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Questions Answered by Marie-Yves Nadine Jean-Baptiste
1 Answer | Asked in Family Law for Maryland on
Q: Should I start the process of emancipation?

The reason why I ask this is that;

~ They have emotionally and mentally abused me

~ Refuse to help me when it comes to the subject of mental health

~ Have neglected me on multiple things, not just the basics

~ Are preventing me from working even though they have told... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 5, 2021

Emancipation is a very personal thing and should not be taken lightly. There are certain barriers to emancipation such as the need to have a prior child custody case. If you are being abused and/or neglected and you are a minor, it is a good idea to reach out to your local Department of Social... Read more »

2 Answers | Asked in Probate for Maryland on
Q: Is real property of a decedent subject to being included in the net estate for calculating elective share?

Maryland. Real property was held in a life estate deed, with rights, and POD to decedent's children (from previous marriages). Life estate deed was created 6 yrs prior to current marriage to surviving spouse. Decedent and surviving spouse were married 18 yrs when decedent passed.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 5, 2021

The elective share includes property that passes through testate succession and is reduced by funeral and administration expenses, family allowances, and any enforceable claims or debts.

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2 Answers | Asked in Family Law and Child Support for Maryland on
Q: Looking at going to a Tech school to get certified so I can get a better job, what happens with my child support?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 5, 2021

In such a situation, your child support may be recalculated. However, the other party or you would need to initiate a modification.

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2 Answers | Asked in Tax Law for Maryland on
Q: Haven't received a letter regarding back MD taxes from 2015-2017 in over a year. Should I inquire?

Moved to NC in 2018 and received some letters from MD regarding audit and back taxes. My new NC address is on file with them, but I haven't received any letters in over a year. Currently taking care of my federal back taxes from that time period. Should I reach out to MD Comptroller,... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 5, 2021

If you have not received a notice from the State of Maryland about past due taxes, you can either inquire about your account with the State or you can wait to hear from someone. It may be best to take a proactive approach in order to avoid any possible accumulation of past due taxes. There really... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: Decedent lived in Florida. Only real property owned was in MD. No Will. Where do I open the estate?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 5, 2021

In this case, you open the estate where the Decedent’s property is located. Contact the Register of Wills in the Decedent’s County/City.

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2 Answers | Asked in Family Law for Maryland on
Q: Can I use audio recordings in a case against someone?

I want to be able to use audio recordings as evidence in my case against my family whenever I get the chance to get them to court. I'm not sure if what I collected is illegal due to the fact that the people in the recordings did not know that I was going to record it.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 5, 2021

Yes, Maryland is a two-party consent state and as a result, both parties must consent to the recording. However, in the case of a voicemail, there is no reasonable expectation of privacy and that can be used in court since it is not an illegal recording.

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2 Answers | Asked in Divorce, Family Law and Health Care Law for Maryland on
Q: I am disabled, going through a divorce. Is it possible to stay on my wife's health insurance after divorce?

I am currently separated and am looking for legal advice concerning my divorce. I am disabled, so my main concern is healthcare insurance. I am qualified for Medicare, but because I am only 52 the premiums for supplemental are extremely high. Because of my illness (Multiple Sclerosis) I see my... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jan 15, 2021

Unfortunately, you will not be able to stay on your spouse's insurance after an absolute divorce. However, you would be able to retain your insurance under a limited divorce. Hope that helps. Good luck!!

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2 Answers | Asked in Probate and Estate Planning for Maryland on
Q: On my will, I have my 2 daughters listed as beneficiaries. I want to split everything evenly. On the line for property..

On the line for what property I want to leave them, is there a certain wording for "half of assets" or 50%? Or should I leave that line blank? I don't necessarily need to leave each of them each anything in particular. It would basically be the house and everything in it. They will... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jan 13, 2021

I give to my daughters, DAUGHTER 1 and DAUGHTER 2, in as equal shares as possible, my principal place of residence and any real property that I may...

I give the balance of my personal and household effects, automobiles and other tangible personal property to my daughters, DAUGHTER 1 and...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Is allowing my son's father to come to our home to visit my son considered keeping him away

I am the custodial parent . I allowed my son to go to his fathers for most weekends but I later find out that my son is being left with his fathers mother or grandmother so he can go out and party . They have traffic in and out of their house and improper heating/air . I don't feel safe with... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Oct 8, 2020

It depends on the custody order in place. Please consult with an attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Does the father have the right to know the custodial parent address if they are paying child support?

Can the court force the mother to provide the address to where the children live?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Oct 8, 2020

Without additional facts, it is difficult to answer this question. If there is an address shield in place or a protective order you may be able to restrict access to address. Please consult with an attorney to discuss.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Whats the next step?

I filed for a child support modification recently and the other parent just put in the written response to it.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Oct 8, 2020

Wait for the court to contact you to set up a scheduling conference, which is a conference where you set up dates to get things done. It is advisable that you consult with an attorney to assess whether assistance of counsel is necessary.

1 Answer | Asked in Family Law for Maryland on
Q: My sons father is trying to tell me where I can and can't live, can he do that?

We haven't gone to court yet, but he thinks he can tell me where I can live at. I currently don't have a license or a car yet, so he does the drop off and pick up (even though he is always late) We have an agreement now that is notarized showing that I have him 75% of the week.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Oct 8, 2020

I highly suggest you contact and retain an attorney. It is a good idea that you obtain your own transportation and a license to drive. Good luck.

3 Answers | Asked in Probate for Maryland on
Q: I retained an attorney to handle my Mother's estate but months later decided to release him.

My Mothers has minimal assets. Can I represent my Mothers estate and if so, what are the next steps?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Oct 8, 2020

I am sorry for your loss. Based on the little detail provided, I do not suggest you administer the estate yourself without consulting with an attorney. There may be steps you overlook by doing so. Contact a local attorney for a consult to discuss whether you can do this on your own.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: How can I get the father off of my daughters birth certificate if I can't find him.

My ex husband faked an at home paternity test when my daughter was 3. I never questioned it since it was a way to get him out of our lives. He's had no contact with my daughter since. Now my daughter is 13 and wants to know for sure that he is her father and to have him removed for her birth... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

You are looking for advice on a very complicated matter that requires the assistance of counsel. I highly suggest you reach out to counsel in your county/city to discuss your options. Counsel can provide several mechanisms for locating him that you may not have at your disposal. And your case is... Read more »

2 Answers | Asked in Family Law and Elder Law for Maryland on
Q: My uncle is almost legally blind and my aunt has early onset Alzheimer’s but presents well, can their daughter get POA?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

Unfortunately, that would not be a good idea and may create a whole host of problems down the line. You are better off petitioning the court for guardianship.

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1 Answer | Asked in Child Custody for Maryland on
Q: Can someone change a child’s school from one county to another with a proposed order? Not signed by a judge?

There was a hearing and new proposed orders in Maryland my son started school already and upon receiving these proposed orders he was taken out of his current school by the other party and enrolled in another county they haven’t started school yet. In the current order we have joint custody in... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

If there was a court hearing and a decision was made by the judge/magistrate, you have to follow the new order entered.

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: how can I get custody without the other parent paying child support if we both agreed? Is it possible to get it to $0

We both don’t want each parent to pay support. But agreed on parent plan

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

You can ask the court to set the child support where you and the other parent are generally charged with supporting the child(ren). You do have to be able to justify not paying support to each other though.

2 Answers | Asked in Probate for Maryland on
Q: Sister died owning mortgage on house we shared 35 yrs. I want to stay. I’m not on deed. What to do?

I am personal representative for her estate. If I have to qualify for mortgage in my name I am afraid I would not (bad credit). I have kept up the payments

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

I am sorry for your loss. If your sister passed away owning a home, the home, depending on how it's titled, has to go through probate. If you are the only sibling, no spouse, and none of your parents are alive and she didn't have any children, then you can rightfully inherit the house.... Read more »

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1 Answer | Asked in Consumer Law, Small Claims, Tax Law and Banking for Maryland on
Q: Can I take legal actions towards my financial advisor for being dishonest?

So in January my mom got a letter from her financial advisor which was from the IRS telling her that she had to fill out a W-9 because the social security she had in her account was wrong. My mom immediately took action and we went to our financial advisor office to correct the social security... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

Contact the IRS to verify.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My daughter just turned 18 08/28/20. Due to COVID she will not go to college this semester can she still receive suppor

She plans on attending school when i go on mydhr it’s looks like the case has been closed. Was I to contact someone to let them know she does plan to attend. She has applied but not ready to take that risk

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

If you are referring to child support, that usually ends when the child graduates high school at 18/19 years old.

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