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Questions Answered by Mark Oakley
1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for Maryland on
Q: What are the legal consequences of a neighbor making verbal threats to harm me in Maryland?

I've been receiving numerous verbal threats from my neighbor, who has repeatedly threatened to knock out my teeth and lights. My roommate has witnessed these threats on several occasions, and there have been about a dozen incidents overall. I am trying to find information about the legal... View More

Mark Oakley
Mark Oakley
answered on Apr 18, 2025

MD Code, Criminal Law, § 3-803. Harassment.

Prohibited

(a) A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

(1) with the intent to harass, alarm, or annoy the other;...
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2 Answers | Asked in Child Support, Child Custody and Family Law for Maryland on
Q: How to stop child support after child graduates & turns 18 in MD?

I am a divorced father in Maryland and have been paying child support for over 13 years, with shared 50/50 physical custody of my two children. My eldest child is 19 and in college, while my youngest will turn 18 and graduate high school in May 2025. The other parent is aware of my intention to... View More

Mark Oakley
Mark Oakley
answered on Apr 18, 2025

Unless there is an earnings withholding order served on your employer that is automatically garnishing your pay to cover your child support obligation which you need to terminate, you simply stop paying as soon as your child turns 18 or graduates high school (whichever is later). No petition to... View More

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3 Answers | Asked in Estate Planning, Probate and Tax Law for Maryland on
Q: Steps to transfer a home from a trust to a single beneficiary in Maryland.

My wife's mother passed away last year, and her trust includes a home near Solomons Island, Maryland, with five beneficiaries. The executor managing the estate, along with all beneficiaries, agrees to give the home to a single beneficiary. We want to ensure that this transfer happens smoothly... View More

Mark Oakley
Mark Oakley
answered on Apr 12, 2025

Maryland’s 10% Inheritance tax only applies to non-spouses, non-lineal heirs and ancestors, and non-siblings. So, for instance, if the beneficiary receiving title to the house is a child of the deceased grantor of the trust, then there is no inheritance tax. In addition, assuming the grantor of... View More

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4 Answers | Asked in Civil Litigation, Probate, Libel & Slander and Personal Injury for Maryland on
Q: What can I do if I was falsely claimed deceased in my mother's will?

In 2018, my mother passed away, and I recently discovered in April 2025 that she and her granddaughter falsely claimed I was deceased in her will and estate documents. As a result, I was not named in the will, and my mother stated she had no children. The estate has already been probated and... View More

Mark Oakley
Mark Oakley
answered on Apr 11, 2025

When was the estate opened? When did you become aware there was an estate opened? When was the estate closed? 2018 is 7 years ago. If the estate is now closed for several years, and if you knew that your mother had passed away and that an estate was opened before the estate closed, then you... View More

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3 Answers | Asked in Business Law, Contracts, Bankruptcy and Real Estate Law for Maryland on
Q: What lawyer needed for family business dispute over asset paid by business?

I started and operated a family business, but my relatives put everything under their name. There were good faith agreements but no written contracts. I was listed as the manager with full qualifications, and I managed operations for 10 years. They were not qualified or present for operations. I... View More

Mark Oakley
Mark Oakley
answered on Apr 1, 2025

If you want to sue them for the business assets, i.e., the house, then you're going to have a statute of limitations problem on your claim for waiting for 7 years after the business was closed and filed for bankruptcy, and potentially an issue with the bankruptcy court, since it sounds like... View More

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2 Answers | Asked in Business Formation and Business Law for Maryland on
Q: How can I keep my home address private for a Maryland sole proprietorship?

I'm planning to start a sole proprietorship in Maryland, providing video production services from my home. I deeply value privacy and want to keep my home address private. The filing website mentions that a P.O. Box cannot be used. Can I use a registered agent to maintain my privacy? Are there... View More

Mark Oakley
Mark Oakley
answered on Mar 31, 2025

You need a real address for the principal office. It does not need to be your personal residence. Obviously, that means you need to arrange for another address. If you have a friend or colleague willing to let you use their existing office for the purpose, basically a mail drop for you, that’s... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can a parent be forced to pay for daycare used by the other parent in a 50/50 custody arrangement?

I have a 50/50 custody agreement with my child's other parent, where we have 3 days on and 3 days off. The child's mother uses daycare for her custodial days because of her work requirements. However, I do not need daycare during my custodial days. There is no provision in our custody... View More

Mark Oakley
Mark Oakley
answered on Mar 31, 2025

A court can always modify a child support agreement in accordance with the Maryland Child Support Guidelines, which are mandated by statute and generally cannot be waived by agreement of the parents. So either parent can go to court to modify an agreed child support arrangement using the... View More

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2 Answers | Asked in Business Law, Consumer Law, Real Estate Law and Tax Law for Maryland on
Q: Can I legally use a decommissioned ambulance as a personal vehicle in Maryland?

I live in Maryland and want to own and operate a decommissioned ambulance as a personal vehicle, possibly converting it into a camper van. I'm concerned about the legality, insurance, and registration requirements for such a vehicle. Are there any laws in Maryland preventing this, and what... View More

Mark Oakley
Mark Oakley
answered on Mar 31, 2025

Yes, you can register and drive a de-commissioned ambulance as a used truck. You must remove all emergency lights and logos/wording/markings designating it as an emergency vehicle (the words “emergency,” “EMS,” crosses, etc.). You should check with the MVA whether anything else must be... View More

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2 Answers | Asked in Civil Rights and Gov & Administrative Law for Maryland on
Q: Concern about legal trouble when emailing former friend after years without contact in Maryland.

I live in Maryland and want to send an email to a former friend whom I haven't contacted in years after she blocked me. I want to apologize, wish her well, and discuss something personal to get it off my chest. I'm concerned about potential legal repercussions like being charged with... View More

Mark Oakley
Mark Oakley
answered on Mar 26, 2025

Civil or criminal harassment is defined as a pattern of repeated contacts or communications that seriously annoys another person. A single communication does not qualify. I assume this person did not previously file for a restraining order or pursue criminal charges against you; however, if my... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Am I at fault for turning right on a red light without signs prohibiting or requiring a stop?

I received a traffic ticket for allegedly violating Maryland State Law Transportation Article Section 21-202.1 by making a right turn at a red light without stopping. The intersection at New Hampshire Ave and Holton Ln did not have any signs prohibiting turns on red or requiring a stop before... View More

Mark Oakley
Mark Oakley
answered on Mar 26, 2025

Yes, you are at fault. ALL red lights require a full stop, even those where by law you are allowed to make a right turn. The right turn is allowed after you stop. You were treating a right turn on a red light as if you had a green right turn arrow. That isn't the law.

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3 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: HOA requests removal of fence on HOA property after 27 years. What are my rights in Maryland?

I received a written request from my HOA asking me to remove a fence that has been on HOA property for 27 years. I have been maintaining and upkeeping the fence all this time, but there was no original documentation or agreement regarding its installation. We have not had any prior disputes with... View More

Mark Oakley
Mark Oakley
answered on Mar 26, 2025

Obviously, you would like to leave the fence where it is.

First, you need to look at your HOA governing documents and covenants filed in the land records, or better, have a lawyer do so, and review issues relating to the right to claim adverse possession over common community property of...
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4 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Finding exemption codes for deed transfer in Maryland from mother to son

I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

Mark Oakley
Mark Oakley
answered on Mar 25, 2025

I agree with the other two answers. I am adding this additional response so that you can undertand some of the tax consequences and reconsider what you are doing so as to avoid those extra taxes.

When a person sells their property during their lifetime, they may realize a capital gain,...
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3 Answers | Asked in International Law, Real Estate Law, Gov & Administrative Law and Probate for Maryland on
Q: Distribution of Bangladeshi property and bank accounts for US citizen father's estate with minor US citizen children involved.

My father was a Bangladeshi citizen by birth but later became a US citizen through naturalization. He passed away in the USA and left behind real estate, land properties, and bank accounts in Bangladesh. He has minor children who are US citizens. There is no will, and legal proceedings have been... View More

Mark Oakley
Mark Oakley
answered on Mar 22, 2025

His overseas assets will be distributed according to the law of the country where those assets are located. Therefore, you will need to locate a lawyer in that country and open an estate there to pass ownership to his children, assuming that is who inherits under the laws of Bangladesh.

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4 Answers | Asked in Divorce, Real Estate Law and Contracts for Maryland on
Q: Divorce and house buyout: future sale costs in Maryland

In a Maryland divorce case, my spouse and I jointly own a home. My spouse is keeping the house and buying me out. Their attorney is proposing that the potential future cost of sale be divided in half and subtracted from my buyout portion. We have no terms in our divorce agreement or prior... View More

Mark Oakley
Mark Oakley
answered on Mar 25, 2025

Your agreement should spell out any deductions. If the language does not provide for spitting the hypothetical costs of sale to a third party, then you should not assume that such a deduction is required; in fact, it could very well be the opposite. Take your marital property agreement to your... View More

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2 Answers | 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

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3 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

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