The answer depends on who is asking. For instance, the best thing for your father is for you to obtain a loan and to pay him the full purchase price in exchange for a deed. He then walks away and you live in the house. The best thing for you might be an option to purchase, or a rent-to-own. These... View More

It is not necessarily a conflict, and if so, it can likely be waived. It is not the type of thing that you can take advantage of since you are not adversely affected. It is a common mistake to think that a lawyer's ethical obligations to others can be used to advantage by an adverse party. If... View More

Yes, every civil case permits some discovery. The District Court limits the scope and number of written requests. And the practice of mandatory disclosures in the federal court is different than State courts. The amount and type of discovery is also dictated by your own goals in the case.

Show up for court. You will talk with the PD before the court session. If things are not how you want them, you may obtain a continuance in order to retain a private lawyer.

Maryland has extensive partnership statutes that must be considered with whatever partnership agreements exist, and terms of a will, or the intestacy statutes. The Personal Representative of her estate should consult a lawyer.

You have rights to sue in court, and you may file complaints with the relevant Maryland licensing boards. The full scope of your rights depends on what is written in your documents, and other things a lawyer can tell you after a thorough interview.

It is the law of Maryland that you may cut and trim anything hanging over your property line. Anything further will require negotiation with the neighbor, or a court action for nuisance.

Whomever is still on the mortgage. Otherwise it is up to the estate of the deceased person to liquidate the asset and pay off the loan. The current owner may try a short sale, but if the property is in poor condition it is likely nobody can get financing.

If the house was in the dead person's name, and the will said you inherit, then you must pass title through the estate. The house is then sold to the third-party by the Personal Representative, and the proceeds of sale go to the estate for distribution to heirs (you), or you take title from... View More

If you are in an HOA, you may have shared rights of access under the documents. But you are not otherwise entitled to climb on your neighbor's property to access your own. This is a very common issue, and it must be resolved through good neighbor relations or your willingness to provide... View More

Yes, you need a lawyer! It sounds as if taxes were not paid, and the taxing authority sold at tax sale, and now a private party holds the tax lien. You are in complicated territory, and as co-owners, you are all responsible to the tax lien holder. You may have different rights among yourselves.

You should investigate this through your settlement company and your title insurance company. It is unlikely you will be responsible for removing the lien. This may have to be taken care of before the deed in lieu issue can be addressed.

If you are referring to real property, the answer is "yes." Your contract documents should have the proper "as is" disclosures. The buyer may still insist on inspection rights, but you don't have to agree to make repairs. Of course, many types of damage will prevent a... View More

You may make a motion to have a Personal Representative removed. All interested parties will receive notice of your motion, and the court will have a hearing. At the end of the hearing, and if the motion is granted, the court may appoint a new P.R.

Not true. Maryland law gives you the choice of settlement company. But a home builder is allowed to offer you incentives for using its recommended company. I hope the settlement went well.

The broker may be entitled to commission even on a deal that does not settle. And if the parties do not decide, the money can be paid into court in an "interpleader" action. Whether the filing party gets a return of its attorney fees depends on several factors.

The failure of a buyer to complete the sale, absent his exercise of valid contingencies, may be a breach. And if there is a material breach, the seller may be entitled to keep the EMD. If this is a Md. Board of Realtors form contract, it likely has mandatory mediation before anyone can go to court.

Yes. You should bring it to the Registrar's attention, now, and file the appropriate papers. It will influence who is appointed Personal Rep.

Your remedy depends on what was done, how much the project was worth, and on what type of building. You may have remedies in state court, or federal court, and you may have rights to a mechanic's lien. Also, you must consider if you are properly licensed since Maryland courts will not enforce... View More

Your can and should raise the issue with the owner. A negotiated agreement is best, but in court you might prove unjust enrichment or other equitable theories of recovery where the price term is omitted from the agreement.