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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
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?
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
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
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
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
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
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
I own a property that was remodeled but the work was done without the proper work permits and an inspector came and posted a stop work notice on the property. Bringing the property up to code required a significant financial investment as the work that was done was extensive and it was almost... View More
answered on Aug 28, 2024
Anybody can sue anybody for anything, and the person being sued will have to defend. There are various means and legal theories to pierce the company veil and reach the owner, but they all depend on a set of facts that your post doesn’t detail. You want a whole dissertation on all the ways the... View More
We want to protect his business from creditors until he is able to return to work.
answered on Aug 28, 2024
The best option is if he is mentally competent enough to sign a power of attorney that has a robust business management power section. If he is not mentally competent, then you will need to petition for guardianship. It is possible to do so on an emergency basis if there is an emergency, but it... View More
I would like to obtain my father's birth certificate. He is deceased, and he was born in Maryland. The Division of Vital Records in Maryland only allows people who are listed on the birth certificate (the parents of the child, and the child born) to request an official copy of the birth... View More
answered on Jun 18, 2024
How much money is it worth to spend in order to get a birth certificate of a deceased ancestor? What information is on the birth certificate that you cannot obtain anywhere else?
If you must have it, then you file a "Petition for Appropriate Relief" in the Circuit Court where you... View More
My kids are the beneficiaries of a trust set up by their deceased grandfather. It is for their education mainly, with health etc as a secondary goal. We have been using it with no issues but the co-trustee has resigned and the new trustee won't assume the role until they see the trust... View More
answered on Jun 18, 2024
(1) I assume you asked the co-trustee who resigned if they have a copy of the trust, or when they last saw a copy or who last had it; if not, start there, and then go back in time to the families of each prior trustee, if any, and ask about old paper files still in existence, that might contain a... View More
I filed my father’s will and was appointed executor by the courts but a few days after I did this someone else has presented a new will. Would they have to contest mine since the court already filed it or would theirs automatically be valid since it was more recent? And would they automatically... View More
answered on Apr 19, 2024
The Register of Wills will automatically convert the proceedings to Judicial Probate, and schedule a hearing to determine which Will is valid. You will likely be converted from a PR to a Special Administrator, which limits what you can do, pending determination by the court as to which will is the... View More
My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More
answered on Apr 5, 2024
First, your husband needs a lawyer. Second, you can only do two things: communicate to the State’s Attorneys Office your desire to not go forward with charges against your husband and your intent to invoke your privilege not to testify against your spouse; and then invoke your privilege on the... View More
answered on Mar 20, 2024
Yes, but before you do so, make sure that the disclaimer achieves the results you want it to achieve. A disclaimer by law is treated as if the person disclaiming died before the decedent. If the Will directs that a deceased heir’s share be distributed “per stripes”, or by some other method,... View More
its a bit complicated, the car title and tags are in my name, the person I had an agreement with has disappeared and I can't locate the car. I don't want to be responsible for the expenses if the car is towed to the county lot.
answered on Mar 15, 2024
Unless the agreement included a date the person was to return the car back to you, and they deliberately failed to do so with the intent to deprive you of the vehicle, then there is no crime to report (theft or unauthorized use of a motor vehicle), so going to the police will not likely help,... View More
They exposed my SS# and other private info. What recourse do I have?
answered on Mar 15, 2024
Perhaps there is a federal or state governmental agency that has regulatory authority to impose a fine or other sanction for failing to safeguard employees’ personally identifiable information. You would need to consult an employment lawyer in your area as to the existence of such a legal... View More
Concrete sidewalk/steps/handrails installed - paid in full $3900. MAJOR issues with the work and home inspection deemed all of work unsafe. Every other contractor said all concrete had to be removed and redone - basically start from scratch. Total paid to redo - $7100. Filed claim and have... View More
answered on Mar 2, 2024
The regulations governing the adjudication of claims against the Guaranty Fund specify the formulas to be used by the Commission when calculating an award for actual loss from the Guaranty Fund:
Unless it determines that a particular claim requires a unique measurement, the Commission shall... View More
My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More
answered on Mar 2, 2024
If the deed is owned as joint tenants, then your husband is now the sole owner and the house is not an asset of his father’s estate, so it doesn’t matter what the Will says.
If the deed is owned as tenants in common, then your husband now owns 50% of the house outright, and the other... View More
Employer made me sign a contract and said I have to ask and be approved to work at another business within the same industry (flight instruction). There is a termination fee of $2500 if I breach the contract or quit before 12 months working for them.
answered on Feb 25, 2024
I do not believe either provision in your contract is enforceable. The financial “penalty” of $2,500 smacks of an unenforceable penalty; however, if it is tied to an actual out-of-pocket cost to the employer, such as reimbursement for a paid training course the employer incurred to train you in... View More
I own a fully paid house in Rockville MD. I want to sell it to my mom but also have her put it into a trust with me as the beneficiary. Can I transfer the deed directly into her trust, or does the title first need to be transferred to my mom before she can transfer it into her trust?
answered on Feb 25, 2024
Before you do this, consult an estate planning lawyer! First, you would be making a gift to your mother in excess of the federal gift tax exclusion for a single donee in one year, which may not be of any consequence depending on the total value of your estate by the time you die, but it will also... View More
I plead in 2023 and won't be attending law school until 2027. That was my first time and last ever getting in trouble. It was an overall abusive 7 year relationship from HS until our early 20's; Verbally/emotionally from me and physically from my girlfriend. Only reason I decided to plead... View More
answered on Mar 2, 2024
I believe you mean a “probation before judgment” — there is nothing called a “pre-trial before judgment.” If you received a PBJ, then you will be eligible to expunge the record of the offenses from any background check. The date you can file for expungement is three years after your... View More
I am involved with a greek organization chapter currently facing a contractual dilemma and am seeking legal advice on how to navigate this situation. Three years ago, an officer, who has since left the chapter, signed a perpetual service agreement with a greek organization management platform. The... View More
answered on Feb 25, 2024
There is caselaw on this issue in Maryland, and as always, every case and contract turns on its peculiar facts and contract terms. If the cancellation fee (called “liquidated damages” in the law) exceeds a reasonable estimate of actual damages incurred, then it may be deemed an unenforceable... View More
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