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2 Answers | Asked in Criminal Law for Maryland on
Q: My grandmother let me use my grandfather car because he no longer can drive and his car was safer and she said she feel

Better for me driving his car so I switched vehicles then month or so later she asked if I was going move my car out her driveway I told I needed order a tire everything was fine when tire came in immediately went over got my vehicle out her driveway and with no warning I learned after she had the... View More

Mark Oakley
Mark Oakley
answered on Apr 29, 2023

The District Court Commissioner is required to issue criminal charges if a person swears an oath regarding facts that if true would support the charge. The facts may later prove insufficient, or false. The State’s Attorney may review the charges and decide not to proceed, but generally you will... View More

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1 Answer | Asked in Business Law and Construction Law for Maryland on
Q: how much should a contractor ask for a down payment on a roof replacement

This is only a small roof

Mark Oakley
Mark Oakley
answered on Apr 25, 2023

Assuming this is for a residence, this is a home improvement project. By Maryland law, a contractor on a home improvement contract must hold a license from the Maryland Home Improvement Commission (MHIC). The contract must comply with multiple legal requirements, among which is that a down... View More

2 Answers | Asked in Estate Planning for Maryland on
Q: I want to be taken off a friend's will as executor, but she isn't cooperating. What recourse do I have?
Mark Oakley
Mark Oakley
answered on Apr 23, 2023

You have no control over what someone puts in their will. However, anyone can decline to accept appointment as an executor. Just because someone names you their executor does not mean that you have to accept it. If you refuse the honor, someone else may petition to be appointed or the court will... View More

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2 Answers | Asked in Contracts and Construction Law for Maryland on
Q: I am an unlicensed contractor, my client new this and that is why she asked me to do this project on her home. She kept

Changing orders and now is refusing my pay the change orders and will not let me proceed. She wants to file through the courts because she does not want to pay for the changes. Can I be liable because she knew I was not licensed?

Mark Oakley
Mark Oakley
answered on Apr 20, 2023

She can file a complaint with the Maryland Home Improvement Commission, which may take the case to the local prosecutor's office (in the county where the work was performed) and have charges filed against you for performing a home improvement without a license, a crime that carries possible... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: If the mother has full custody and she chose no child support, could she still put me on child support at a later date?

I gave away all my rights so the mother has full sole custody. In the paperwork she chose to not put me on child support at the time. If she ever wanted to could she put me on child support even though I’m not responsible for the child at all?

Mark Oakley
Mark Oakley
answered on Apr 5, 2023

Yes. Both parents ALWAYS remain legally responsble to support their minor children. That legal obligation cannot be waived and "contracted" away, except through legal adoption (where another person adopts your child and you relinquish your parental rights). Absent a legal adoption, if... View More

1 Answer | Asked in Foreclosure for Maryland on
Q: Just found out the house I’m living in is going through foreclosure am I a bona fid tenant

I have been living with my grandma the house is in her husband name no blood to me at all I found out he has been taking my half but not paying his and the mortgage will I still be a bona fid tenant after it sells will I get a 90 day notice to leave still because he is not blood related to me and... View More

Mark Oakley
Mark Oakley
answered on Apr 4, 2023

Unless you have a formal written lease and live in a separate unit with its own entrance in the property, you will not likely be treated as anything other than a member of the owner’s extended family. Regardless, you have a lot more than 90 days if the house has not yet been sold at a foreclosure... View More

2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for Maryland on
Q: Am I negligent?

I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No... View More

Mark Oakley
Mark Oakley
answered on Apr 4, 2023

I agree with Mr. Miller’s answer, but would add that the age of the child may play a factor in what may have been a more appropriate choice. As far as personal liability for the child’s parents making a claim for damages, there is likely no case there. As far as a negative employment... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Hello, my tenant is asking me to hang a large mirror that was left inside of the property. I would rather remove it due

to not wanting to be liable if something were to happen. However, they really want the mirror to be hung. How can i go about this so that i am not liable?

Mark Oakley
Mark Oakley
answered on Mar 31, 2023

If you own the mirror, or because it was abandoned by the prior tenant you may claim ownership, then it's yours to do as you please: retrieve and dispose of it, sell it, or give it away. If you give it to your new tenant, then you should make clear you are giving ownership of it to them, and... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can MD imprison someone who requires 24hr physical care? Can't walk, prepare food, or bathe alone, and has fluid wounds?

This person Has to have toilet needs brought to them, fluid wounds cleaned and rebandaged every other day, assisted with multiple areas for bathing, and all food and drinks brought to them. They also only have an electric wheelchair that has to be charged by someone else and they can't move... View More

Mark Oakley
Mark Oakley
answered on Mar 30, 2023

For a major felony where jail is the expected punishment, yes. Whether a defendant goes to jail or not depends on a lot of factors, in particular the seriousness of the crime, victim injury, the defendant’s past criminal history, etc. Most first offenders, misdemeanors and even felony property... View More

1 Answer | Asked in Collections and Probate for Maryland on
Q: How long can creditors make claims on a decedent's estate? All notices were given and the estate closed in Dec 2022.

The decedent died on 3/08/2022. The Notice to Creditors was published in March 2022 just after the decedent passed. The estate closed on 12/19/2022. I am personal representative and am still getting bills for medical services provided back in May 2021 thru January 2022. Am I obligated to pay them?

Mark Oakley
Mark Oakley
answered on Mar 29, 2023

If these bills are Medicare or Medicaid-related, and are requesting reimbursements for benefits paid through those programs, then maybe. Otherwise, creditors have an outer deadline of 6 months from the date of death to file a formal claim in the estate (not simply mail bills--the claim if a formal... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: Aunt passed away and left entire estate to the nieces and nephews of 2 of her 3 siblings.

The 2 siblings (parents of the beneficiaries) pre-deceased her. Her 3rd sibling is still living (her sister). She did not leave anything to her 3rd sibling (her sister) or her children.

The children of her living sister are threatening to contest the will. Can the nieces and nephews of... View More

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

The children of the living sibling of the decedent do not have standing to contest the will because they would not receive any part of the estate even if they prevailed--only their mother would if the will were set aside.

If the living sibling granted a power of attorney naming someone...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Maryland on
Q: Can someone abandon their LLC business and debt to then open a fresh new LLC offering and providing the same services

What is it called when someone abandons their LLC business, which is deeply in debt and owes back taxes, to then have someone else open a new LLC for them and that new LLC offer the very same services? Is it legal? It is essentially a one person business and without that person the new business... View More

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

More facts would be needed, but it is possible to pierce the corporate veil of the new company and go after the owner personally, or unwind the transfers of assets to the new company, under the theory of fraudulent conveyance, as well as violation of the Limited Liability Company Act that requires... View More

1 Answer | Asked in Criminal Law and Small Claims for Maryland on
Q: The law implies that it’s only “Highways” that you can’t pick up and drop passengers, so on any other road it’s okay?

If someone were to he picked up on a backroad or any other road other than a highway and then driven through the highway and dropped off on another back road, is that still legal?

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

MD Code, Transportation, § 11-127 -- Highway defined:

“Highway” means:

(1) The entire width between the boundary lines of any way or thoroughfare of which any part is used by the public for vehicular travel, whether or not the way or thoroughfare has been dedicated to the...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How do I know if my continuance was approved?

I filed a motion for continuance 3 days before my court date at the clerks office. They took it and gave me a copy but I’m not sure what the next steps are and my original court date is tomorrow.

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

Unless you confirm with the court beforehand that the court date has been cancelled and postponed, you should assume that the case has not been continued. Failure to appear could result in a default against you. By rule, a motion requesting any elief must be served on the opposing party, and... View More

2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: If a driver does not notify police following an accident (hit and run), what legal options does the victim have?

I'm curious about this as it pertains to Title 20 - Vehicle Laws -- Accidents and Accident Reports; Section 20-106 - Duty on Striking Domestic Animal. My dog was hit, and the driver stopped before driving away. I called the police to file a report & create a case, but I'm wondering... View More

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

The driver --assuming they were aware that they struck and injured the dog-- is in violation of Transportation Article 20-105 (failure to remain at scene of accident resulting in damage to unattended property--pets are deemed property under Maryland law), 20-105.1 (information required to be... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: If the firearm have been lost in a year old firearms case in Baltimore City, should the case be dismissed?

The charges are…..

1. LOADED HANDGUN IN VEHICLE

2. LOADED HANDGUN ON PERSON

3. HANDGUN IN VEHICLE

4. HANDGUN ON PERSON

There were 3 people in the car and the handguns were in the vehicle, but they were not found on the person who they actually belonged to.

Mark Oakley
Mark Oakley
answered on Mar 21, 2023

Depends on what other evidence there is in the case as to the presence and location of the guns, and the identification of the guns as real guns. Admissions in statements made by the defendants in the case may be sufficient together with officer testimony about the guns they found and seized. No... View More

1 Answer | Asked in Contracts for Maryland on
Q: can I get a refund after I unknowingly signed service main. contract. I told them I did not want. it has been 4 days pas

I purchased a ford truck 2023. They said if I cancell no refund and my payment remain the same and I will not get any maintenance service.

Mark Oakley
Mark Oakley
answered on Mar 19, 2023

Go to this site, navigate the links regarding consumer complaints and dealership complaints:

https://mva.maryland.gov/businesses/Pages/investigations.aspx

1 Answer | Asked in Family Law, Employment Law, Public Benefits and Social Security for Maryland on
Q: My husband died 5years ago he worked for opm when he retired he did not select the spouce benefit for me what can I do .
Mark Oakley
Mark Oakley
answered on Mar 19, 2023

When a married federal employee retires and claims their benefits, they have to choose whether to take a full or partial survivor benefit- or waive the survivor annuity altogether. To take a reduced benefit, or waive it, their spouse (you) must consent by signing a waiver that is included in the... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I be evicted without going to court?

I rented from someone who said that I could move in quickly but I had to clean dwelling and since basement was flooded I had to do that too. My rent was discounted with utilities included for just $650 monthly. I needed a place quickly for me and my 2 teenage sons. Mail was still being delivered... View More

Mark Oakley
Mark Oakley
answered on Mar 17, 2023

You list DC as where you are asking the question, but you posted this on the Maryland forum. My answer will apply to both, except licensing of rental properties are different as well as the eviction court procedures, in each jurisdiction. It sounds as though your "landlord" does not own... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Military Law for Maryland on
Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not

Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?

Mark Oakley
Mark Oakley
answered on Mar 17, 2023

There is a legal right in federal law that allows active military personnel to terminate a lease early when they have been given orders to relocate or deploy for duty outside of the area where the premises are located. That obligates the landlord to release the military tenant from the lease and... View More

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