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I have been confirmed as the Successor in Interest by the mortgage company.
We did not have a will when my husband passed. Could you explain what I need to do in order to
sell the property. I need to downsize because the property is over 3200 square feet and it is becoming... View More
answered on Oct 22, 2024
I am sorry for your loss. Married couples can hold property a few different ways and how the title reads on the deed affects what you need to do when one person passes.
Usually (but not always) married couples own property as "tenants by the entirety" - if so, then by operation... View More
My sister has defaulted on a contract. I fear she is to be sued. She is co-trustee along with my Mother and myself of an account that pays for Mothers residential care. If sued will the party have access to the trust? Should we remove my sister's name from the trust to be able to assure... View More
answered on Oct 3, 2024
A Trustee overseeing someone else's Trust is a fiduciary or someone who manages someone else's money/assets. In some situations a Trustee actually manages their own assets for their own benefit in which case their creditors could usually get at such assets. However, when a fiduciary... View More
In the spirit and intent of minimum wage is there minimum hours per week an employer shall provide for part time employment according to the law ?
answered on Aug 31, 2024
Maryland law does not set any kind of minimum hours per week for part-time employees. It is up to the employer and employee to determine the schedule. Except for a few limited exceptions, minimum wage is not dependent on the number of hours worked and applies whether an employee works 1 or 40... View More
I purchased a 2013 650I BMW from an Annapolis MD dealership in or around 7/2022 which unbeknownst to me was a lemon. To my surprise, I learned during a service call for an oil change in 6/2024 that the vehicle which has been driven minimally as a result of me working from home during the pandemic... View More
answered on Aug 31, 2024
While it is frustrating to have significant repairs on a vehicle you recently purchased, a used vehicle that is 9 or 10 years old does not have the same warranties as a new car.
Maryland's "lemon law" applies to a NEW passenger car, light truck or motorcycle that has... View More
I want to do a e commerce business where I order goods cheaply on-line and store them at my home/sell to customers via e commerce site. I will not be making any goods. I know I need a trader's license from the clerk of the court and I need to do a home affidavit form for zoning BUT that form... View More
answered on Aug 31, 2024
Business uses are limited in residential districts. What can permissibly be done in a particular zoning district varies greatly by county in Maryland. If a desired use is not allowed in a particular district in your particular county, the only options are to petition for a zoning reclassification... View More
answered on Aug 31, 2024
Your post doesn't describe whether your son is the sole owner or whether he is in MD or DE. I presume that he is in MD.
If your son runs this business as a sole proprietorship a financial Power of Attorney should give persons of his choosing authority to manage his affairs,... View More
I moved into my Baltimore County apartment 3 weeks ago and the sink was already partially backed up with a broken garbage disposal. I've made several different type of attempts to get the landlords to fix it, but they are taking their time. This has made the kitchen unusable for cooking as it... View More
answered on Aug 31, 2024
Maryland law requires that rental units be livable with essentials like heat and running water. Whether a backed up drain makes property unlivable or not would heavily depend on the circumstances. A single slow moving drain probably does not render property unlivable but if there were no working... 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
An attorney cannot realistically analyze the state of a particular title without looking at the estate filings and the deed. That said, I'll try to give some general information below that might be helpful.
"Title" and "Deed" are generally interchangeable terms... View More
answered on Aug 31, 2024
Generally speaking co-owners can each freely transfer their interest in real property. However, if there are survivorship rights already in the deed a Will is ineffective to transfer to someone else (because it will go to the survivor in the deed and not be a part of the deceased person's... View More
Is an attorney needed to add the property or is there a form that can be filled out?
answered on Aug 31, 2024
Property is transferred to a Trust through means of a Deed or Assignment depending on whether the property has a ground rent. Different counties have additional requirements and all deeds require an intake (and in some cases affidavits). While deeds are not terribly complex, there are a lot of... View More
The land is taxed way above actual value . It was on the market for years. Before the owners died , So it is basically unsaleable. I would like to forfeit the land in exchange for the debt located Mechanicsville Maryland.
answered on Aug 28, 2024
While there is no legal process to "forfeit land" practically speaking if the owner defaults on the annual property taxes it would go into tax sale, and if someone else purchased the property at tax sale it would have the same practical effect as forfeiting. However, a Personal... View More
answered on Apr 1, 2024
Without knowing any of the context, yes, an estate may receive real property. You'd naturally want to coordinate this with the Personal Representative. 10 years is an unusually long time for an estate to remain open.
While not legal advice, I hope that this helps.
There is still some mortgage left. Mom is willing to do this. How do I go about it with least financial consequences?
answered on Apr 1, 2024
The situation you describe comes up quite frequently (where someone owns property with their mom and/or dad, gets married and wants to hold the property together with their spouse).
There are 3 different state and county-level transfer taxes that come into play with real property... 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
It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More
My boyfriend and I haven't been together that long. He states that he needs someone on his next of kin paperwork. He wants to put me on there. The lawyer emailed me and said that he needs name, address, picture of ID and social security number to run security checks and verification to make... View More
answered on Mar 2, 2024
It really isn't clear what you mean by "next of kin paperwork." Do you mean the attorney is designating you in estate planning documents? While it is very common to request addresses and phone numbers of beneficiaries, it would be quite unusual to ask for a beneficiary's... View More
answered on Mar 2, 2024
If you desire to handle the probate process by yourself without paying for an attorney to handle the full estate, you may find that a hour or so consultation with an experienced estate practitioner can help provide very helpful framework and tools. The average probate case in Maryland takes 9... View More
is 473,300. How much would the estate tax be? I live in Md
answered on Feb 13, 2024
Maryland has several different "death taxes" and it really isn't possible to define the taxes without knowing the full context. If an attorney is assisting with the estate they should be able to discuss these in depth based on the specifics of your situation. However, generally... View More
Home in hyattsville.
answered on Jan 10, 2024
Hi,
This is a pretty common scenario. What options the family has depends in large part on where you are in the inheritance process. If the property is still in the name of the deceased person, then the Personal Representative usually has very wide discretion to sell the property and... View More
I have signed documentation from my mother while she was alive that my daughter can live rent free in her house if she pays bge/oil. My mother has passed. My sister and her lawyer are demanding rent be paid to the estate. Is that legal?
answered on Dec 20, 2023
An attorney cannot realistically answer questions pertaining to someone's specific rights in property based on unknown documents without sitting down and looking at the documents in question.
That said, it would generally be "legal" for an estate to ask someone occupying... View More
Can PMI removal be denied for paying your mortgage down faster than the standard schedule? I'm at 76% LTV of my original loan amount, but 3 years before the standard schedule says I should be. Is there anyway around that without paying for a BPO?
answered on Dec 20, 2023
The Consumer Financial Protection Bureau (a federal agency) has a wealth of information relative to this exact topic of removing PMI which can be accessed at the following site:
https://www.consumerfinance.gov/ask-cfpb/when-can-i-remove-private-mortgage-insurance-pmi-from-my-loan-en-202/... View More
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