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Questions Answered by Mark Oakley

1 Answer | Asked in Family Law for Maryland on

Q: My father left a will when He passed away I was 5 and it says that my mom and I are on the deed.

I’m from GlenBurnie Md and In my fathers will he left the house to my mom and me so I guess her and then it goes to me when she passes??? If my name is on the deed can I live in that house with my wife and children without being thrown out now sense I’m 41 and technically it’s part my house????

Mark Oakley answered on Jul 20, 2019

A lawyer would have to look at your grandfather’s will to ascertain how the house was to be distributed to you and your mom, as well as review the deed to the house to see whether it was titled in accordance with your grandfather’s will. Assuming that your name is on the deed together with your... Read more »

1 Answer | Asked in Criminal Law and Communications Law for Maryland on

Q: Can my boyfriend's parents put a restraining order against me for dating there son a being gay

There really homophobic and i never did a thing to them

Mark Oakley answered on Jul 20, 2019

Unless you’re 4 or more years older than your boyfriend, and he’s 15 or younger, then no, they cannot get a restraining order under the law.

1 Answer | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Maryland on

Q: Someone ran over my dog... Can they sue me for car damage?

Our dog was let outside (we live on a farm), she was unleashed. She ran out into the road and a speeding truck had run her over. He did not call the police. Our dog was taken to the vet immediately and stitched up (the vet bill was over $700). She was told she had a high chance to live but... Read more »

Mark Oakley answered on Jul 18, 2019

I am very sorry about your dog. Sadly, some people can have no sympathy whatsoever. Unfortunately, as owners of your dog, it is your obligation to maintain it under control and not allow it to run loose across traffic. The people should submit their claim to their car insurance, but legally, they... Read more »

1 Answer | Asked in Family Law and Appeals / Appellate Law for Maryland on

Q: Is a ruling final when the judge states, Dismissed, in court and the plaintiff asked to withdraw her motion?

Trying to decide if a ruling was based on the merits and therefore final and support Res Judicata on the same issue in the future. I was in court and told the judge I did not want to go forward with my motion because I did not know it was on the docket and am not prepared. Another issue of child... Read more »

Mark Oakley answered on Jul 13, 2019

In all likelihood, yes, the dismissal is with prejudice in these circumstances and you will be precluded from re-raising the same issue based on anything that has happened up through the date of dismissal. When a party comes to court on their trial date and is unprepared to proceed, unless the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on

Q: family member currently in custody 90 days now for a violation of parole & probation. how can we get a writ served?

this violation is based on a new arrest. The probation warrant came from judge in PG County & his current lawyer isn't much help at all.

Mark Oakley answered on Jul 13, 2019

He is as on parole and probation as well? If he was on parole (early conditional release from a prison sentence) and he was re-arrested on a new charge, parole is automatically revoked and he returns to prison to serve his existing sentence. Release on bond in that situation is rare. Even if he was... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on

Q: If a non custodial parent dies and he has a spouse how can I find out if there is an estate if child support is owed?

Mark Oakley answered on Jul 13, 2019

Check with the Register of Wills for the county where the person died. Estates are open to the public, and you can review the will and any listed assets in the inventory and accounting filed in the estate. In many cases where a married person dies, their home, bank accounts and other assets are... Read more »

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2 Answers | Asked in Contracts, Family Law and Real Estate Law for Maryland on

Q: MD Rule 8-209 & 8-210 give court jurisdiction to disperse of the property after 3 years if the PSA wasn't done.

Family law post divorce issue- the property settlement agreement (PSA) was never executed due to many issues one being frustration of the contract and the X refusing to do his share of the agreement making it impossible for wife to do her role so the marital house still sits paid for and not... Read more »

Mark Oakley answered on Jul 13, 2019

An unsigned agreement is no agreement at all, so unless your ex appeared in court and affirmatively adopted and agreed to the terms of the unsigned agreement as part of the divorce, then the terms of the agreement mean nothing. The issue is, what did the judgment of absolute divorce provide as to... Read more »

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1 Answer | Asked in Family Law and Child Support for Maryland on

Q: Exhusband owes back support $85K for 3 kids who graduated from college. He is working & has VA disablity. Can I collect

What do I need to do to get this back child support? I have expenses that I incurred to financially support our children for the past 20 years independently.

Mark Oakley answered on Jul 10, 2019

Consult a lawyer about this. It depends on when the child support order was entered, if the arrests or any part of the arrears was reduced to a monetary judgment, and how long it has been since the order and/or judgment has been entered. Generally, court orders for child support remain active... Read more »

2 Answers | Asked in Family Law and Child Custody for Maryland on

Q: What's a formal format letter for custody to be notarized vs going thru legal court system

What's the legal binding of this type of agreement

Mark Oakley answered on Jul 10, 2019

Lawyers draft separation, property settlement, custody and support agreements all the time, sometimes just addressing one or two of those issues. This forum is not designed to provide legal forms for do-it-yourself drafting. Custody, visitation and support agreements or consent orders (as well as... Read more »

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1 Answer | Asked in Traffic Tickets for Maryland on

Q: Will this excessive length ticket in a CMV go on my MVR as a moving violation?

Mark Oakley answered on Jul 10, 2019

“This excessive length ticket” .... ?? Maybe list the violations and explain where and what the circumstances were, and it may be possible to answer your question. Generally, if you are convicted of a driving offense, it goes on your driving record, along with any points connected to the... Read more »

1 Answer | Asked in Banking, Civil Litigation and Contracts for Maryland on

Q: if I use Maryland code § 11-504 regarding $6,000 exemption, can I file multiple objections if they file a 2nd garnishmen

I had a garnishment on a bank account and it was only $150.00 in it. I am filing an objection under the above code. If they file another garnishment on a separate bank account can I file another objection or is it a 1 and done objection?

Mark Oakley answered on Jul 9, 2019

Yes. You would have only used $150 of the exemption amount on the one account. Your exemption rights are static--they apply at any given snapshot in time to protect that amount of your assets, below which threshold creditors may not attach and seize, and above which they may. Where you have... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: I e been charged with unsafe backing up as well as dwls

The accident happened at my employer parking lot. I was moving the company van from in front of a garage door to a spot directly behind. Another vehicle was not paying attention and ran into me.

Is there a leg to stand on to plea not guilty?

Mark Oakley answered on Jul 9, 2019

It is unclear on your facts whether the accident was your fault or not--generally speaking, if you were backing up, it is more likely your fault, but that is really irrelevant to your bigger issue, which is being charged with driving while intoxicated or--if this is what you mean: driving without a... Read more »

1 Answer | Asked in Banking, Consumer Law, Contracts and Small Claims for Maryland on

Q: can a lender garnish a bank account with only $150.00 in it? on a $10,000 judgement. What can we do?

my wife and I left a leased property early and had a $10,000 judgement entered against us. Today we saw her account with $150.00 was garnished.

Mark Oakley answered on Jul 6, 2019

Yes. However, all persons in Maryland have statutory exemption rights. Basically, there are various dollar amounts that you can exempt from attachment by judgment creditors. Chief among those exemptions is the $6,000 “wild card” exemption that can be used on any asset you own, including cash in... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: I work in Maryland, my employer has not provided a pay stub for months and refuses to provide pay history information.

ADP hasn't been updated since May, logging in/and out doesn't register so I don't know if I'm receiving correct wages or if taxes are being withheld. Every two weeks I am put in the position of having to beg for my pay, asking how will I be paid this week..will it be check, wire transfer (which... Read more »

Mark Oakley answered on Jul 6, 2019

File a complaint with the Maryland Wage and Labor Board on the DLLR website; or retain an employment lawyer. You can check whether payroll taxes are being properly paid by checking with Maryland SDAT and the IRS. An accountant can assist you with obtaining those records, if you are not able to... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Does an adult who doesn't pay rent or utilities in my home have any rights to stay when asked to leave?

This person (close family member) has lived in my house for two years and I have given them six months' notice to leave. We are at the halfway mark and they just told me that they haven't found a job yet (highly intelligent person with a Master's degree) and plan to invest a large sum of their... Read more »

Mark Oakley answered on Jul 6, 2019

If they’re not paying rent, then the document you signed giving them until October is not supported by consideration and is not legally enforceable. A binding contract requires that both parties receive something of value in consideration of entering into it. Your family member gets value (a free... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: Whats my defense if my friend loaned me his car but his guardian of power list it as stolen?

Mark Oakley answered on Jul 6, 2019

A person can be a court appointed guardian of a minor or mentally incompetent adult, or can be named as an agent for someone under their written power of attorney. No such thing as “power of guardian.” Depending on which one is in effect, your defense may change. If your friend had the legal... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: What is offense code 27.26 for maryland mean?

Mark Oakley answered on Jul 5, 2019

It is not a current criminal code reference. Therefore, it either refers to a pre-2002 criminal offense under repealed Article 27, Section 26 (juror tampering or intimidation), or its a reference to a county or municipal code infraction (in which case you need to specify the jurisdiction). Or... Read more »

2 Answers | Asked in Contracts for Maryland on

Q: What exactly is a contract?

In 2016 I got scholarship offers and one of which I took came with the condition I would have to work for the school board for two years after graduation or I would have to pay back everything they paid for. I was all onboard but at the time a lot of things was at play and now I cannot pay it back... Read more »

Mark Oakley answered on Jul 4, 2019

Take the loan agreement to a lawyer to review. Being a minor at the time of signing may be a basis to walk away. There may be other ways as well.

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1 Answer | Asked in Traffic Tickets for Maryland on

Q: I got pulled over in Columbia, MD for driving on a out of state suspended license.

If I get my license active will my case be resolved with no repercussions. I have to go to court on July 30, 2019. I really don't have the money for a lawyer. The lawyer I spoke with wants $1350 I really can't afford that right now. I just started my new job and only been there for 3 weeks. I was... Read more »

Mark Oakley answered on Jul 4, 2019

Was your license suspended for an unpaid ticket? Can you pay the ticket, which should immediately reinstate your privilege in the other state? Once you’ve done that, get proof. There are two possible subsections of the driving suspended code provision you were cited under. One is serious, meaning... Read more »

2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on

Q: First offense. Arrested for DUI after accident. No paramedics, denied opportunity to speak to a lawyer entire time.

Hit a pole driving with a friend. Police showed up, pulled us from the car, and started administering FST right away. Blew breathalyzer and was arrested afterwards. Taken to station, blew breathalyzer there and blew .16. Released afterwards. No paramedics were called and asked for a lawyer from the... Read more »

Mark Oakley answered on Jul 4, 2019

If by “beating the case” you mean winning at trial, there are not enough details in your description to give any definitive opinion, but the accident is more than enough probable cause for an officer to initiate a stop and a investigation, and then everything else flows from there as to... Read more »

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