can her husband (my stepfather) claim any of it as her spouse?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 13, 2023

Generally speaking Maryland law does not give anyone the right to demand an inheritance going to anyone else, even their spouse. That said, depending on how planning documents are drafted and order of death, sometimes people do wind up with an inheritance intended to go their spouse.... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: Hello, I am attempting to make sense of what rights I may have as tenants in common with my brother in my fathers's Will

In the Will, he states, "I give and devise unto my wife my real estate [home address] for the remainder of her natural life, or until she shall decide to reside elsewhere on a permanent basis, or until she shall remarry...she shall pay all maintenance cost, insurance, and property taxes at her... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 5, 2023

Hi and thanks for posting a real estate question.

The first variable is whether your father's wife is still living. This appears to be a life estate to your father's wife, with the life estate ending if the life tenant moves out or remarries.

You describe a position...
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1 Answer | Asked in Family Law for Maryland on
Q: I am currently taking care of my siblings, but their father recently hinted that he wants to take them. What can I do?

My mother passed 2 years ago. About 2 months after their father left the house and has not been back. I used my life insurance money to take care of them, but the money has ran out. Now he pays the bills of the house. Even when my mother was alive I raised the children so he tries to manipulate me... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 24, 2023

Whatever informal arrangement might exist, formal custody is determined by the courts. You're asking questions that really would benefit from sitting down and consulting with a family law attorney who can go over all the specifics of your situation and the options to seek formal guardianship... View More

2 Answers | Asked in Business Formation, Contracts, Trademark and Intellectual Property for Maryland on
Q: I’d like to trade mark “Train Like A Freak.” I’d like to trademark it as a “lifestyle” slogan for serious gym goers

Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?

Thank you kindly for your time in this matter

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 24, 2023

The law prevents attorneys from "price fixing" or agreeing to charge a uniform fee for services so this is not the place to get an answer on fees. That said, I can understand your desire to get a sense of what costs might be involved before you retain an attorney. Some firms might... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My daughter has an issue with rodents in her apartment. After 3 wks of run around she gave 30 day now they want 60!!

We have tried to be patient with the scheduling but many times they do not show up or its a week later. My daughter hears the rodents in her kitchen nightly! She decided to give her 30 day notice and move. The manager states she has to give 60 days notice therefore locking here into an... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 17, 2023

Generally speaking the right to get out of a lease is set by the lease.

That said, Maryland offers a procedure called "rent escrow" when a landlord refuses to repair serious issues. Although the landlord may not voluntarily let a tenant out of a lease early, if the conditions...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: What legal actions can I take against my children’s father for neglect and abandonment in Maryland?

I am currently Homeless I have two small toddlers, and I am currently pregnant. The father of my children refuses to provide any help and does not pick the children up one days he said he supposed to. He does not send financial help, and he is verbally, and sometimes physically abusive to me. What... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 17, 2023

First, if you are homeless with children the immediate need would seem to be to secure housing for your family. A variety of government and non-government agencies are available to help. The local Department of Social Services may be a good place to start, or you may want to reach out to an... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How long does my property management company have to submit documents per MD. Code, Real Property § 8-212.4?

The documents were never provided at the beginning of the lease. I requested the documents in a written letter on 3 March 2023. I still have not received the documents. I advised in the letter that I would pay my utilities once the documents were received. Another bill is now forthcoming. I intend... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 10, 2023

The code section you reference applies to ratio billing systems (in other words utilities that are not separately metered but instead allocated amongst tenants by the landlord). According to the code, certain information about same must be provided to prospective tenants before a lease starts.... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: How do I get my daughter’s name removed quickly from a house we own jointly? Daughter in agreement. No Mortgage
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 29, 2023

This would be done by a no consideration deed. To do this "quickly" you'd likely want to find a law firm who can record electronically which speeds up the process considerably. Charles County does require a lien sheet before any deed can be recorded.

I agree that a real...
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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: My hot water is not working in my rental since 2/28/23. Informed management company on 3/1/23. Plumber came to premise

on 3/1/23. Ordered part. On 3/6/23, part not in and still not hot water. We are up to date in rent. Is there a recourse?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 6, 2023

When essential items like hot water or heat are not provided, a tenant can seek "rent escrow" through the district court. Naturally a tenant can start outside of court by requesting rent abatement from the landlord for any period where property was not fit to live in, but if a serious... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: dose property have to be registered at the county clerk by persons who clams to own property and title at county record.

I'm trying to find the company name, at county record saying they have title and there no record of them to be found on registration

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2023

Yes, property deeds showing ownership are filed "registered" with the Land Records in the Circuit Court of each county. Clerks generally do not do any research to verify ownership. A title search would verify who owns a particular property. (Property owned by an entity may be more... View More

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2 Answers | Asked in Tax Law, Real Estate Law and Probate for Maryland on
Q: Maryland Inheritance tax calculation. Based on amount before or after federal and state tax deductions?

I think I understand the "death" taxes in Maryland, but I am not positive on the calculations.

Are all taxes based on the value of the gross estate, or are some calculated based on the value after other taxes have been deducted?

For example:

Gross value of estate... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 27, 2023

Maryland inheritance tax is based on the relationship of the giver to the recipient, and is not tied to other death taxes, so on a $20M estate this could be $2M, $0 or nearly anything in between. (And if the tax is paid "outside" of the gift, Maryland will "tax the tax" and... View More

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Will excuses the need to post bond for the performance of duties. Do I still need nominal bond in MD?

Maryland probate estate value is $10,000 or more.

Will states: "I hereby excuse those persons named in or appointed pursuant to this Will as Personal Representatives from the necessity of posting any bond or other security for the faithful performance of their respective duties."... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 22, 2023

In a word, yes, even where a Will waives bond the Register can still require a nominal bond to cover anticipated inheritance tax and other court fees.

Wills almost always waive the bond requirement for monies going to people who may inherit. However the government doesn't...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I break my lease because my apartment is affected with mice and snake?Are Indoor Dryer Vents Legal in Maryland?

I discovered a mice infestation during the second week of my tenancy, it’s been almost 6 months, still the problem remains. In addition to this, there are issues with broken appliances such as the refrigerator, which has a water flow problem. There is also a leak from one of the ceilings.... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 21, 2023

Maryland law offers "rent escrow" as an option for a tenant living in a place that has serious health or safety violations. The tenant can seek different options, from having the landlord fix the problem, to asking the court to reduce rent or break the lease. It is up to the court to... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Allstate insurance has been overcharging my account for months. Sometimes 2-3/per month. What are my rights?

This is for car insurance. Bank statements and the Allstate app for customers show that the account has been over charged. They are threatening to cancel the policy if additional payment is not made immediately.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 21, 2023

With any billing question it may be helpful to first review in detail the fine print of the insurance contract and/or ask the person/company imposing the charge to show you where in the contract gives the right to impose such a charge. For example, a contract might impose an "installment... View More

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... View 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... View More

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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...
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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... View More

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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.

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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...
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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... View 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...
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