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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 
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
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
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
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
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... View More
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
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
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
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
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?
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
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
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
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
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
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?
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
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
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
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?
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
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
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
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
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
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
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
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
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
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
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
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
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?!
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
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
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
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... View More
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