Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Mark Oakley
1 Answer | Asked in Criminal Law for Maryland on
Q: The police are saying I am stalking them and following them on different calls and talked to my mom at our house

They asked my mom if she has a son and said that they got harassing phone calls from this address last year and that he keeps on following us to different calls if it keeps on happening they will file charges

Mark Oakley
Mark Oakley
answered on Nov 12, 2024

I suggest you contact a criminal defense lawyer and discuss this matter, and your conection to it, off-line and in private. Do not post any other facts on this public forum or you risk disclosing incriminating information if, in fact, you are behind any of the activities described by the police.... View More

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Can I have my husband removed from the house if it is both our names, he refuses to work, he is verbally abusive

He has an untreated undiagnosed mental illness, he has not worked in a year, he is verbal, emotional, financial abusive to both me and kids

Mark Oakley
Mark Oakley
answered on Nov 11, 2024

It is possible to do so as part of your divorce, but that would be up to the judge after trial unless the two of you agree to remove him from the deed as part of a settlement of your divorce and all property and support issues. Ordinarily, the marital home is either bought out by one spouse paying... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I was just caught shoplifting $100.50 from Target. They have proof that I have done so before. The security director

told the responding officer that he was going to investigate for more instances. I was told this is a theft scheme charge in Maryland. Each incident would been well under $500 over the last few months. I have zero prior charges other than a dui more than a decade ago. I am a known and respected... View More

Mark Oakley
Mark Oakley
answered on Nov 11, 2024

I doubt they can meet the legal standard for proving theft scheme. Each one they might be able to identify and prove would more than likely be deemed separate independent incidents of theft, all misdemeanors. Theft scheme is simply a way to try to turn a series of misdemeanors into a felony, but... View More

View More Answers

2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: Do you all prepare legal deeds? I want to assume the loan to my late father's home and need a drafted deed
Mark Oakley
Mark Oakley
answered on Nov 11, 2024

The only likely scenario where you can continue paying the existing mortgage on your deceased father's home without replacing (refinancing) it, is if you are your father's heir and are receiving the house as part of his estate distribution. In that scenario, the law allows an heir in the... View More

View More Answers

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: In Maryland, is a contract with a contractor valid if both parties have not signed it?

The contract is for repairs to my home.

Mark Oakley
Mark Oakley
answered on Oct 24, 2024

If no work has been performed or materuials ordered, then you can cancel and disavow the contract without penalty. If you've paid the initial deposit, and the contractor has commenced work or ordered materials, then you have partial performance and either side can argue the contract has been... View More

3 Answers | Asked in Real Estate Law for Maryland on
Q: I am considering selling my home. My husband passed in 2020. I am on the deed, but not the mortgage.

I have been confirmed as the Successor in Interest by the mortgage company.

We did not have a will when my husband passed. Could you explain what I need to do in order to

sell the property. I need to downsize because the property is over 3200 square feet and it is becoming... View More

Mark Oakley
Mark Oakley
answered on Oct 24, 2024

I assume you held title as "tenants by the entireties" (TbyE) which is the default ownership of husband and wife, or as "joint tenants" (JT). In either scenario, you became the sole owner of the property by operation of law upon your husband's death.

The only...
View More

View More Answers

1 Answer | Asked in Family Law for Maryland on
Q: Is there a case in Maryland were the Grandparents filed for visitation while one parent was incarcerated, and they won?
Mark Oakley
Mark Oakley
answered on Oct 16, 2024

Maryland Family Law Code 9-102 allows for grandparent visitation in the best interest of the child; however, it is limited by the Cnstitutional rights of the biological parents to control decisions regarding their children. The Supreme Court of Maryland (formerly called the Maryland Court of... View More

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Can I sue my father

My mother passed away in July. She was in housing. My father lived with her but was never on the lease. I paid her rent for July and August he hasn’t paid for September or October. The company that she was leasing with said she is still responsible for the apartment since she allowed him to have... View More

Mark Oakley
Mark Oakley
answered on Oct 16, 2024

Your mother does not owe anything, and neither do you. Your mother's estate would be the only possible entity that owes anything to a creditor. The landlord is now a creditor of the estate, assuming that your mother's death did not automatically terminate the lease and end the... View More

View More Answers

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: How do I respond to a land partioning/sale petition filed against me MD? I no longer am the owner. Sold land.

How do I respond to a land partioning/sale petition filed against me MD? I no longer am the owner. Sold land. I sold the land to my company and later sold my company and the vacant land was apart of that transaction. The person who filed the complaint never put any money and has never paid any... View More

Mark Oakley
Mark Oakley
answered on Oct 16, 2024

The only way a person can file a sale in lieu of partition suit is if they are on the deed to the property, or if they have a legal agreement assigning them an interest in the property signed by the person named on the deed; however, if the latter is the case, and the agreement was never recorded... View More

View More Answers

2 Answers | Asked in Estate Planning for Maryland on
Q: Can a lawsuit assume a trust if a co-trustee is sued?

My sister has defaulted on a contract. I fear she is to be sued. She is co-trustee along with my Mother and myself of an account that pays for Mothers residential care. If sued will the party have access to the trust? Should we remove my sister's name from the trust to be able to assure... View More

Mark Oakley
Mark Oakley
answered on Oct 3, 2024

No, the assets of the trust cannot be attached or reached based upon a judgment entered against a trustee, who is not also the grantor of the trust, and who otherwise has no discretionary right to make distributions from the trust to herself for any reason. In your description, I assume your... View More

View More Answers

2 Answers | Asked in Constitutional Law for Maryland on
Q: Is it probable cause to search car due to previous search of car, Marijuana found about a month before it became legal.

Hello, I was taking my fiance to work today and got pulled over by a sheriff for Suspended Registration. My License was found to be suspended also. They sent the court date to the wrong address. The sheriff took my info and went back to his car. Another cop pulled up with a k-9. The original... View More

Mark Oakley
Mark Oakley
answered on Oct 1, 2024

No, the prior incident does not provide probable cause to search your vehicle in this incident. The remedy for an illegal search is suppression of the evidence at trial if you were charged with a criminal offense based on what they found.

If they found nothing, and you are just upset...
View More

View More Answers

3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Mark Oakley
Mark Oakley
answered on Oct 1, 2024

If you are suing for not more than $30,000 and do not want a jury trial, then you can file in District Court (trials are before a judge only), and you can use a District Court civil complaint form, and check the "tort" box. The forms are available online or at the courthouse. It's... View More

View More Answers

2 Answers | Asked in Real Estate Law and Small Claims for Maryland on
Q: What is the legal interest rate I can charge to collect money awarded to me in a civil case in Montgomery Co, MD?
Mark Oakley
Mark Oakley
answered on Sep 29, 2024

From the date of judgment, interest accrues at the statutory legal rate on the principal judgment amount at 10% per annum, simple interest (meaning, you cannot charge interest on the unpaid accrued interest). Simply multiply the judgment awarded by 0.10, then divide by 365 to get the daily rate.... View More

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: Is it legal to smuggle legal substances into a rehab that prohibits certain items? Kratom, alcohol, phenibut... ECT?

Substances federally and state legal. *Smuggling in for someone*

Mark Oakley
Mark Oakley
answered on Sep 29, 2024

Rehab facilities are typically private entities and what you can bring in is a matter of contract and following the facility’s rules. That would be strictly a civil matter. State and federal facilities may of statutory and regulatory rules in place, intentional violation of which could perhaps be... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Maryland on
Q: How can I convert a felony to a probation before judgment (PBJ) myself?

I was charged with a felony of theft in January of 2021 and placed on unsupervised probation for 18 months. I have not gotten into any trouble since then and finally ended my probation in July of 2023. During my journey to be a better person, I want to be the best mother I can be for my children... View More

Mark Oakley
Mark Oakley
answered on Sep 24, 2024

You are posting this from Atlanta, GA, marked as "federal crimes in Maryland."

First, you have directed your question to the Maryland section of the site, so you will only receive advice regarding the law in Maryland. If your case originates in Georgia where you are posting,...
View More

View More Answers

2 Answers | Asked in Probate for Maryland on
Q: I need to find the PA intestate laws that were in place in 1964. Where could I find this information?
Mark Oakley
Mark Oakley
answered on Sep 29, 2024

Why do you need this information 60 years after the fact? Are you questioning an estate distribution from 1964? I am not a PA lawyer so I cannot speak to PA law, but in most jurisdictions—such as Maryland where you posted this question—there is a statute of limitations for contesting an estate... View More

View More Answers

1 Answer | Asked in Estate Planning for Maryland on
Q: If I die before my spouse is he entitled to my 401K?

I accumulated all of my 401K funds prior to getting married. I have named beneficiaries (not my husband) on all of my 401Ks. He is named as my beneficiary on my life insurance. If I die before him, is he entitled to any of my 401K funds?

Mark Oakley
Mark Oakley
answered on Sep 13, 2024

Absent a pre- or postnuptial agreement that provides otherwise, a spouse has the right to reject whatever they are receiving under the deceased spouse’s will and elect their statutory share. The old law used to be a straight 1/3 to 1/2 (depending on whether there are minor children involved) of... View More

2 Answers | Asked in Civil Litigation for Maryland on
Q: My ex girlfriend won't return my car that I let her borrow. Can I use my spare key to get it back?

My ex girlfriend had moved in with me a few months ago and I've let her use my car while she was with me so she could save money. After our relationship was broken up recently she moved to a new place and disappeared with my car. I've contacted her a couple times trying to her to bring my... View More

Mark Oakley
Mark Oakley
answered on Sep 7, 2024

If your name is on the title, it’s your car, and you can take it any time you choose. Unless she paid you an agreed price to buy it from you, she has no “equitable” legal claim to try and keep it. The MVA and the courts will only recognize the owner whose name appears on the title. If both... View More

View More Answers

2 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Property left as tenants in common. One sibling was listed co-buyer on mortgage. 6 acres of land. Co- buyer own home?

Home and land was willed to 6 siblings. Mobile home was not attached to land as collateral and not on traditional permanent foundation. One sibling (not co-buyer stayed in home and paid off mortgage) Co- buyer signed over title. Now title is in one name and deed includes all siblings. Was this... View More

Mark Oakley
Mark Oakley
answered on Aug 31, 2024

Your description is too convoluted to make any sense out of it, and you are confused about the significance and relevance of being on the mortgage versus having an ownership interest in real property.

Whoever is listed on the deed is an owner. Being on obligor on the mortgage does not...
View More

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Father added my niece to his deed so she is now co-owner of house. Can he will or bequeath his share of the deed to me?
Mark Oakley
Mark Oakley
answered on Sep 7, 2024

It depends on how the co-ownership is designated on the deed.

Title to real property can be held as “tenants in common” (TC) or as “joint tenants with right of survival” (JT). If the deed does not state specifically that two or more titled owners are “tenants in common” then...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.