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I need to obtain power of attorney for my uncle, who is in a nursing home and requires assistance with both his personal care and managing his financial and medical decisions. He is currently unable to make most decisions independently. Which type of power of attorney would be most appropriate in... View More

answered on Mar 8, 2025
Generally there are two types of Powers of Attorney in Maryland: Health Care and Financial. They each appoint an agent, the health care agent to manage health care and the financial agent to manage financial and related affairs. Most people should have both. These are generally NOT combined in... View More
If my mom passes away, her house, located in Maryland, is in a trust for my brother and me. Am I able to move the property into my separate trust for my children and still receive a step-up in basis? I plan to give my brother half of the property's current value in cash. Would I need to first... View More

answered on Mar 7, 2025
Although an attorney cannot answer specific questions about a specific Trust without seeing the Trust terms, generally speaking there is a stepped-up basis for inherited property. There are different kinds of Trusts and the post doesn't say what kind is involved here but for a typical... View More
also she was increasing the rent during this period and the property is in need of major repairs. although she has applied for a new one this month. Do I have to pay rent once DPIE denies her new license?

answered on Feb 3, 2025
Because an online post can only offer general information you may want to talk to a local landlord/tenant attorney regarding your specific situation.
Generally speaking, a landlord in Maryland can increase rents at any lease renewal UNLESS there is a specific local rule that applies. The... View More

answered on Feb 3, 2025
Commission must be approved by the court (or consented to by all heirs) before being paid out but Maryland law sets reasonable compensation as 3.6% of the probate assets over $20,000 (a different percentage applies to the first $20k).
Note that a commission is viewed as income for work... View More
All the above documents were created when she still split her time between the states of Connecticut and Florida, and the documents identify her as a resident of Connecticut. She changed her residency to Florida in 2014. Will her documents be invalid because of this change? I fear showing up to the... View More

answered on Feb 3, 2025
As another attorney noted, planning documents valid when created remain valid when the planner moves.
That said, if the planner is still competent, it can be a good idea to re-do financial Powers of Attorney in the new state, among other reasons because institutions in that state will be... View More
There have been multiple car break-ins at our property and there are no security cameras present and the parking lots are not well lit. There are underage students smoking marijuana in the enclosed stairwells, there are rat issues, a homeless individual sleeping in the building's hallways, our... View More

answered on Jan 11, 2025
All of those conditions sound like a reason to consider moving at the end of a lease term, or possibly attempting to negotiate an early exit (which would require both parties to agree).
Things like a lack of security cameras and insufficient lighting wouldn't ordinarily be a breach... View More
I was illegally evicted without an official court order by the Landlords entire family. I was pregnant, high risk and baby was born preterm as a result.

answered on Jan 11, 2025
It is very difficult to know what, if any, damages may be available without knowing exactly how the eviction was "illegal." A Landlord can lawfully ask a Tenant to leave if the lease is up, or if the tenant doesn't pay, or if a lease term is breached, etc., by giving written... View More
The estate was closed and settled on 6/2021. I have since joined a class action regarding my husbands illness. A settlement amount has been offered. What do I need to do if anything? Ty in advance This was in Maryland. However I currently reside with kids in Pennsylvania.

answered on Dec 17, 2024
Assuming some or all of the funds will be payable to your late husband's estate, any additional funds will require filing a supplemental inventory and supplemental account (if a regular estate) or a supplemental schedule B (if a small estate). Basically a Personal Representative has an... View More
I know of a trust fund in my name and would like to find out details as I don’t know anything about it other than the fact that it exists.

answered on Nov 25, 2024
Generally, there is no right to get a copy of anyone else's planning documents while the planner is still living. So if the relative who created this Trust is still living (and assuming it is a typical trust), usually it is entirely up to that person to decide what, if anything (or nothing)... View More
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
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