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Questions Answered by Cedulie Renee Laumann
3 Answers | Asked in Real Estate Law for Maryland on
Q: I am considering selling my home. My husband passed in 2020. I am on the deed, but not the mortgage.

I have been confirmed as the Successor in Interest by the mortgage company.

We did not have a will when my husband passed. Could you explain what I need to do in order to

sell the property. I need to downsize because the property is over 3200 square feet and it is becoming... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 22, 2024

I am sorry for your loss. Married couples can hold property a few different ways and how the title reads on the deed affects what you need to do when one person passes.

Usually (but not always) married couples own property as "tenants by the entirety" - if so, then by operation...
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2 Answers | Asked in Estate Planning for Maryland on
Q: Can a lawsuit assume a trust if a co-trustee is sued?

My sister has defaulted on a contract. I fear she is to be sued. She is co-trustee along with my Mother and myself of an account that pays for Mothers residential care. If sued will the party have access to the trust? Should we remove my sister's name from the trust to be able to assure... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 3, 2024

A Trustee overseeing someone else's Trust is a fiduciary or someone who manages someone else's money/assets. In some situations a Trustee actually manages their own assets for their own benefit in which case their creditors could usually get at such assets. However, when a fiduciary... View More

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1 Answer | Asked in Employment Law for Maryland on
Q: What is the minimum reasonable hours per week for part time employees according to the law considering 39.999 is the max

In the spirit and intent of minimum wage is there minimum hours per week an employer shall provide for part time employment according to the law ?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Maryland law does not set any kind of minimum hours per week for part-time employees. It is up to the employer and employee to determine the schedule. Except for a few limited exceptions, minimum wage is not dependent on the number of hours worked and applies whether an employee works 1 or 40... View More

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Maryland on
Q: What legal recourse do I have under the lemon laws for MD?

I purchased a 2013 650I BMW from an Annapolis MD dealership in or around 7/2022 which unbeknownst to me was a lemon. To my surprise, I learned during a service call for an oil change in 6/2024 that the vehicle which has been driven minimally as a result of me working from home during the pandemic... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

While it is frustrating to have significant repairs on a vehicle you recently purchased, a used vehicle that is 9 or 10 years old does not have the same warranties as a new car.

Maryland's "lemon law" applies to a NEW passenger car, light truck or motorcycle that has...
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1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: How do I get approved to hold inventory at my home residence that is zoned as residential property?

I want to do a e commerce business where I order goods cheaply on-line and store them at my home/sell to customers via e commerce site. I will not be making any goods. I know I need a trader's license from the clerk of the court and I need to do a home affidavit form for zoning BUT that form... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Business uses are limited in residential districts. What can permissibly be done in a particular zoning district varies greatly by county in Maryland. If a desired use is not allowed in a particular district in your particular county, the only options are to petition for a zoning reclassification... View More

1 Answer | Asked in Business Law for Maryland on
Q: How can we apply conservatorship for small business owned by our son, who is currently hospitalized for mental illness?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Your post doesn't describe whether your son is the sole owner or whether he is in MD or DE. I presume that he is in MD.

If your son runs this business as a sole proprietorship a financial Power of Attorney should give persons of his choosing authority to manage his affairs,...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: My new apartment came with a backed up kitchen sink. What can I do?

I moved into my Baltimore County apartment 3 weeks ago and the sink was already partially backed up with a broken garbage disposal. I've made several different type of attempts to get the landlords to fix it, but they are taking their time. This has made the kitchen unusable for cooking as it... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Maryland law requires that rental units be livable with essentials like heat and running water. Whether a backed up drain makes property unlivable or not would heavily depend on the circumstances. A single slow moving drain probably does not render property unlivable but if there were no working... View More

2 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Property left as tenants in common. One sibling was listed co-buyer on mortgage. 6 acres of land. Co- buyer own home?

Home and land was willed to 6 siblings. Mobile home was not attached to land as collateral and not on traditional permanent foundation. One sibling (not co-buyer stayed in home and paid off mortgage) Co- buyer signed over title. Now title is in one name and deed includes all siblings. Was this... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

An attorney cannot realistically analyze the state of a particular title without looking at the estate filings and the deed. That said, I'll try to give some general information below that might be helpful.

"Title" and "Deed" are generally interchangeable terms...
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2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Father added my niece to his deed so she is now co-owner of house. Can he will or bequeath his share of the deed to me?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Generally speaking co-owners can each freely transfer their interest in real property. However, if there are survivorship rights already in the deed a Will is ineffective to transfer to someone else (because it will go to the survivor in the deed and not be a part of the deceased person's... View More

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1 Answer | Asked in Estate Planning for Maryland on
Q: My parent created a trust but forgot to add a family property that is shared with siblings.

Is an attorney needed to add the property or is there a form that can be filled out?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Property is transferred to a Trust through means of a Deed or Assignment depending on whether the property has a ground rent. Different counties have additional requirements and all deeds require an intake (and in some cases affidavits). While deeds are not terribly complex, there are a lot of... View More

3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I am a personal rep for an estate with a debt of over 30k. 2 property’s unpaid taxes. Can I forfeit this land?

The land is taxed way above actual value . It was on the market for years. Before the owners died , So it is basically unsaleable. I would like to forfeit the land in exchange for the debt located Mechanicsville Maryland.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 28, 2024

While there is no legal process to "forfeit land" practically speaking if the owner defaults on the annual property taxes it would go into tax sale, and if someone else purchased the property at tax sale it would have the same practical effect as forfeiting. However, a Personal... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it possible to quitclaim a parcel to the estate of a deceased person? Her estate remains open after ten years.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2024

Without knowing any of the context, yes, an estate may receive real property. You'd naturally want to coordinate this with the Personal Representative. 10 years is an unusually long time for an estate to remain open.

While not legal advice, I hope that this helps.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: I have joint tenancy with mom on a townhome in Maryland. I want to remove my mom from the title and replace with my wife

There is still some mortgage left. Mom is willing to do this. How do I go about it with least financial consequences?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2024

The situation you describe comes up quite frequently (where someone owns property with their mom and/or dad, gets married and wants to hold the property together with their spouse).

There are 3 different state and county-level transfer taxes that come into play with real property...
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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More

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2 Answers | Asked in Civil Litigation for Maryland on
Q: Is it legit for a lawyer to ask for a social security number through email?

My boyfriend and I haven't been together that long. He states that he needs someone on his next of kin paperwork. He wants to put me on there. The lawyer emailed me and said that he needs name, address, picture of ID and social security number to run security checks and verification to make... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It really isn't clear what you mean by "next of kin paperwork." Do you mean the attorney is designating you in estate planning documents? While it is very common to request addresses and phone numbers of beneficiaries, it would be quite unusual to ask for a beneficiary's... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I get free legal assistance in selling my fathers inherited house.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

If you desire to handle the probate process by yourself without paying for an attorney to handle the full estate, you may find that a hour or so consultation with an experienced estate practitioner can help provide very helpful framework and tools. The average probate case in Maryland takes 9... View More

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3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: My mother passed and I am selling her house. She had a reverse mortgage with balance of 393,000. The appraised value

is 473,300. How much would the estate tax be? I live in Md

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 13, 2024

Maryland has several different "death taxes" and it really isn't possible to define the taxes without knowing the full context. If an attorney is assisting with the estate they should be able to discuss these in depth based on the specifics of your situation. However, generally... View More

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3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 10, 2024

Hi,

This is a pretty common scenario. What options the family has depends in large part on where you are in the inheritance process. If the property is still in the name of the deceased person, then the Personal Representative usually has very wide discretion to sell the property and...
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1 Answer | Asked in Estate Planning for Maryland on
Q: Can my sister demand rent from my daughter when my mom gave her permission to live for free

I have signed documentation from my mother while she was alive that my daughter can live rent free in her house if she pays bge/oil. My mother has passed. My sister and her lawyer are demanding rent be paid to the estate. Is that legal?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 20, 2023

An attorney cannot realistically answer questions pertaining to someone's specific rights in property based on unknown documents without sitting down and looking at the documents in question.

That said, it would generally be "legal" for an estate to ask someone occupying...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: PMI removal is being denied because I paid my mortgage down below 78% ahead of the amortization schedule?

Can PMI removal be denied for paying your mortgage down faster than the standard schedule? I'm at 76% LTV of my original loan amount, but 3 years before the standard schedule says I should be. Is there anyway around that without paying for a BPO?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 20, 2023

The Consumer Financial Protection Bureau (a federal agency) has a wealth of information relative to this exact topic of removing PMI which can be accessed at the following site:

https://www.consumerfinance.gov/ask-cfpb/when-can-i-remove-private-mortgage-insurance-pmi-from-my-loan-en-202/...
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