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Questions Answered by Cedulie Renee Laumann
1 Answer | Asked in Business Formation for Maryland on
Q: Do members have to be listed in Maryland articles of organization for an llc?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 15, 2021

No.

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...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: What is the best way to add a son and remove the deceased mother from the title for an owned home in MD?

Son is already in the will but the father is planning to remarry some time this year.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 14, 2021

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 »

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2 Answers | Asked in Tax Law, Family Law, Real Estate Law and Child Support for Maryland on
Q: If a house is sold in a tax auction in Maryland, what happens to the liens on the house?

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 »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 5, 2021

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 »

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2 Answers | Asked in Probate for Maryland on
Q: Mom lives in house in MD and does not have a will. House is still titled as joint tenants with Dad deceased 19-years ago

Four siblings are living in house with Mom. When Mom dies will probate sell house or can siblings still living in house prevent sale?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 5, 2021

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 »

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2 Answers | Asked in Estate Planning for Maryland on
Q: If my wife or I become incapacitated, what is the legal procedure to selling a joint owned home in Maryland?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 14, 2020

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 »

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3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Dear Sir/Madam, regarding to returning deposit to tenant + interest in Maryland

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 »

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

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 »

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2 Answers | Asked in Estate Planning for Maryland on
Q: My husband died with no will, he was left most everything from his mother, if she passes do I his spouse receive it?

He has 2 grown daughters, and the will does not specify anything. I am in Maryland

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

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...
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2 Answers | Asked in Estate Planning for Maryland on
Q: In Maryland, does estate need to go into probate for a $250,000 house that had deceased mom's name on the deed?

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 »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2020

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.

The court will grant the personal...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: How can I find out if the tax sale certificate, I purchased, in Baltimore,Md at the 2020 assignment is void?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 5, 2020

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 »

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.

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