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Questions Answered by Cedulie Renee Laumann
1 Answer | Asked in Family Law for Maryland on
Q: How can I find out if my sister has power of attorney over my 91 year old grandfather&what kind of POA she may have?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

While family may have a natural desire to know what planning documents an elderly relative has in place, those details are private and there is ordinarily no obligation for a grandparent (or other planner) or the person named as attorney-in-fact to reveal the details to any other relative.... Read more »

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: Neighbor claims Right-of-Way, and blocks back yard driveways. How can I find out who legal owner of the road is?

He made another neighbor cut off about a two-foot section of their driveway because it was on his road. He is refusing access to this road. It is classified as a Right-of-way. He says he has a lawyer and is trying to make neighbors sign a form saying they will remove all encroachments and not... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

To the question "How can I find out who legal owner of [a particular road or property] is?" A survey and/or a title search can usually answer the question. A title search goes through the land records and can reveal whether someone lawfully owns X sq. feet of land or show whether or not there... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: i am trying to find out in the state of MD how much a broker is allowd to charge on a residental purchase of a property
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

Whatever the broker and the property owner agree to. Maryland law does not mandate any kind of brokerage commission for private sales, though there usually are reasonable and customary "norms." If you call several brokers you will probably get a pretty good sense of the normative range (e.g.,... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: How can I find out the contents of the will of an elderly parent who is still living but will not reveal the contents?

There is a deceased spouse who is also joint owner of the will and three adult children are the beneficiaries. The main asset involved is a house that has been paid off.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 24, 2020

Maryland law allows planners to maintain absolute control and privacy over their own Wills -- so long as they are living there is no obligation whatsoever to disclose the contents to anyone else.

Wills are typically (though not always) stored in the Register of Wills' vault - the Register...
Read more »

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2 Answers | Asked in Probate for Maryland on
Q: My mother died with no will and her only asset is car worth less than 20,000. What can I do?

My mum passed away leaving only a car with a trade in value of $17000. The car has been paid off by credit insurance but the bank has reposed the car and would not release it to me until I prove am authorized to be given account information. I am the only imediate family member residing in the... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

Typically you'd need to open an estate and get "letters of administration" to have legal authority over assets titled in the deceased person's sole name.

Maryland has a streamlined process for small estates and if the only asset is a car worth less than $20,000, it will be a small estate....
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1 Answer | Asked in Real Estate Law for Maryland on
Q: I put a double security n rent as well as a holding fee never signed a lease but landlord wont return money what do I do

He said I had to pay for blueprints n other work he had done while we were trying to come to an agreement. That shouldn't be on me for improvement to his building correct. He has 12 grand my entire savings. I m a single mom who is still out of work I need my money back

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 10, 2020

The answer will vary dramatically depending on whether this was a commercial or residential lease.

Residential leases have very clear guidelines on how a security deposit is handled and strict timeframes for return of the deposit. Commercial leases on the other hand generally are up to...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: The appraisal just came back low on the home I am selling. My real estate agent said only the buyer can contest. Why?

I responded by telling her it was my understanding I could challenge the buyer's appraisal by having my agent call the lender. My agent agreed to make the call. However, I'm concerned as to why my agent was untruthful with me about my right to contest. The home is under contract, but I'm concerned... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 10, 2020

Thanks for your post.

Federal law requires that lenders give a copy of the appraisal to the BORROWER for residential loans. This is an expansion and relatively recent change in the law - historically lenders didn't give copies of the appraisal to anyone, including the buyer/borrower, even...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: What specific legal services will I need to sell my house directly to a buyer without involving a real estate broker.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 24, 2020

Typically you'd want an attorney to help draw up the contract (or review a contract presented by a buyer) and advise on mandatory disclosures. Depending on the situation an attorney might also assist with negotiation and/or attend settlement if so desired.

By law the buyer has the right...
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2 Answers | Asked in Estate Planning for Maryland on
Q: Options for transferring retirement accounts to heirs?

There are no designated beneficiaries on the accounts.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 19, 2020

If a retirement account has no beneficiaries, it usually defaults to the estate of the deceased. An estate attorney can help navigate the process of estate administration and you're encouraged to seek legal advice if you are the personal representative listed in the Will (or family member of... Read more »

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2 Answers | Asked in Criminal Law and Estate Planning for Maryland on
Q: When does the beneficiary receive a copy of the Will?

Executor is one of the 3 benificary. 2 siblings have seen the Will only telling the third that the house is listed to be divided equally. 3rd has not seen the Will. Has asked for a copy & is ignored. The individual passed away 12/14/2019. What happens when a house is involved in an inheritance of 3... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 14, 2020

As another attorney noted, a Will is a matter of public record once an estate is opened. Additionally, once an estate is opened notice is specifically sent to all interested persons in the estate. The law does not set an exact time to open an estate after someone dies, but a personal... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is "joint tenants unto the survivor of them, their heirs and assigns" same as "joint tenancy with right of survivorship"
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 13, 2020

Yes. (though it should read "...joint tenants and unto the survivor of them, their heirs...")

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1 Answer | Asked in Estate Planning for Maryland on
Q: Are there any circumstances where a PR/Beneficiary must wait a time period before selling estate property?

My mother's estate was opened in VA in Jan. She owned a home in MD. I am being told there is a mandatory 6 months waiting period per MD law so that Creditors can file a claim. However I was under the impression the property could be sold immediately but the proceeds would then be held in escrow for... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Feb 7, 2020

Maryland law does not mandate waiting 6 months to market/sell property, but proceeds should not be disbursed to heirs until 6 months have passed, any payments are prioritized according to the order set forth in MD law and the court has approved the accounting.

While not legal advice, I...
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2 Answers | Asked in Estate Planning for Maryland on
Q: I am a single person (70) and my adult grandson lives with me. How can I convey the house to him so he isn't taxed.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 20, 2020

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 »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Can a deed of assignment be recorded if the owner is deceased in Maryland
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 17, 2020

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.

If the question is...
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3 Answers | Asked in Real Estate Law and Probate for Maryland on
Q: Can I keep the house after my mother died. I was living with her. The only other heir is my sister. She was not married.

There is a mortgage fro $250,000.00 and house is worth $375,000.00. She owed $10000.00 in credit cards.

I want to keep the house. My sister does not want house. I am Personal Representative. There is no money to pay credit cards.

Do I have to sell the house to pay the credit cards?... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 4, 2020

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 »

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Elderly parent relocating from LA to MD. Is the will from LA void, or should I have dad update his will for MD?

Elderly parent must relocate to my home in so. MD. His will is under LA. Does this matter at time of death?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 30, 2019

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 »

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2 Answers | Asked in Estate Planning for Maryland on
Q: i own my home with my ex who died. His wife said the house is part of his estate. How does that affect me?

He hasn't live here in 10 years. I thought ownership would just transfer to me.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 17, 2019

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 »

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2 Answers | Asked in Estate Planning for Maryland on
Q: My grandmother died in 2011, my father never performed her estate. He died in 2019. Does he inherit from her estate?

I have one biological brother, and my father was married at the time of his death. he is not alive to claim his share from my grandmother who gets that share under Maryland law.

Edited to add details. My grandfather passed away in 1975. Only the house was left and no will was found. My... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 13, 2019

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 »

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2 Answers | Asked in Civil Litigation for Maryland on
Q: What is the statue of limitations in Maryland for an unrecorded deed

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 »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 10, 2019

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 »

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1 Answer | Asked in Tax Law for Maryland on
Q: If I purchased a tax sale certificate and foreclose am I liable to repay the original purchser state and fedetax liens.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

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 »

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