There are several different taxes that can come into play when you transfer property, so it helps to know which you mean. Although some may recommend keeping title as-is and letting everything pass through probate, in my view the simplest and most cost-effective approach to easily transfer...Read more »
If the question is asking about how to transfer property titled in a deceased's name when they died, the only way to do this is by first opening up an estate and then by recording a Personal Representative's deed. No one can sign a dead person's name after they die.
As another attorney noted, all lawful debts need to be paid before assets get distributed to heirs. That said, Maryland law requires that debts be paid in a certain order before any of the heirs can inherit estate property. Some debts (for instance funeral bills and some medical bills), may have...Read more »
Generally speaking, wills valid in the state of original domicile remain valid if the planner moves. A will may become void in some cases of changed circumstances, such as if a planner both marries and has children after creating their will, but a valid will does not become "void" based solely on...Read more »
People can jointly own property several ways. If married, they can own in Maryland as tenants by the entirety, joint tenants with rights of survivorship or as tenants in common. The way these types of co-ownership transfer at the death of one of the owners is very different. When a joint...Read more »
In figuring out who inherits, the law tends to only looks at who survived the Decedent AT THE MOMENT OF THEIR DEATH. The answer may vary a bit depending on whether the Decedent had a will or died without a will. (Wills commonly specify that someone needs to survive by a brief period, say 30 or...Read more »
My father brought a house with his first wife, he divorced and married my mother, when he died his name and his first wife name was on the title. My mother brought his ex wife half. Now my mother has died and my father name is still on the house. I was told me his daughter had the same rights... Read more »
A deed can be recorded anytime after it is signed, but how an unrecorded deed affects other people's rights in a particular piece of property depends on the specific facts of the situation. Very generally speaking someone who pays market rates for real estate and is unaware of any other deeds can...Read more »
It is strongly advised to use an attorney to initiate foreclosure proceedings. Maryland law allows for reimbursement of the tax sale purchaser's attorney fees up to a specified dollar amount upon redemption, so nearly all of the time a certificate holder will use an attorney who can help answer...Read more »
Maryland law does not impose a "grace period" for late payments of rent, but you may wish to check the terms of a particular lease to see if there is a grace period before late fees begin to accrue. Generally speaking, rent is due on whatever date the lease says it is due and unless the lease says...Read more »
The contract has expired on my secured loan which I secured with my vehicle but I still owe the fees for late payments. Can my vehicle still be reprocessed? I have paid $2200 of the $ 3300 of late fees I owed.
Maryland usury law is rather complicated and has all sorts of different rates of interest depending on the situation. For instance, the maximum legal rate of interest permissible for a Maryland loan might be 6%, 8%, 18% or 33% depending on the facts.
You may wish to sit down and speak with an employment lawyer. Depending on the size of the employer and how long you worked there, laws like the Family Medical Leave Act (FMLA) and laws preventing discrimination on basis of pregnancy may apply. An employment lawyer should be able to tell you...Read more »
In a word, "NO." A will does not avoid probate. A planner may have good reason to want to avoid the process and expense of probate (which typically involves costs to include a commission to the PR, newspaper publication, attorney fees and probate fee, though the probate fee is not particularly...Read more »
If an old mortgage is paid off but not showing as "released" in the Land Records it would be necessary to straighten that out. Lenders should mail something called a Certificate of Satisfaction or Release once a loan is paid off...Read more »
If there is no heat due to a malfunctioning heating system or something else in the Landlord's control, a tenant can petition in court for something called "Rent Escrow." Rent Escrow basically is designed for situations where some serious / dangerous problem threatens the health or safety of the...Read more »
Is it worth trying to get the frozen account taken care of through the collections/law firm or should I go to court and immediately file a motion to release? Does my wife have a case for damages as we cannot currently pay rent, insurance, food etc..
We are a blended family. Step grandfather’s son called saying he has POA and wants access to the house. We never met him before and step grandfather is in nursing home, deemed medically incompetent and is non verbal.
The sales contract will usually match the deed. In other words, whoever is going to acquire the property should be identified. Sometimes acontract purchaser will just list their name "and/or assigns" as buyer so they can assign their interest to someone else. But typically if 2 people are...Read more »
"Can" someone be sued for a claim based on a problem with real estate? Yes, people can be sued for all sorts of reasons. Some claims can be dismissed or resolved before they get to trial, other claims go to trial and the chances of winning or losing depends very heavily on the specific facts of...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.