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Questions Answered by Cedulie Renee Laumann

3 Answers | Asked in Probate for Maryland on

Q: What if a person doesn’t go through probate, does the property go to the decendents

Cedulie Renee Laumann answered on Aug 12, 2019

Whatever someone dies owning titled in their sole name becomes part of their probate estate. Other property (such as jointly owned real estate, bank accounts, life insurance with named beneficiaries, etc.) may go directly to named beneficiaries or co-owners. The beneficiaries (people inheriting... Read more »

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3 Answers | Asked in Real Estate Law for Maryland on

Q: My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years.

My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years. Is she entitled to any proceeds from sale? He doesn't want to sell and has made her a super low ball cash offer to get her off of the deed. What are her rights? Can the court force a... Read more »

Cedulie Renee Laumann answered on Aug 8, 2019

Ordinarily each co-owner on title has rights to share in the proceeds of sale. Living in a property does not change someone's status as owner although owners may seek to offset if they paid more than their share of expenses. In most cases co-owners will reach an agreement (if they were married... Read more »

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1 Answer | Asked in Civil Litigation and Estate Planning for Maryland on

Q: Where does Maryland state that the trust schedule for an inter vivos trust must be filed when opening an estate.

Cedulie Renee Laumann answered on Aug 5, 2019

The question is unclear. Ordinarily there is no reporting of trust schedules with the probate estate filings.

Perhaps you are asking, however, about reporting trust assets transferring to people obligated to pay inheritance tax? Maryland law requires that an Information Report be filed...
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2 Answers | Asked in Real Estate Law and Elder Law for Maryland on

Q: Since I owe a large sum on my house; when I die, can my adult children just 'give the keys' to the mortgage company ?

I hope my adult children would not have to pay off my house

Cedulie Renee Laumann answered on Jul 30, 2019

Good question. Heirs do not have to personally pay off any debts of a deceased relative. The Personal Representative ("PR") is appointed to deal with the assets and debts of the person who died and must pay off debts from the deceased person's assets.

Three options usually exist when...
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2 Answers | Asked in Contracts and Real Estate Law for Maryland on

Q: My mother gave me my grandmothers house , which was uninhabitable . I remodeled it, and now she is selling it.

I found out from an email I was sent from an interested buyer. In the beginning (2010) My mom and I agreed that I would at least Get the money I put into it if she sells the house. Can I put a lien on the property to get the money I’m due?

Cedulie Renee Laumann answered on Jul 22, 2019

The short answer to "can I put a lien on the property" is yes. Maryland limits who can lend money secured by a house but still allows immediate family members (such as mother/daughter) to do so.

The process of getting a lien is done by having the property owner sign a deed of trust (or...
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1 Answer | Asked in Employment Law for Maryland on

Q: If you don't take a break at work, can your employer still take the time out from your check?

You're over 18

You've worked over 10 hours

2 hours and 30 minutes worth of money was taken out of the check

Cedulie Renee Laumann answered on Jul 12, 2019

An employer must pay employees for time worked. An employer cannot refuse to pay an employee who could not take a break and who actually worked through the break. If this is the situation, you may wish to consult with an employment lawyer. The laws are set up so that the employer can be forced... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on

Q: If a non custodial parent dies and he has a spouse how can I find out if there is an estate if child support is owed?

Cedulie Renee Laumann answered on Jul 12, 2019

Probate estates are opened in the jurisdiction where the deceased person died. You can find out whether an estate has been opened by contacting the Register of Wills (or going to the Register of Wills' website and performing a search with the deceased person's name).

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2 Answers | Asked in Contracts, Family Law and Real Estate Law for Maryland on

Q: MD Rule 8-209 & 8-210 give court jurisdiction to disperse of the property after 3 years if the PSA wasn't done.

Family law post divorce issue- the property settlement agreement (PSA) was never executed due to many issues one being frustration of the contract and the X refusing to do his share of the agreement making it impossible for wife to do her role so the marital house still sits paid for and not... Read more »

Cedulie Renee Laumann answered on Jul 12, 2019

Your circumstances may benefit from consulting with a lawyer who focuses on family law. You may wish to sit down with such a lawyer to best understand your situation, including any controlling court orders.

In response to the actual question posted, however, "how can one interpret Md...
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1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on

Q: My friends and I pulled into our hotel in ocean city Maryland, and without even having any of our alcohol in sight, a...

cop approached us as we were outside of the van, first asking how old we all were, and then claimed that she knows we have alcohol in the vehicle. She stated that we could make it easy and just get the alcohol out and dump it, or that they could take a different route. My friend driving the van is... Read more »

Cedulie Renee Laumann answered on Jul 12, 2019

The post states that the 6 underage people (all of whom were under 21 and some of whom were under 18) actually had alcohol, though seems to think there was "no possible way" an officer could have known. Perhaps this doesn't give the officer enough credit. The post does not seem to describe any... Read more »

1 Answer | Asked in Foreclosure for Maryland on

Q: Hi I got a letter foreclosing on tax lien last Friday What exactly do I need to file fore a special appearance?

I was told I need to file a motion to stay in the home while doing this. What kind of motion. I just need to know exactly what to file. My condo was paid in full it was a property tax lien

Cedulie Renee Laumann answered on Jul 12, 2019

To get specific advice on a particular tax sale, you should promptly reach out to an attorney to discuss the specifics of your case, including where exactly it is in the tax sale process.

Tax sale foreclosures go through a process. Typically annual tax bills come out in July and all...
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2 Answers | Asked in Real Estate Law for Maryland on

Q: Can Can You Quiet Title A Estate Estate / Property With No No mortgage / Lease.. && Not Regarding Adverse Prosession

Maryland Maryland

Cedulie Renee Laumann answered on Jul 12, 2019

If the person filing suit has a legitimate basis for claiming to own the property, then yes, they could file suit to quiet title.

Maryland recognizes two different basis for ownership claims -- either based on title rights (based on deeds, for example) or based on adverse possession rights...
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1 Answer | Asked in Family Law for Maryland on

Q: How do I remove a girlfriend/mother of my child from my house. She's not on deed but living here for last few years.

She needs to go as things are bad and she won't stop badgering me and starting verbal fights.

Cedulie Renee Laumann answered on Jul 5, 2019

Assuming there is no lease, an owner of property can always ask an adult occupant to leave ("vacate"). However, an occupant cannot usually be forced out without following legal procedure.

Usually an owner will give 30 days written notice to leave (shorter time frames may exist for...
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2 Answers | Asked in Real Estate Law for Maryland on

Q: Is a mold outbreak in a brand new "redone" basement means to sue in Maryland?

We purchased a home on july 2nd, 2019 closed on the home. The home was "as is" so the home orginally was listed for sale in january of this year it was taken off of the market a month later and apparently a 38,000 insurance claim was made and then the basement had been "redone" they relisted the... Read more »

Cedulie Renee Laumann answered on Jul 5, 2019

Nearly every sale should have a "walk through" of the Property immediately before settlement. This is often the day of settlement, or perhaps 24-48 hours beforehand. Any changes to the property between the contract period and closing are ideally noted at the walk-through and addressed prior to... Read more »

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1 Answer | Asked in Business Formation for Maryland on

Q: Help to fill out IRS Form 2553

Don't understand what to fill in for Part 2

Cedulie Renee Laumann answered on Jul 3, 2019

The IRS form you mention is for a business to elect to be taxed as a Subchapter S corporation. There are several other ways businesses might be taxed and several situations where a business might file this form. Part II asks information about whether the entity is an existing or new entity. An... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Can I stop paying rent, if landlord refuses to fix stove, oven, and leaking gas?

In December I reported to Landlord that neither my oven nor stove work. Actually it stop working before December its been almost a year now. Repeatedly I informed landlord about repairs. He has left several messages and even made appointments for somebody to be at the home to do repairs. The... Read more »

Cedulie Renee Laumann answered on Jul 3, 2019

Maryland law has a procedure called rent escrow for situations where living conditions are uninhabitable / hazardous to life/health. The process is started in District Court by filing appropriate paperwork. If the facts convince a judge, it may be possible to not tender rent to the landlord... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: Can you be legally denied employment consideration if you choose not to complete a voluntary company form?

Can you be legally denied employment consideration if you choose not to complete a (voluntary company form) outside the standard background check/security clearance forms submitted?

Cedulie Renee Laumann answered on Jul 3, 2019

Very generally speaking an employer has the right to use any criteria it wants for hiring purposes (excepting illegal criteria, like ethnicity for instance). A company ordinarily has no obligation to consider candidates who don't care to follow the company's hiring protocol.

The above is...
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1 Answer | Asked in Landlord - Tenant for Maryland on

Q: Need advice with a landlord taking me to court for last month rent

I signed a 6 month lease (december 2018 - June 31 2019) for a room in a 3 level house and left may 15 due to a hostile/strict environment by the landlord my old landlord is currently taking me to court in august for 800 my security deposit was 800 dollar and I don't understand why hes even... Read more »

Cedulie Renee Laumann answered on Jul 3, 2019

Very generally speaking in Maryland a tenant is obligated to pay rent for the full lease term, unless there is an agreement or order to the contrary. (the owner/landlord has a duty to try and rent the place out to reduce the damages) If conditions are hazardous to life or health a tenant may... Read more »

2 Answers | Asked in Real Estate Law for Maryland on

Q: as tenant is common are closing checks issued seperately for the %

I'm on deed with sister but not on mortgage

She lives in house, I do not. Her % is 75, mine 25%

at closing how ill funds be distributed?

Thank you

Cedulie Renee Laumann answered on Jul 3, 2019

This is not so much a legal question as a practical one based on title company procedure. While joint owners are presumably entitled to proceeds in accordance with their respective ownership percentages, title companies may issue a single check payable to all record owners unless the record... Read more »

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1 Answer | Asked in Landlord - Tenant for Maryland on

Q: My daughter doesn't live with me and isn't on my lease. Is she allowed to have her mail sent to my house? I live MD.

Cedulie Renee Laumann answered on Jun 19, 2019

There is no legal requirement that someone live at their mailing address. People can have a P.O. Box, or mail forwarded to another location/address besides their home.

The post doesn't mention the reason for mail forwarding. There may be circumstances where someone improperly uses an...
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1 Answer | Asked in Uncategorized for Maryland on

Q: Is a codicil that allows someone to live in one's home still valid after the deed has been changed?

My father had a codicil drawn up about 23 years ago that would allow his lady friend to stay in his home until she died or moved. The house was deeded in his and my late mom's name. He died in 2012. About 7 years before then he added my one brother and me to the home deed. It has become a... Read more »

Cedulie Renee Laumann answered on Jun 19, 2019

It would be difficult for an attorney to answer without seeing the actual documents in question.

Very generally, a deed supercedes a will or codicil. That is because a will can only control what property someone dies owning in their own name. If person A makes a deed that leaves...
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