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Questions Answered by Mark Oakley
2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: We have an old will for my mother, my brother is has the Power of Attorney from the existing will. We want revocation

Of the old will and make a new one

Mark Oakley
Mark Oakley answered on Sep 29, 2020

You need a lawyer in the state where your mother resides (you list Charlotte, NC, in the posting). So long as your mother is mentally competent, then she can execute a new Will. However, a Will does not act as or grant someone the authority to act as someone's attorney-in-fact like a power... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: Why am I being charged for defending myself in my own home?

I was attacked from behind in my own house. I tried using a knife to defend myself but before i could i was slammed to the ground and unconcious a few seconds. Why am i being charged?

Mark Oakley
Mark Oakley answered on Sep 29, 2020

The charging document (Statement of Charges) will provide a factual explanation that meets the legal definition of whatever offense you have been charged with. You may dispute those factual events alleged in the Statement of Charges, but they form the predicate for the crimes you are charged... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I gave notice to move at end of month. New place isn't ready. Landlord said I can't hold over. What happens if I stay

Leasing office said that my apartment is rented already and there are no other 2 bedroom units they could assign to the new tenants. It will be very hard to pack and get movers and be out by Tuesday. I've been told I'd I'm not out by Tuesday at 5pm they will take possession by... Read more »

Mark Oakley
Mark Oakley answered on Sep 26, 2020

They cannot legally do that. If you don’t leave you’re just a tenant holding over. They’d have to file an eviction proceeding. Could take months to get evicted.

1 Answer | Asked in Elder Law for Maryland on
Q: What type of attorney to handle elder financial abuse?

My sister appointed a family member as her POA when she was living in assisted living. My sister now lives with family and want to reclaim her independence. The POA never kept her in the loop on any financial matter, has her financial accounts set up so she can’t gain access easily and my sister... Read more »

Mark Oakley
Mark Oakley answered on Sep 26, 2020

Call a lawyer. Have the lawyer contact the State’s Attorney’s Office, and have them indict your sister or issue a warrant for your sister’s arrest and prosecution for elder abuse, embezzlement and theft.

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: My sister has an alcohol addiction and while in 2 week in-patient treatment I began caring for her dog. That was 1.5 yrs

ago and she has not once physically come to get her dog and now is threatening to send sheriff take me to court. Is this a civil matter since no criminal theft occured no police report? Can I defend that Im now primary caregiver and property abandonment? She does have original adoption papers for... Read more »

Mark Oakley
Mark Oakley answered on Sep 18, 2020

The only legal defense you have to keep the dog based on your description is if you convince the court she abandoned the dog, or intended to give the dog to you. Get the proof from whomever she told that she had abandoned the dog. That’s an admission against interest. You also have a... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Would having someone else write an statement and you agree to what’s written...be perjury!

If my sons father has his wife complete the protective order for him statement and all and he signs it would I be able to get the order dismissed to perjury him saying he completed the form when it’s two different hand writings?

Mark Oakley
Mark Oakley answered on Sep 18, 2020

No. Who wrote the statement is not relevant. So long as he signed the petition and made oath or affirmation the the statements were true, the petition is not invalid. Of course, you can cross-examine him about those written statements not being his, and therefore represent his wife’s eye-witness... Read more »

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2 Answers | Asked in Domestic Violence for Maryland on
Q: Hi, My final protective order was dismissed. Will shielding hide the interm and temporary RO too?

I was granted an interm and a temporary restraining order against my sister-in-law, but the final protective order was dismissed b/c all of my evidence came from my brother-in-law’s phone and he was not present at the hearing (he had given me copies of all of the texts and voicemails).

If... Read more »

Mark Oakley
Mark Oakley answered on Sep 18, 2020

You can contest it and state it was not dismissed on the merits (I.e., the court did not make a finding that the harassment didn’t happen), but because you didn’t know how to introduce the harassing text messages into evidence, and you as an unrepresented litigate we’re unfamiliar with the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: My father died in Maryland without a will.He has credit card debt. A home worth 53000 where my mom lives.

Do we have to sell the house to pay 4000 in credit card debt? My mom and I would like to take over the house. Brother doesn't want anything and all my dad had was the house. He took my mom's name off of the deed in 2001. We don't know why. We don't want to loose our home.

Mark Oakley
Mark Oakley answered on Sep 17, 2020

Discuss this with a lawyer. One option: Wait 6 months after date of death before opening the estate, and do not talk to the credit card companies or volunteer that he died, just stop making payments and ignore their calls. After 6 months open the estate and if the credit card companies file claims... Read more »

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Do I need to be present in court if I request a trial for a speeding ticket?

Got a $290 ticket for doing 63 in a 30. If I request a hearing, do I need to show in court or can I just send a lawyer?

Mark Oakley
Mark Oakley answered on Sep 17, 2020

A lawyer can appear for you without you being present. This is a 5 point offense. It does look better if you appear in person, but I have appeared for numerous clients who were from out of state and travel back was just too expensive and time consuming so that was never held against them. You’ll... Read more »

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1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Maryland on
Q: Divorced in Maryland; former wife refusing visitation. Making statements that I am not their parent now.

We have a court signed Settlement Agreement granting "joint legal custody." The order outlines that I have unlimited access and visitation rights to our children. However, the former wife routinely states that "you are not their parent, I am." When I press visitation issues,... Read more »

Mark Oakley
Mark Oakley answered on Sep 17, 2020

File a motion to enforce court order/settlement agreement, and for contempt. Ask further for a set schedule of visitation, or to modify custody to make you the primary custodian since she is not allowing access.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Need copy: Annotated Code of Maryland (1973 Replacement Volume), Title 8, Article 21, Section 102, & subsection thereof

Has to do with Ground Leases

Mark Oakley
Mark Oakley answered on Sep 17, 2020

Contact the circuit court law library in the county or City of Baltimore where you live to see if they have the old volumes of the Code you are looking for; or you may contact the Maryland Department of Legislative Services, which archives all the laws.... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Is “Dangerous weapon-Intent/Injure a felony or misdemeanor charge?

CR.4.101.(c)(2) Is the statute

Mark Oakley
Mark Oakley answered on Sep 17, 2020

Misdemeanor, up to 3 years, $1,000 fine.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: I might partner on 2 rental properties. In addition to a contract, which is better, a lien or being added to the deed?

An acquaintance of mine (I’ll call him Ted) acquired two rental properties, one in Baltimore City and one in Baltimore County. After Ted's original business partner fell through (due $ and COVID), Ted asked if I could provide the money to convert both properties into multi-unit dwellings and... Read more »

Mark Oakley
Mark Oakley answered on Sep 17, 2020

See a lawyer familiar with real estate and business before you agree to anything like this. Not enough information to evaluate whether this is a good economic deal for you, but that depends on Ted's equity position in the properties (FMV less debt owed). But he expects you to fund major... Read more »

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1 Answer | Asked in Health Care Law for Maryland on
Q: Are the statue of limitations gone for holding the hospital doctors liable for my moms death 2006 she was allowed to fal

The wing she was on was closed right after her fall she began bleeding internally and died lawyer told me no one would win against HCA corporation here in Tennesse

Mark Oakley
Mark Oakley answered on Sep 14, 2020

You are asking a statute of limitations question regarding Tennessee law, so you need to ask this for a Tennessee lawyer to respond to and not a Maryland lawyer. That said, most statutes of limitations are measured in a single digit number of years, on the lower end of the number scale (2-3 years,... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Hi is there anyone that can explain what it means on case search when the comments on a habeas corpus says district

Court cd received?

Mark Oakley
Mark Oakley answered on Sep 14, 2020

District court proceedings are recorded. When a matter is being reviewed, the audio recording generally is ordered on a compact disk (“cd”) either to have an official written transcript of the proceedings prepared, or so that it can be listened to by the reviewing court and parties.

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2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: What is the legal definition of when you have "secure financing" in the sale of a house? From case law or regular law?

If a contract says that a buyer has to "secure financing" by X date what is the actual interpretation of that? Do they need to be able to close the loan and sale or just show they have applied for a loan or just a pre-approval?

Mark Oakley
Mark Oakley answered on Sep 11, 2020

More than pre-approval. You get a commitment letter for financing from the lender, usually with a proviso that none of the borrowers qualifying information changes.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Its my first time in trouble and I got a change for destruction of property and its value is 1,000 and a mistamener
Mark Oakley
Mark Oakley answered on Sep 9, 2020

Hire a lawyer. There’s a good chance of working out a deal not only to avoid a conviction, but possibly getting the charges dropped in exchange for some community service hours.

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Will I get a point on my license for this?
Mark Oakley
Mark Oakley answered on Sep 6, 2020

You did not identify the section of the traffic code or the description of the charged offense. All moving violations carry points—generally, violations of rules of the road, such as speeding, failure to stop at a stop sign, unsafe lane change, etc. The amount of points vary depending on the... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: Is it possible get a theft misdemeanor case dismiss and sealed for a first time offender?

Two citations were given for a scheduled court date. The basis of the charge is shoplifting.

A court date has not been set yet.

Mark Oakley
Mark Oakley answered on Aug 24, 2020

Yes, it is possible, but hire a lawyer to insure that result.

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1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can a resident of Virginia obtain a drivers license if a Maryland drivers license was revoked?
Mark Oakley
Mark Oakley answered on Aug 22, 2020

Once your license is suspended or revoked in one state, no other state will issue you a license until you reinstate your privilege in the state where you’re suspended or revoked. This is the interstate compact adopted in all but three states, but even in those three states you are unlikely to get... Read more »

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