Maryland law does not require any identification of owners in the Articles. However, other important formation paperwork should identify the owning members, including the Operating Agreement and ideally Membership Certificates.
While not legal advice I hope that this general...Read more »
To give a clear answer an attorney would first need to verify the titling of the existing deed. Assuming the parents owned as "tenants by the entirety," title would legally be in the surviving father's name after his wife died. If the surviving parent owner wants to make sure...Read more »
House was legally auctioned off at tax sale and the plaintiff is in the process of foreclosing the right to redemption. Current owner (defendant) of the house has no mortgage; the deed is in their name alone. This house/owner has a child support lien on it by the State of Maryland for over $30,000... Read more »
Property tax liens tend to have super priority, meaning they stand first in line before most other kinds of liens. This means that in most cases, if proper notice is given, a tax sale foreclosure case wipes out the other liens and transfers the property free and clear of lesser liens....Read more »
By law, the surviving joint tenant (in the scenario posted, Mom) owns the house and when they die the house would go through probate. Occupants cannot stop a sale as any property a person dies owning automatically belongs to their estate. The estate is controlled by a Personal Representative who...Read more »
If you both made financial Powers of Attorney before any incapacity, the attorney-in-fact designated in the Power of Attorney would typically have power to sign off on any real estate paperwork (listing agreement, deed, etc.). If you do not have this documentation it becomes very challenging and...Read more »
it says: " Within 45 days after the end of the tenancy, the landlord shall return the security deposit to the tenant together with simple interest which has accrued at the daily U.S. Treasury yield curve rate for 1 year, as of the first business day of each year, or 1.5% a year, whichever is... Read more »
For many years the statute required that landlords return at 3% interest, even if they were earning 1/10th of 1%. This law was changed in recent years to be somewhat more reflective of current interest rates and more favorable to landlords because it cut the minimum interest in 1/2....Read more »
It is not possible for any attorney to predict what someone might inherit in the future from a now living former mother-in-law because that person could change their estate planning anytime until they die.
In the event that any property is at some point disbursed in the name of your late...Read more »
I am administering the estate for my father-in-law and I was named as the executor in his will. PG County granted me special administrative rights so that we could complete the sale of his house. The house went under contract before he passed and sold after he passed -- his will states that his... Read more »
In a word, Yes. Probate is required whenever someone dies in Maryland owning property in their name. If not in a trust or with someone else on title to inherit the property, a house and any proceeds from its sale would belong to the probate estate.
A tax sale certificate is generally good for 2 years after the tax sale auction until the property owner redeems (a certificate owner would know this because they'd get paid back any money they put up at the tax sale) but you can also check the relevant county / city to check on status of...Read more »
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
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 »
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...Read more »
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).
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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