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Questions Answered by Cedulie Renee Laumann
3 Answers | Asked in Real Estate Law for Maryland on
Q: If a property is abandoned/vacant how can I go about obtaining that property? What steps would I need to take.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 22, 2020

To obtain vacant property one would contact the owner and make an offer to purchase.

In some cases, where the record owner stops paying property taxes, one might be able to purchase at tax sale.

While not legal advice I hope that this general information helps.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: How long does it takes to open an estate and much does it cost?

My ex husband is still half owner of my condo but he's been dead over 7 years ago and we're divorced 10 years ago. I was about to sell my condo but there is a liens that attached to the property that I'm not aware. It's not my liens but for my ex husband. please advice

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 21, 2020

It only takes a few days to open an estate assuming no one contests the Personal Representative who files to open the estate. The law gives an order of Priority for people to serve as Personal Representative and if other people have higher priority (for example, children) it may be wise to get... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: What are examples of material facts in Maryland with respect to selling real estate?

Would a next door neighbor having a criminal record be a material fact?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 12, 2020

Very generally, material facts are those that relate to the property and would impact a decision to buy. Maryland law also requires that sellers expressly disclose all hidden (or "latent") material defects in a residence up for sale.

That said, Maryland law excludes by statute...
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1 Answer | Asked in Uncategorized for Maryland on
Q: Can you legally stay in a motel for longer than thirty days if temporary to move?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 12, 2020

Assuming there are no specific orders or agreements at play Maryland law doesn't dictate where someone may live or how long. Someone could in theory stay at a hotel / motel for months or even years as long as they pay (though it probably would not be financially wise to do so).

New...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: Does the district court have jurisdiction to determine the validity of a life estate in an action for wrongful detainer?

Charles county Maryland District courts jurisdiction to decide whether the occupants alleged life estate is valid as a collateral matter in an eviction?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 12, 2020

The District Courts of Maryland have exclusive jurisdiction over landlord/tenant matters and concurrent jurisdiction with the Circuit Courts for other civil matters up to $30,000.

Generally, the District Courts do not have jurisdiction to determine ownership in real property except as...
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3 Answers | Asked in Probate for Maryland on
Q: I retained an attorney to handle my Mother's estate but months later decided to release him.

My Mothers has minimal assets. Can I represent my Mothers estate and if so, what are the next steps?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 12, 2020

If the estate is a "small estate" (i.e., one with total assets under $50,000 if no surviving spouse) the process is greatly simplified. In many cases Personal Representatives can handle a small estate without formal attorney representation. Even with a small estate you may find it... Read more »

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1 Answer | Asked in Family Law for Maryland on
Q: currently separated from my husband. He has a girlfriend. If has given her medical power of attorney do I have rights
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

People are free to designate whomever they want as their health care power of attorney, regardless of their marital status, and legally the named agent has authority to communicate with doctors, etc. Obviously it could be very awkward if a wife (or husband) names a paramour while still married,... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: In the state of Maryland, how many miles from your residence to employment is determined to be reasonable?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

Employees are free to work 5, 25 or 100+ miles from their place of employment (or any other distance), so the question isn't clear. The law doesn't mandate how far someone lives from their job and it is purely up to each person to decide what kind of commute they're comfortable... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Can an unlicensed laborer take a homeowner to civil court if a homeowner refuses to pay for a job not done properly?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

There are not enough facts here. Anytime someone isn't paid for a job they were hired to do they could in theory sue. A lot of labor would fall under that category. However, the law has a theory that someone who is themselves in the wrong usually can't get the law to provide them... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: I have a question regarding digital signatures. Someone is stating that I signed a contract on their ipad.

Someone is stating that I signed a contract but when I placed that signature on their iPad they had told me it was in order to allow them to call my insurance company. They did not tell me or read me out the rest of the contract which stated that we would be liable for 30% cost of a job to a home.... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

If a signature was procured by fraud / misrepresentation that would be a defense. However, it may become a matter of he said / she said and a battle of conflicting testimony if someone presents a signed "contract" and the signer says they were falsely induced to sign it without... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I gave notice to move at end of month. New place isn't ready. Landlord said I can't hold over. What happens if I stay

Leasing office said that my apartment is rented already and there are no other 2 bedroom units they could assign to the new tenants. It will be very hard to pack and get movers and be out by Tuesday. I've been told I'd I'm not out by Tuesday at 5pm they will take possession by... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

If a tenant stays over past their lease end, the landlord can go to court to evict. After the court grants eviction, the landlord can have a sheriff physically remove the tenant and/or their belongings. However, a landlord cannot just call the sheriff and change the locks without a court order.

1 Answer | Asked in Contracts for Maryland on
Q: We are trying to sell our townhome in Virginia and the condos inability to fix our roofs are possibly preventing us.

My husband and I own a townhome in Manassas, VA. Our condo association has had tarps on our roofs in our community for three years now instead of fixing them because they are in litigation with the insurance company about them because of it being a windstorm. Instead of fixing all of our roofs they... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

Since the question deals with VA property, you'll want to post this to someone in Virginia.

2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: If a house has black mold, can money from the estate be used to repair before selling?

There was no will and it was agreed that two of the siblings would receive this house since a much more expensive home was given to the other two siblings years before the deceased passed. They now want the money from the repairs. Do we have a case to not give it to them since they agreed to take... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

An attorney cannot realistically answer this question without seeing the estate paperwork.

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1 Answer | Asked in Tax Law for Maryland on
Q: I need a tax Attorney in Baltimore who can help me apply for an ITIN number. Thanks.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

To get an ITIN one needs to fill out IRS Form w-7. The form can be found at the IRS website (irs.gov) An attorney may not be needed since this is mostly a matter of gathering your key documents (e.g., passport, birth certificate) and bringing or sending them to the IRS.

That form requires...
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2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: What is the process in CA to distribute property that was distributed by probate court to an estate probated in SC.

Final probate court left 50% of CA real property to the estate of the decedent's father living in SC as he died 4 months before probate was closed. What is required in order for the Personal Representative of the SC estate to distribute the CA real property? SC probate only requires a... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

You may want to post the question under California, not Maryland and/or reach out to a California barred attorney. Real estate law varies from state to state and a Maryland attorney cannot answer the question about a transfer of California property. Presumably California like most states... Read more »

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2 Answers | Asked in Animal / Dog Law for Maryland on
Q: My small dog was chewing on a bone on my bed, my friend went toward her and I told him to leave her alone. He did not

He touched her lower back, I said leave her alone. Dog picked up bone and moved. Friend went to reach again, I said stop, I've told you, leave her alone. He then reached for bone, dog snarled and did a warning.. not bite but hard nibble toward him. Friend hit my dog over and over. I yelled for... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

The question "am I at fault" in a dog bite (or nibble) case depends heavily on the facts, including what a dog owner knew about their pet (e.g., had it bitten before or was this the first time).

If an adult knowingly goes towards an animal (or their bone) after the owner warns...
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1 Answer | Asked in Family Law for Maryland on
Q: I have an adult son, he's had 3 strokes & he's addicted to heroin. Can I get guardianship? Can I file n family law
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 2, 2020

The prevalence of addiction sadly leaves many families trying to figure out the best ways to support and help their loved ones. Maryland law has long recognized that chronic drunkenness or addiction to drugs can render someone unable to manage their own affairs and allows for adult guardianship in... Read more »

2 Answers | Asked in Tax Law for Maryland on
Q: Does this mean we simply have the beneficiary name added to the property deed with "TOD" after it?

The definitions indicate that "property" is basically anything owned. I'm understanding that to include one's home. Additional reading indicates that the transfer of ownership can be handle by including the beneficiary's name and POD, TOD, etc., allowing ownership control... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

Transferring by making sure everything has a beneficiary on title usually saves significant time, effort and expense so it is a great idea to explore. While Maryland probate fees are not terribly high, it is not uncommon for estate expenses to eat up 4-5% or more of the assets with expenses like... Read more »

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: We have an old will for my mother, my brother is has the Power of Attorney from the existing will. We want revocation

Of the old will and make a new one

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 2, 2020

Each person in this state has the right to create their own Will, based on their own wishes. The law gives family zero authority to demand changes in a parent's Will.

If someone is competent, they (and only they) can make any Will they wish to make. However, once they become...
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2 Answers | Asked in Family Law and Elder Law for Maryland on
Q: My uncle is almost legally blind and my aunt has early onset Alzheimer’s but presents well, can their daughter get POA?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

Legal blindness in no way affects competency to do planning documents like a power of attorney. So under the facts you describe, assuming he is otherwise competent the uncle would be well advised to reach out to an attorney and get planning documents in place. There are additional safeguards an... Read more »

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