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Maryland Questions & Answers
2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Is it legal to offer a month's free rent to my tenant in my house if they were to leave

Is it legal to offer 1 month free rent for my tenant to leave before their lease is up

James L. Arrasmith
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answered on Mar 30, 2024

Offering your tenant a month's free rent as an incentive to vacate the property before their lease is up can be a legal and effective strategy, but it greatly depends on the laws and regulations that govern landlord-tenant relationships in your area. Such agreements should be approached with... View More

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1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: I need to know how to open a business checking account for my LLC, in my unique situation.

So I'm 15 years old and I live in Maryland. I have started an LLC for my soon to open T Shirt business that I'm starting. I formed it as a single member LLC and got my Articles of organization, EIN and all that stuff. My next step was to get a business checking account but I just learned... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Mar 25, 2024

You are correct. You have to be 18 years of age or older to open your own bank account without your parent's authorized as joint account holders. To my knowledge, there are no loopholes to this requirement. To put it simply, there is no way around this without adding your parents to your... View More

2 Answers | Asked in Copyright and Intellectual Property for Maryland on
Q: IS COLORING SOMEONE ELSES MANDALA DESIGN FRAMING IT AND SELLING IT ILLEGAL??????
Alan Harrison
Alan Harrison
answered on Mar 22, 2024

It depends on what license they gave you for the design. Did they give you a license for personal use only or for commercial uses as well? If they did not give you any license at all, it definitely is not a good Idea to sell their work as your own.

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2 Answers | Asked in Copyright and Intellectual Property for Maryland on
Q: IS COLORING SOMEONE ELSES MANDALA DESIGN FRAMING IT AND SELLING IT ILLEGAL??????
James L. Arrasmith
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answered on Mar 22, 2024

Coloring someone else's mandala design, framing it, and selling it can involve legal and ethical issues. It largely depends on the copyright status of the original mandala design. If the design is under copyright, using it without permission for commercial purposes could infringe on the rights... View More

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1 Answer | Asked in Immigration Law for Maryland on
Q: If possible, how can Chinese citizens get a green card by investing in U.S. business's? What would they need to do?
James L. Arrasmith
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answered on Mar 21, 2024

If you are a Chinese citizen interested in obtaining a U.S. green card through investment, you may consider the EB-5 Investor Visa program. This program allows foreign nationals to become eligible for a green card if they make a significant investment in a U.S. business and create jobs for American... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Hello, can a Disclaimer of Inheritance be signed electronically in Maryland? Thank you so much.
Mark Oakley
Mark Oakley
answered on Mar 20, 2024

Yes, but before you do so, make sure that the disclaimer achieves the results you want it to achieve. A disclaimer by law is treated as if the person disclaiming died before the decedent. If the Will directs that a deceased heir’s share be distributed “per stripes”, or by some other method,... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Hello, can a Disclaimer of Inheritance be signed electronically in Maryland? Thank you so much.
Julie D. Myers
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Julie D. Myers
answered on Mar 20, 2024

In short, yes. Maryland adopted the Uniform Electronic Transactions Act which states that a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. Since a Disclaimer of Inheritance is a contract, it can be signed electronically and... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I'm being harassed and retaliated by the leasing managers, they charged me a late fee for being 500.00 short back in Oct

I noticed they did not deposit the money order I gave them in the drop box 1494.00. They only deposited 500 + 494 in October and said nothing until February 2024, having the sheriff serve me a summons for not paying rent in October 2023. That case got dismissed after I showed their attorney the... View More

James L. Arrasmith
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answered on Mar 20, 2024

In your situation, finding legal assistance is crucial to navigate the complex issues you're facing with your leasing managers. In Oxon Hill, MD, you have several options for obtaining legal help, especially in cases of harassment, retaliation, and eviction proceedings. Local legal aid... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: I had an accident last year can I sue and can they fire me
Scott Scherr
Scott Scherr
answered on Mar 17, 2024

If you were injured on the job, you can file a claim for workers' compensation. You cannot sue your employer in court. Workers' compensation is your exclusive.

It is illegal to fire someone for making a workers' compensation claim under Maryland law.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Maryland on
Q: I need to know if I should go to the police to file a report concerning a car/ tags that is missing?

its a bit complicated, the car title and tags are in my name, the person I had an agreement with has disappeared and I can't locate the car. I don't want to be responsible for the expenses if the car is towed to the county lot.

Mark Oakley
Mark Oakley
answered on Mar 15, 2024

Unless the agreement included a date the person was to return the car back to you, and they deliberately failed to do so with the intent to deprive you of the vehicle, then there is no crime to report (theft or unauthorized use of a motor vehicle), so going to the police will not likely help,... View More

2 Answers | Asked in Employment Law, Tax Law, Business Law and Social Security for Maryland on
Q: My current employer sent my form 1095C to a another employee with the same first name and exposed my SS#, can I sue?

They exposed my SS# and other private info. What recourse do I have?

James L. Arrasmith
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answered on Mar 14, 2024

Discovering that your employer accidentally sent your Form 1095-C, containing sensitive information like your Social Security Number, to another employee is understandably alarming and frustrating. Such incidents can lead to concerns about privacy and the potential for identity theft. In terms of... View More

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2 Answers | Asked in Employment Law, Tax Law, Business Law and Social Security for Maryland on
Q: My current employer sent my form 1095C to a another employee with the same first name and exposed my SS#, can I sue?

They exposed my SS# and other private info. What recourse do I have?

Mark Oakley
Mark Oakley
answered on Mar 15, 2024

Perhaps there is a federal or state governmental agency that has regulatory authority to impose a fine or other sanction for failing to safeguard employees’ personally identifiable information. You would need to consult an employment lawyer in your area as to the existence of such a legal... View More

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1 Answer | Asked in Traffic Tickets and Car Accidents for Maryland on
Q: I had citation # TA-21-707(a). I couldn't stop at a red light because it was raining and the asphalt was wet, and as a

My car is SEMI TRUCK. commercial vehicle. Driver licenses located VA. Accident location MD HARFORD COUNTY

Scott Scherr
Scott Scherr
answered on Mar 10, 2024

You should request a trial and not a waiver hearing and go to court. If the police officer does not appear, you will be acquitted. If the police officer appears, you can have a trial. If you are convicted, the judge can offer probation before judgment which avoids the points. Note that a PBJ counts... View More

2 Answers | Asked in Business Law, Real Estate Law and Gov & Administrative Law for Maryland on
Q: I am a MD Realtor thinking of Starting a Property Management company. Are there any laws or Regulations that prohibt?

Are there any Additional License or Certification?

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2024

I'd want to check your licensor and your business plan before rendering any opinion, but property management is one of the things real estate brokers are licensed to do. You don't say you are a broker, however, so you may merely be licensed as a sales person, that is, to be an agent for a... View More

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2 Answers | Asked in Business Law, Real Estate Law and Gov & Administrative Law for Maryland on
Q: I am a MD Realtor thinking of Starting a Property Management company. Are there any laws or Regulations that prohibt?

Are there any Additional License or Certification?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 2, 2024

A property manager holding a MREC license is actually subject to MORE scrutiny than a property manager that is not a licensee. I will share from personal experience that property managers get sued, a lot. The issue is not so much whether you must be licensed, at all (a license is easy to obtain),... View More

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1 Answer | Asked in Contracts and Construction Law for Maryland on
Q: What does MHIC guaranty fund pay for?

Concrete sidewalk/steps/handrails installed - paid in full $3900. MAJOR issues with the work and home inspection deemed all of work unsafe. Every other contractor said all concrete had to be removed and redone - basically start from scratch. Total paid to redo - $7100. Filed claim and have... View More

Mark Oakley
Mark Oakley
answered on Mar 2, 2024

The regulations governing the adjudication of claims against the Guaranty Fund specify the formulas to be used by the Commission when calculating an award for actual loss from the Guaranty Fund:

Unless it determines that a particular claim requires a unique measurement, the Commission shall...
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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More

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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Mark Oakley
Mark Oakley
answered on Mar 2, 2024

If the deed is owned as joint tenants, then your husband is now the sole owner and the house is not an asset of his father’s estate, so it doesn’t matter what the Will says.

If the deed is owned as tenants in common, then your husband now owns 50% of the house outright, and the other...
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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 2, 2024

Your question is missing the exact wording of the deed naming your hubby as a co-owner. If the wording made him a full owner upon Dad's death, then the Will's bequest would be ineffective. But if any interest became part of your Dad's probate estate, then that portion could be... View More

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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

James L. Arrasmith
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answered on Mar 2, 2024

The ownership of the property after your father-in-law's death largely depends on how the deed was titled when your husband and his father were placed on it. If the deed lists them as "joint tenants with right of survivorship," then upon his father's death, your husband... View More

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