The post mentions both an executor, an estate and a trust. While it might be tempting to think of all of these things as the same (they all help pass property from the person who died to the beneficiaries), from a legal standpoint they are quite different. If the property is in a Trust, it will... View More

State transfer tax exemptions are contained in section 12-108 of the Tax Property article of the Maryland Annotated Code. State recordation tax exemptions are contained in section 13-207 of the same article. Local transfer tax codes will vary from county to county. Yes, some jurisdictions in MD... View More

That sounds like a very challenging situation. Unfortunately a tow company often has the legal right to charge per day fees for vehicles they legally tow, even though on a personal level such fees may work a significant financial hardship.

You might consider reaching out to the Maryland... View More

Maryland Volunteer Lawyer Service (MVLS) offers legal assistance through volunteer attorneys to persons of limited means. You can contact MVLS through their website https://mvlslaw.org/free-legal-help/ or by phone at 410-547-6537 (Mon-Thurs).

Additionally, the Circuit Courts offer pro se... View More

Deeds in Maryland usually trigger state transfer, recordation and county transfer taxes. The Maryland Annotated Code, Tax Property article, section 12-108 lists exemptions from state transfer tax. Exemptions from recordation tax are listed in 13-207. County transfer tax exemptions vary... View More

Hopefully an agreement will be very clear about the buyout (e.g., A will pay B $X or 1/2 of appraised value less mortgage or whatever it might be). Any questions about a specific agreement are best posed to the counsel who helped draft that agreement, and your specific wording may lead to a... View More

While deeds are not terribly complex, tax exempt deeds often have very exacting requirements. Our law firm regularly assists with exempt transfers to LLCs in MD so we're quite familiar with this.

Md. Ann Code, Tax Property Sect. 12-108 is the correct statute, but subsection (y) deals... View More

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

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

If you did not waive rights in a prenuptial, then as surviving spouse you would stand in priority to open the estate. If your husband had no Will then the property would pass under the laws of intestate succession. How property would be distributed without a Will depends on whether your husband... View More

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

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

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

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

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

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

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 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

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

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