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Maryland Questions & Answers
1 Answer | Asked in Real Estate Law for Maryland on
Q: My son in law passed and i have legal custody of both of his children and i'm representing the estate can we rent the

home without transferring the loan?

Mark Oakley
Mark Oakley
answered on Oct 1, 2022

Yes, the property can be deeded through the estate to the minor children, and the lender on the mortgage may not accelerate the loan or declare the loan balance due, but must accept continuing mortgage payments made on their behalf; however, the mortage lien remains on the property, so nonpayment... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: If someone goes in through a window that is already open and then leaves 5 minutes later without stealing

Nobody was hurt or threatened nor was there intent to commit any crimes

Mark Oakley
Mark Oakley
answered on Sep 29, 2022

That is the crime of breaking and entering.

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2 Answers | Asked in Probate for Maryland on
Q: In probate who designates the surviving descendants as administrator - the courts 4 siblings or ? Can any of us apply?

No will, only verbal designation. Deceased resident of Albuquerque New Mexico

Scott Scherr
Scott Scherr
answered on Sep 29, 2022

You need to ask an attorney in New Mexico. This is where the Will will be probated.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: My ex husband has died, his brother has filed probate of estate for the house. I have also filed probate of estate

Now a judge has to make a decision.

I was told since I have a child with the deceased he is next of kin.

What are my chances here?

Richard Sternberg
Richard Sternberg
answered on Sep 28, 2022

You question is posed for Maryland, but you seem to be in DC. This answer is based on your ex-husband residing in Maryland. I also assume that you've written "ex-husband" because you were divorced before he died. If you are his widow, your priority is higher. In Maryland, the... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: My bf is being held in pa prison due to interstate detainers from md. Who do I contact in md to get him picked up on

These detainers so he doesn’t have to sit longer and can be released

Mark Oakley
Mark Oakley
answered on Sep 28, 2022

Maryland has already been informed. The Maryland jurisdiction that wants him has to arrange to send officers to go pick him up. The time can vary based on jurisdiction, available officers, distance to travel, etc. Week to two weeks perhaps. A Maryland attorney retained to represent your... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: for a children custody case when the one parent fails to pay for what he agreed to, does he pay my lawyer fees?

what is the law for breach of contract for family matter when it comes to his children's obligations?

Mark Oakley
Mark Oakley
answered on Sep 28, 2022

An award of attorney's fees is an available remedy when filing a motion to enforce a support obligation and for contempt of a court order requiring the payment. The decision to award fees, and how much, is in the discretion of the judge.

2 Answers | Asked in Real Estate Law for Maryland on
Q: I am the mortgage lender on a commercial property and the buyer died. How do I get the balance due on the loan?

The heir apparent is the present owner of the property and is willing to continue making payments on the existing loan. How do I obtain an agreement to this effect.

Richard Sternberg
Richard Sternberg
answered on Sep 27, 2022

I’d have to research the specifics, but, generally, the heir can continue to pay the current loan with no further documentation, and the mortgagee remains secured by the property. You could probably prepare an endorsement of the note or enter a new loan on the same terms.

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1 Answer | Asked in Civil Rights for Maryland on
Q: When pulled over in Maryland, do I legally have to hand the police my ID or can I simply show it through the window?
Scott Scherr
Scott Scherr
answered on Sep 27, 2022

Md. Ann. Code, Trans. Art., Section 16-112 states that each driver of a motor vehicle shall display the license to any uniformed police officer who demands it. It goes on to state that this is satisfied only if the officer is able to access the verification system. I read this to mean that you have... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: Hello I purchased a pair of pierced earrings wore them and it split my ear apart . What can I do about it

My ear lòoks terrible each time that I look at or feel my ear it's like I shock all over again. The earring is a drop bead on my guess is silver wire with a bead at the end

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2022

A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. You could reach out to law firms to try to arrange a free initial consult to discuss the matter in more detail. The situation you describe appears to involve a legal theory of... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: In the state of Maryland do I need to be informed if there was previously a meth lab on the property I just purchased?
Mark Oakley
Mark Oakley
answered on Sep 26, 2022

No, not specifically. If this is a normal purchase of a residential property (e.g., not a foreclosure sale), then the seller must "disclose any latent defects of which the [seller] has actual knowledge that a purchaser would not reasonably be expected to ascertain by a careful visual... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If I have a gun charge am I eligible?
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Eligible for what?

1 Answer | Asked in Family Law for Maryland on
Q: For family law penal code 12-104.1 the parent only needs to be sentenced to an 18 month sentence or more, correct?

If I'm given a 2 year sentence and I serve 14 months on that sentence am I still eligible for penal code 12-104.1

Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Yes, arrearages do not accrue during the period of incarceration and for 60 days after your release. The threshold for suspension of the obligation is a sentence of incarceration of 180 days or more.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maryland on
Q: I need to find a lawyer for my boyfriend who is being held unlawfully in jail and his 8th Amendment is being violated
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Anyone in jail can probably use a lawyer. 8th Amendment refers to the Constitutional prohibition against cruel and unusual punishment. That Amendment is rarely found to apply to most circumstances. You will need to be very specific about what is cruel and unusual in order to evaluate whether there... Read more »

1 Answer | Asked in Contracts and Collections for Maryland on
Q: I would like to challenge the jurisdiction of a MD District court. I do/did not live in MD at the time of service.

Does payment to a credit card made from an address in the MD district in 2010 qualify as minimum contact? I currently live in FL and I lived in PA when the suit was filed in 2013. The only thing tying me to MD at all is this one payment.

Mark Oakley
Mark Oakley
answered on Sep 24, 2022

No, unless the suit involves the transaction itself in Maryland, such as you entered into a contract to purchase a product or service in Maryland and paid the initial payment toward the contract there before leaving. Mailing a check to a credit card company from Maryland or paying toward the credit... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If the prosecutor missing something out your discovery, can that get your case drop and do you no about the hick law
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Unlikely. If the prosecution fails to disclose something they may be precluded from using it at trial, or they may be compelled to produce it, and the defendant may have grounds to request a postponement to prepare their case based on its late production, or a new trial might be ordered if the... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: I wanted to know how do I file a lawsuit against a jail that is holding someone unlawfully

My boyfriend has been in jail since March and his 8th amendment is being violated

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

Your boyfriend should hire counsel or contact the Public Defender to see if anything can be done to procure his release such as filing for a writ of habeas corpus. You cannot file a lawsuit on his behalf. Only an attorney can file on behalf of another individual.

1 Answer | Asked in Criminal Law for Maryland on
Q: What is Maryland statue of limitations on a misdemeanor criminal citation for possession of cds not Maryjane

We got pulled over on February 8th 2022 I was giving a misdemeanor criminal citation and released from the spot we got stopped since then I never received a preliminary hearing and I haven't been sent a court date think it's a year that Maryland has to charge me or dismiss my charges?... Read more »

Mark Oakley
Mark Oakley
answered on Sep 23, 2022

The citation is the charge, and that meets the statute of limitations for charging you after the date of the offense. The issue is whether your speedy trial right under the Constitution has been violated, and the answer is not found in a clearly stated number of days, but has to do with a weighing... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Scott I did check Maryland judicial case search and nothing was there no preliminary nor court date

Why I wondering what the statue of limitations in Maryland was on the criminal citation for possession of cds not Maryjane that all I ever received when we initially got pulled over and released like I was saying that was in February 8th 2022 how much longer do they have before they have to dismiss... Read more »

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

Once you are served with the criminal citation, this complies with any statute of limitations that may apply. There is no statute of limitations defense in your case if you were issued a criminal citation.

There is a speedy trial issue. You have a constitutional right to a speedy trial....
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1 Answer | Asked in Criminal Law for Maryland on
Q: Need advice on the statue of limitations in Maryland on a misdemeanor criminal citation that I received on Feb 8th 2022

The misdemeanor criminal citation was for simple possession of cds not Maryjane we got pulled over they did a search gave both me and the driver the same criminal citation with same charges the driver received the preliminary hearing date and recently went to court after receiving a court date... Read more »

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

The statute of limitations has been satisfied once the citation was issued. You have a potential speedy trial issue. However, you must assert the right to a speedy trial in writing to the court.

A preliminary inquiry merely tells the Defendant of his right to counsel. You should check...
Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: How do you phrase a will to prevent unknown heirs from applying for inheritance?
Mark Oakley
Mark Oakley
answered on Sep 21, 2022

Anyone not named in a Will gets nothing if your will specifically names those whom you want to receive your estate. The only exception is the statutory right of a surviving spouse (married at time of death) to elect one-third of your estate regardless of what your will says. If you are concerned... Read more »

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