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Questions Answered by Mark Oakley
1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I break my lease due to BAD rodents and my landlord is now selling the property? I have 6 months left in my lease.

The landlord came over 10 times and nothing has been resolved. When he picked up his rent July 3rd , I informed him of all the issues , concerns and want to break my lease. He just contacted me stating I now have to finish out my lease or he will get the debt collectors involved What should I do ?

Mark Oakley
Mark Oakley answered on Jul 6, 2020

You can start a rent escrow action, pay your rent into court, and he can't get the money until he fixes all the problems, and then the court decides how much of the rent he gets to have and how much you get refunded back for having to live under such conditions. here is a link to the court... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: Meaning of “it is further ordered that the matter of child support be resolved upon the filing of appropriate pleading”

My ex wife and I have a signed Judgment of Absolute Divorce and now she treating to take down for child support and maybe full custody. We have a ordered of joint legal custody now and the original question with other orders in affect. I just want to know if she can file to change anything 2yrs... Read more »

Mark Oakley
Mark Oakley answered on Jul 6, 2020

The visitation schedule, child support, and legal custody can all be modified at any time upon one party filing a motion and supporting the change with evidence of a material change in circumstances from when the last court order was entered. If there was never a determination of the amount of... Read more »

3 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Probate, Trusts and an Un-trust worthy executor

My uncle died in Aug 19 leaving his assets divided into 4ths among me, my brother and cousins. My father is the executor and we are estranged. My 25% was put in a trust with my father as the trustee. My father did not tell me of my inheritence I only received life insurance. He seems to be dragging... Read more »

Mark Oakley
Mark Oakley answered on Jul 6, 2020

You mention an executor, then a trustee. An executor only manages an estate filed in probate court. A trustee manages a trust, which is not under court supervision or management. If your uncle's assets were all in a trust, and not part of his estate in probate court, then all of your... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: Want to know how funds will be distributed for my dads estate account

My dad died before my mom and he had land he owned with two siblings. The land just sold and 30,000 is due my dads estate. ( he died with no will, my moms will leaves everything to me ), I have 2 brothers so I was wondering how the 30,000 would be divided

Mark Oakley
Mark Oakley answered on Jul 6, 2020

It is unclear whether your mom is alive now or not; however, you state that she was alive when your father died, therefore her share of your deceased father's estate would be one of the following, depending on whether you or any of your siblings were minors at the time of your father's... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: hello, would you happen to know the chances of someone getting house arrest or

how much time they would get being charged with assault 1 and 2 if there was no adult offenses prior and no weapons involved

Mark Oakley
Mark Oakley answered on Jul 5, 2020

First offense (no priors) is important, but there are not enough facts to help a lawyer predict a possible sentencing option like that. Straight home detention, where jail of any kind is implicated, is not a typical sentence, although due to the COVID-19 pandemic, that option is more available... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Maryland on
Q: My brother was struck by a car and killed in Baltimore Maryland the officers won't tell us anything what can we do

We have a estate lawyer for him but they won't tell them anything but that it's a active murder investigation, wouldn't it be vehicular manslaughter. officers turned the case over to the ASA but nobody called n told us that they won't let us see the video of the accident either... Read more »

Mark Oakley
Mark Oakley answered on Jul 3, 2020

The personal representative of the estate should retain a personal injury lawyer to pursue a survival action, and your brother’s heirs (wife, children, parents, siblings) should retain a personal injury lawyer to pursue a wrongful death action. I’m n these cases, the estate may prefer to not... Read more »

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1 Answer | Asked in Business Law for Maryland on
Q: LLC is forfeited due to not filing the property taxes?

I have an LLC and registered it in 2016. I failed to file the property taxes/ or annual report and didn't realize I have to do so. I am making anything from the business and income is zero up until now.

I figured that I can revive or reinstate my business but that requires a filing of... Read more »

Mark Oakley
Mark Oakley answered on Jul 3, 2020

You can walk away, do nothing. Do not carry on business under the name (or if you do, you are a sole proprietor—so you can register the name, without the LLC designation, under your personal name). If you want to continue in business as an LLC without paying the costs of reinstatement you can... Read more »

1 Answer | Asked in Elder Law for Maryland on
Q: My mother in law is in a facility and my husband's name is on the statement. Does that mean we are responsible to pay?
Mark Oakley
Mark Oakley answered on Jul 2, 2020

Only if your husband personally signed the facility contract stating he was the one responsible for payment. if he signed as a power of attorney, then no. If he was listed merely as a contact person, no. Take the facility contract that placed her there to a lawyer to review.

1 Answer | Asked in Child Support for Maryland on
Q: Can a baby mother sue the wife/spouse of father for child support?

Husband had an affair while separated that resulted in child. While we managed to work things out, the baby mother has been quite bitter about the whole process. She threatens to sue me for child support. My husband shares 50/50 custody and pays child support. However, he recently lost his job and... Read more »

Mark Oakley
Mark Oakley answered on Jul 2, 2020

No, you have zero legal obligation to pay her child support. However, if your husband owes back child support, and you have joint financial accounts with your husband, you would be advised to remove your husband's name from the joint accounts, because his child's mother could have the... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Who pays the county & state transfer fees when the buyer is a first-time MD home buyer & the seller is an estate?
Mark Oakley
Mark Oakley answered on Jul 2, 2020

MD Code, Real Property, § 14-104 provides, in relevant part:

Payment of recordation and transfer taxes of homes sold to first-time Maryland home buyers

(c)(1) The entire amount of recordation tax and local transfer tax shall be paid by the seller of improved, residential real...
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1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: I was arrested (3/27/2010) by the Navy in MD for driving with a suspended license. I need documentation for the trial.

Are you able to point me to a website or phone number so that I can obtain the results of the trial? If I remember correctly, the charges were either dropped, or I payed a fine.

Mark Oakley
Mark Oakley answered on Jul 2, 2020

If you were stopped by a naval police officer (MP?) then this occurred on a military base and was prosecuted in the United States District Court before a US Magistrate. That could have been in several locations in Maryland, so it depends on which base this happened upon. Typically, if you were... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Maryland on
Q: Professional Services Contract: Contractor from MD refuses to pay sub-contractor's Invoice because submitted 12 mo. late

Contractor in MD Refuses to Pay Sub-Contractor's Invoice for an overseas Pharma already completed consulting services project on the Excuse It Was Submitted 12 Months After Completion of Professional Services Work. Parties have signed Contract. Total amt ~ $100K.

Q1. What is the legal... Read more »

Mark Oakley
Mark Oakley answered on Jul 2, 2020

The general statute of limitations for commencing suit in Maryland on a breach of contract claim is 3 years, not one year, from the date of the breach/time money became due. The claim is not barred. Further, if this is a commercial project (not a home improvement contract or construction of a... Read more »

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Can i get in trouble for giving my friend another friends dog when he adked me to care for it till he got back from army
Mark Oakley
Mark Oakley answered on Jul 2, 2020

First, you cannot legally "give away" something you do not own, so whatever friend has received the dog does not have a legal right of ownership over the dog. The owner has every right to retrieve his dog. Alternatively, he could sue you for the fair market value of the dog, whatever... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: Does Maryland U.C.C. apply to used vehicles? Can a used vehicle be returned within a few days of purchase?
Mark Oakley
Mark Oakley answered on Jun 30, 2020

Two different questions. The UCC generally applies to the sale of goods, so in that respect, it applies to the sale of a vehicle, but only if the transaction involves at least one party that is a "merchant" as defined under the Code--which means, a person or entity in the business of... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: A copy of my granddads will was filed in md leaving every thing to me and my sister. Is it valid. It was witnessed by 2

It was filed by his ex girlfriend who stole it from his house. He had it signed and witnessed by two people on 20006. Is it legal

Mark Oakley
Mark Oakley answered on Jun 30, 2020

Well, if it was signed by your grandfather, in the presence of two witnesses, who also signed the will in their and his presence, then the signature requirements of the law are satisfied for making a valid will. Whether the document as a whole makes a valid will cannot be determined by the facts... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: can any court anywhere in the us skip arraignment preliminary and pre trial hearings and go straight to trial?
Mark Oakley
Mark Oakley answered on Jun 30, 2020

Arraignment is simply the formal notice to the defendant of the charges against him or her before a judicial officer, and may or may not require the defendant to enter a plea (typically, not guilty at that stage). Formal arraignment is not constitutionally required, and is a matter of local... Read more »

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3 Answers | Asked in Criminal Law for Maryland on
Q: I have a second degree assault charge with PBJ. On probation for three years. How long until I can get it expunged?

I am past year 2. First time offense. Have not gotten into trouble. I got bad advice from my past lawyer on this case. I want to get it expunged as soon as I can but I read that I might have to wait 3 years after my probation is over until I can apply for expungement with PBJ. Is that true?

Mark Oakley
Mark Oakley answered on Jun 26, 2020

You can file three years after probation was first granted (date of your sentence by the judge) or upon your discharge from probation, whichever is later, although in your case that's the same time. This time frame is the statutory time where you have an absolute right to file. However,... Read more »

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1 Answer | Asked in Environmental for Maryland on
Q: Is the structure of this gifting savings plan (sou sou) legal?

Week 1: Gift $500 to the group (not the person who shared it with you)

Week 2: Share with two others who do the same

Week 3: Do nothing

Week 4: Receive a gift of $4000 from the group

Mark Oakley
Mark Oakley answered on Jun 24, 2020

No, it is a classic Ponzi scheme, which is illegal in most if not all states, certainly in Maryland.

1 Answer | Asked in Banking for Maryland on
Q: Can I press charges if I was given a fake check which took me a $30 stop payment fee check after cancelling the deposit?

Some men messaged me. He told me he'd give me an "allowance" and he said we needed to do a test in for him to know that he can trust me. He sent me a check and told me to deposit it and I did. Then I got scared and after doing some research I realized that he was doing a popular... Read more »

Mark Oakley
Mark Oakley answered on Jun 24, 2020

Yes. Call the police and provide the email address, telephone numbers, names, whatever it is you have. My guess is the scammer is too smart to use anything traceable back to him, but that's an issue for the police to figure out.

1 Answer | Asked in Foreclosure for Maryland on
Q: Can they auction off your home without sending out a letter or any type of notification
Mark Oakley
Mark Oakley answered on Jun 24, 2020

No. The statutory and procedural rules all require notice. Your Due Process rights under the federal and state constitutions also require notice and an opportunity to be heard before adverse action is taken against you or your property taken away.

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