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Questions Answered by Mark Oakley
1 Answer | Asked in Real Estate Law and Estate Planning for District of Columbia on
Q: How to add my name to the deed of my wife's house in DC?

I live in a house in Washington, DC, which is in my wife's name because she owned it prior to our marriage. We both agree on adding my name to the deed. There are no existing liens on the property. We are concerned about possible future circumstances in which my wife could become incapacitated... View More

Mark Oakley
Mark Oakley
answered on Mar 19, 2025

It’s a simple process of your wife executing a deed from herself to you and her as tenants by the entirety. Any real estate lawyer can draft the deed and record it for you. However, deeding the property alone will not address how either one of you may manage the property (sell or borrow against... View More

2 Answers | Asked in Estate Planning and Elder Law for District of Columbia on
Q: Looking for a lawyer to help with power of attorney for my elderly mom's health and finances.

I'm seeking a lawyer to create a power of attorney for my 91-year-old mom to ensure decisions regarding her healthcare and financial matters are covered. She is currently capable of making her own decisions. Could a lawyer assist with the process and advise on any specific conditions or... View More

Mark Oakley
Mark Oakley
answered on Mar 19, 2025

Make an appointment with a lawyer who drafts estate planning documents in your jurisdiction. Your mother (and you, really) needs four documents at least: (1) a last will and testament; (2) a durable statutory-compliant financial power of attorney (POA); (3) a healthcare POA; and (4) an Advance... View More

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1 Answer | Asked in Animal / Dog Law and Criminal Law for Maryland on
Q: Why is my mother charged for stray cats she doesn't own?

I'm concerned about my neighbor bringing an animal nuisance charge against my mother in Harford County, MD, for stray cats that do not belong to her. There have been no interactions with the neighbor, no notifications from city officials or animal control, and we were informed that the... View More

Mark Oakley
Mark Oakley
answered on Mar 11, 2025

You do not state the exact civil code violation your mother was cited with violating. However, Harford County Code Section 64-12, entitled "Animals Constituting Nuisances" reads as follows:

It is unlawful for any person to keep or maintain any animal in such a manner as to cause...
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1 Answer | Asked in Animal / Dog Law, Small Claims and Consumer Law for Maryland on
Q: Do I need a public defender for a vet bill dispute in small claims?

A veterinarian's office ran a test on my pet without my knowledge or approval and did not inform me until I called to make an appointment months later. They claimed I owe $80 for the test, despite not discussing or approving it, and they cannot find any record of my approval. I refused to pay,... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

The Public Defender's Office only represents person charged with a criminal offense who cannot fford a lawyer to defend the charges. You are being sued in civil court for an unpaid debt or for breach of contract. Persons appearing in civil court cases are not entitled to receive free legal... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Is an inoperative Byrna Launcher a dangerous weapon in Maryland?

I am facing charges of 2nd-degree assault, and two other charges related to a "dangerous weapon." I showed a Byrna Launcher to a would-be attacker, but I never aimed it at the individual, and it was inoperative with an empty or missing gas cartridge. Under Maryland law, is an inoperative... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

It can be, but it depends on the exact charges, which you do not identify. However, you are charged with a criminal offense, and you should not be asking questions on a public forum like this accessible by law enforcement, especially with details that can easily be used to identify you (like 2d... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How to obtain documents for criminal case CT081026X in Prince George's County?

I need assistance in obtaining all documents related to a criminal case with the case number CT081026X filed in Prince George's County. What are the steps to request these documents, and are there any specific requirements I should be aware of?

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

All court files are public and may be copied by anyone, unless a court order directs that all or part of the case file be sealed from public view. Some documents containing personally identifiable information and financial account numbers are redacted or sealed, and all criminal juvenile cases are... View More

2 Answers | Asked in Estate Planning and Nursing Home Abuse for Maryland on
Q: Which power of attorney for uncle in nursing home in MD?

I need to obtain power of attorney for my uncle, who is in a nursing home and requires assistance with both his personal care and managing his financial and medical decisions. He is currently unable to make most decisions independently. Which type of power of attorney would be most appropriate in... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

Your uncle must be mentally competent and capable of comprehending the import of the document he is signing; otherwise, the only option is a petition for legal guardianship filed in court. If he is mentally competent to sign a power of attorney, he should sign two POAs: (1) a Maryland Statutory... View More

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2 Answers | Asked in Estate Planning, Tax Law and Probate for Maryland on
Q: Can I move inherited MD property to my trust with step-up basis?

If my mom passes away, her house, located in Maryland, is in a trust for my brother and me. Am I able to move the property into my separate trust for my children and still receive a step-up in basis? I plan to give my brother half of the property's current value in cash. Would I need to first... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

Assuming your mother's trust is a revocable living trust, then upon her death the tax basis in the property is stepped-up to the fair market value of the property as of the date of her death. If you and your brother are sole beneficiaries of the trust, and the trust allows for the... View More

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1 Answer | Asked in Business Formation, Divorce and Family Law for Maryland on
Q: Can I structure an LLC to restrict my wife's access due to divorce?

I'm planning to form an LLC and would like to structure it so that my wife does not have access to it due to a possible divorce. We do not have any premarital agreements in place. Can you advise on how I might structure the business and what legal considerations I should be aware of?

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Any business you create in any form during your mariage becomes marital property. Your spouse may not necessarily have "access" in the sense of control, but she would have a claim to half the ownership or at leat half the value of the company. For instance, you can create an LLC and be... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: How to get notified about trust disbursement if out of touch with trustees?

I am aware of a trust created under my name and social security number by trustees at my birth, but I am no longer in touch with them. I have no documentation, and I received a car under this trust in the past. I know the trustees' names but haven't been able to reach them. The trustees... View More

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

If the trust was created in Maryland (and likely has a choice of law provision that states it is governed by Maryland law), or the trustees are located in Maryland, then under Maryland law each beneficiary of the trust has the legal right to receive a copy of the trust as well as an accounting of... View More

2 Answers | Asked in Identity Theft and Real Estate Law for Maryland on
Q: Identity and mortgage fraud involving LLC and house sale under my name.

I am dealing with identity fraud and mortgage fraud. Someone opened an LLC under my name and also sold a house in my name by signing the documents, leading to financial losses. How should I proceed with this situation?

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Fraud of any kind may be a criminal offense. If you were not involved in any way with the property or the LLC, and this is a complete stranger to you who perpetrated these acts, then you should be contacting the police in the jurisdiction where the property was located or where you believe the... View More

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2 Answers | Asked in Divorce, Child Custody, Child Support and Business Law for Maryland on
Q: How to draft a marital settlement agreement in a divorce with 5 children?

I'm currently in the process of a divorce and need to draft a marital settlement agreement. My spouse and I have five children, and we have discussed all the custody and support arrangements, as well as the division of assets and debts. How should I proceed with drafting the agreement to... View More

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Please hire a lawyer to do this. This is not a do-it-yourself project. You do not know what you do not know, and leaving necessary provisions out, or putting in the wrong provisions or wording, will cost a fortune in future litigation to try and reverse or correct, and potentially without... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Do I need a lawyer to retrieve property after arrest in Maryland?

I was arrested and my money and jewelry were taken. Charges were filed against me, but I haven’t received any documentation from the court or police regarding the seizure or retention of my property. There hasn’t been a specific reason given for withholding my property. Do I need a lawyer to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

All property seized pursuant to arrest or a warrant can be recovered not later than after all criminal charges are resolved, but to the extent the property is deemed to be evidence that supports the charges against you, than you cannot get that property back before the charges are all resolved, and... View More

1 Answer | Asked in Consumer Law for Maryland on
Q: Yes, can a restaurant place collections on me

In June 2024 I had a baby shower and placed the catering order at a company. I thought I paid online but when my fiancé got to the location, he asked if I if he needed to pay they said no he want to make sure that he didn’t need to pay and they said no in January I get a call stating that the... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

The restaurant can sell the unpaid account to a collection agency, or retain a collection agency for a fee, to try and collect the past due amount owed. If you do not work something out with either the restaurant or the collection agency that takes over collection of the debt, then eventually they... View More

2 Answers | Asked in Criminal Law, Identity Theft and White Collar Crime for Maryland on
Q: Arrest for fraud without prior knowledge; not read rights.

I was arrested by Baltimore County police due to a warrant from Anne Arundel County on November 16, 2024. I was unaware of the warrant until I was stopped by the police while driving for Uber. Apparently, a ride I completed, which involved picking up and dropping off an envelope, was related to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

The only penalty for not being read your Miranda rights is the suppression of any admissions you made during your custody so they would be disallowed as evidence against you at trial. Since you were not questioned, the failure to advise you of your right to remain silent and right to have counsel... View More

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2 Answers | Asked in Probate, Family Law and Estate Planning for Maryland on
Q: What to do after separated spouse's death with children in Maryland?

I am currently married but separated from my spouse, who has just passed away. There were no legal arrangements made during our separation. We have children together, and there were no pending divorce proceedings at the time of his passing. I am unsure if there is a will or any significant assets... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

Consult a lawyer about this. A lot depends on whether there is a will or not, and whether the children are minors or not. In addition, how your assets are titled and whether any assets solely in his name have beneficiaries (transfer on death or “TOD”) designated, have a big impact. As surviving... View More

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2 Answers | Asked in Estate Planning for Maryland on
Q: What is the administrator of an Estate allowed for compensation by law?
Mark Oakley
Mark Oakley
answered on Feb 3, 2025

Compensation for either a Personal Representative (a/k/a “executor”) and a “Special Administrator” of an estate is capped by statute, but the amount actually approved by the court is based on a “reasonable” standard. The only time there is a special administrator is when there is no... View More

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1 Answer | Asked in Civil Litigation for Maryland on
Q: I don't know what kind of lawyer I need to get a suicide note unsealed in Mt. Airy Maryland? Please help

Person hanged himself on January 6th and it was determined be a suicide by the coroner. Law enforcement said they seal suicide notes after investigation and that I would need a lawyer to get it unsealed?!

Mark Oakley
Mark Oakley
answered on Jan 16, 2025

Suicide is deemed a criminal offense; therefore, the suicide note is direct evidence in a criminal investgation. Items of evidence in police criminal files are not public records and cannot ordinarily be released, but when they can be released following the closure of the criminal proceedings or... View More

2 Answers | Asked in Estate Planning for Maryland on
Q: I am the sole beneficiary, executor, and holder of healthcare and durable powers of attorney for my 98-year-old mother.

All the above documents were created when she still split her time between the states of Connecticut and Florida, and the documents identify her as a resident of Connecticut. She changed her residency to Florida in 2014. Will her documents be invalid because of this change? I fear showing up to the... View More

Mark Oakley
Mark Oakley
answered on Jan 16, 2025

They should be honored in any state your mother moves to, so long as they were legally created and signed in accordance with the state of origin. That being said, I always advise my clients to make an appointment with an estate lawyer in the state where they relocate, just to be sure their... View More

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1 Answer | Asked in Land Use & Zoning for Maryland on
Q: If an error occurs of property pin placement ( found after 40 years later)can it be grandfathered in?
Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Not enough facts to evaluate. It would turn on an "adverse possession" analysis. The law can be very complex in this area, and is very fact sepcific.

Generally, in Maryland, a party claiming to have adversely possessed property bears the burden of establishing that their...
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