Questions Answered by Cedulie Renee Laumann

Q: I inherited a property with my mother living there, i want to live there and she wants to remarry and stay... ?...

2 Answers | Asked in Estate Planning for Maryland on
Answered on Jun 16, 2018
Cedulie Renee Laumann's answer
As another attorney noted, legal analysis of a particular Will/Trust really requires a look at the Trust language itself. Lifetime rights usually mean just that, but in some cases a will/trust might impose conditions or restrictions on the exercise of such rights.

Attorneys unfortunately do not often help repair strained relationships. However, if you have questions about the rights under the trust document, you may wish to seek a legal consultation with an attorney in your area.
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Q: I will be relocating. My house has not sold. What are other options to avoid forclosure.

1 Answer | Asked in Real Estate Law and Foreclosure for Maryland on
Answered on May 14, 2018
Cedulie Renee Laumann's answer
A house only goes into foreclosure if the mortgage isn't paid. As long as the owner pays the mortgage, foreclosure should not be a concern, regardless of where the owner lives.

Practically, though, if an owner doesn't have enough money to pay the mortgage if they move elsewhere, two logical options involve selling the property to pay off the mortgage or renting it to generate income for the monthly mortgage payment. Property managers routinely manage rentals for out-of-state...

Q: In the state of md When a beneficiary of will dies after the maker of the will , who inherits from the beneficiary

3 Answers | Asked in Estate Planning and Probate for Maryland on
Answered on May 9, 2018
Cedulie Renee Laumann's answer
Generally, the law "freezes" the scene at the time the Testator (maker of the Will) dies. Depending on how a Will was written, it might require a beneficiary to survive the Testator by a certain amount of time to inherit (for example, 30 days). But typically an estate would need to be opened for the beneficiary who survived the Testator but died before disbursement and whatever they inherit would then get passed through a second estate.

A Personal Representative must notify all...

Q: My son has a settlement from a auto accident. He past away before he could collect. What do i,his father do to collect

2 Answers | Asked in Collections and Estate Planning for Maryland on
Answered on May 3, 2018
Cedulie Renee Laumann's answer
Generally an estate must be opened for the person who died. The Personal Representative is the person appointed by the court with power to deal with any estate issues, including collecting any payment due to the person who died. The Personal Representative must also disburse in proper order after paying administrative costs and any debts owed.

Estates for people who die without a Will get disbursed under the laws of intestate succession. (who gets this depends on if the child was...

Q: Does this mean the PR can reinvest stocks in his name? "My PR has the power to invest and reinvest, sell, assign, lease

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Apr 20, 2018
Cedulie Renee Laumann's answer
No.

That kind of standard language simply means the PR can take assets the decedent owned and sell them if appropriate in exchange for other assets. For example, if a decedent owned 1,000 shares in XYZ Corp., the PR could sell those stocks and reinvest them in ABC Corp owned by the estate, or could cash them out and put the money in the estate account or could in the estate's name, buy or sell whatever other asset would make sense. However, any assets belonging to the decedent /...

Q: How does a trust when canceled apon my moms death take place An do I need a attorney for this process or trust bank

1 Answer | Asked in Estate Planning for Maryland on
Answered on Apr 19, 2018
Cedulie Renee Laumann's answer
It is unclear why a Will would read "cancelled upon death." If all of the assets were owned by a Trust, then the Trust terms will dictate how long it takes to disburse the assets. Some trusts are written to disburse over a long period of time while others disburse immediately after the death of the original maker (called the Trust "Grantor" or "Settlor")

Generally, you'll need to open up an estate (if an estate is necessary) in the state where the decedent (your mom) was "domiciled"...

Q: What are some LLC to LLC Real estate Recordation and Transfer Tax loopholes / exemptions in the state of Maryland?

1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Answered on Apr 16, 2018
Cedulie Renee Laumann's answer
Generally, there is no "LLC to LLC" exemption.

However, Maryland law enumerates about 26 or so different situations exempt from transfer/recordation tax, some of which may potentially apply when an LLC is involved. Each one is heavily fact dependent. You can find these in the Annotated Code, Tax Property article, sections 12 & 13 or consult with a real estate lawyer.

Q: GM is deceased, A&B are GM’s children, C is step-child. Who has rights to GM’s home w/o a will?

3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Maryland on
Answered on Apr 16, 2018
Cedulie Renee Laumann's answer
Any estate attorney helping with the estate should be able to sift through the deed(s) and beneficiaries to figure out who inherits in any given estate.

If someone dies domiciled in Maryland without a will, their property goes under the laws of intestate succession. If the person who died is unmarried, any property the decedent owned would pass to their children in equal shares. The timing of the deed has little to no bearing as the law looks at the family situation when the...

Q: What can grandchildren do if the grandfather passes and the other grandchildren received money but no will is filed

1 Answer | Asked in Estate Planning and Probate for Maryland on
Answered on Apr 10, 2018
Cedulie Renee Laumann's answer
A probate estate is a matter of public record, so the first place to start would be taking a look at the estate filings.

Keep in mind that some property might pass to family outside of the estate and the law does not require that people give away property equally in their Will or for assets passing by title designation. However, where someone dies without a Will, anything that does not pass by title should get distributed under the laws of intestate succession.

Typically,...

Q: Can I buy a house without changing my address to that location?

1 Answer | Asked in Banking and Real Estate Law for Maryland on
Answered on Apr 10, 2018
Cedulie Renee Laumann's answer
Anyone can buy real estate for investment or other purposes and the law imposes no obligation to change residence just because someone buys real estate. However, a lender very well may require that a home be the borrower's principal residence to qualify for more favorable lending terms, so the real question likely is: what kind of financing are you seeking? A borrower should not tell a lender a property will be their principal residence unless it truly will be.

While this is not...

Q: My sister and I own a house she has died. Does her share go to her only child or is the house solely mine, no will

2 Answers | Asked in Real Estate Law and Probate for Maryland on
Answered on Mar 23, 2018
Cedulie Renee Laumann's answer
It depends on how the deed is written. It may go to the surviving co-owner, or it may go through her estate to her heirs-at-law (spouse/children). An attorney can take a look at the deed and help you understand how your sister's interest passes.

Q: My dad told me he put my name on his house 8 years ago at which time his wife was there see addtl below

2 Answers | Asked in Real Estate Law and Probate for Maryland on
Answered on Mar 19, 2018
Cedulie Renee Laumann's answer
Deeds are a matter of public record, and any attorney should be able to pull this up in Land Records (or you could go to the Land Records office yourself to research and retrieve the deed).

There are several ways people can be "put on title," so there may or may not be an estate involved. It can get complicated if someone has lifetime rights but doesn't pay the taxes or other operational costs, so you may wish to seek legal counsel.

Q: Can a parcel of land remain deeded to a deceased person if remaining family members keep the land taxes paid up to date?

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Mar 19, 2018
Cedulie Renee Laumann's answer
As another attorney noted, property in the name of a deceased person needs to go through their estate. Legally, it belongs to their estate the moment they die. (even though it might take a few weeks, months or longer until an estate is formally opened). It generally gets more difficult and more expensive to pass property with the passage of time. In some cases, when heirs don't get around to deeding a residence until another tax year, the county will go back and "recapture" any homestead tax...

Q: one parent dies and wills his estate to the other parent and his four children and dependents. the second parent remove

1 Answer | Asked in Estate Planning for Maryland on
Answered on Mar 14, 2018
Cedulie Renee Laumann's answer
Any monies payable to a deceased person typically run through their estate. Whenever money is disbursed from an estate, it should go to the lawful heirs of the person who died, meaning the people identified in the will of the person who died (or if there is no will, to the heirs under intestate succession laws).

It would be advisable to sit down with an attorney to get advice on whether a specific person (e.g., a child) has rights to specific property -- the attorney would need to...

Q: Should you send an earnest money check before viewing and discussing a Residential Sales Contract.

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Mar 9, 2018
Cedulie Renee Laumann's answer
The Contract typically has a spot to write down how much the earnest money deposit will be, so an agent would reasonably need to know the amount of the deposit before you sign. That being said, there is no reason I can think of to actually cut the check before reviewing and signing a contract. An agent may want to verify that a buyer has resources to consummate the sale so they aren't wasting time but at the end of the day, discomfort with an agent in the very beginning might suggest problems...

Q: I engaged in a seller financed mortgage transaction about 3 years ago. The buyer at this point is 3 months in arrears

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Mar 9, 2018
Cedulie Renee Laumann's answer
You'll need to go through the foreclosure process. The rules are complex and changing, particularly for residential properties, so it is advisable to do so with experienced legal counsel.

Q: My 14yr old paternal grandfather passed away. Her father, grandfather son is dead. Grandfather gave other children money

2 Answers | Asked in Real Estate Law and Probate for Maryland on
Answered on Mar 6, 2018
Cedulie Renee Laumann's answer
Generally, No. Gifts given during lifetime do not ordinarily operate to reduce inheritance unless there is specific instruction in the Will to that effect (though there might be extraordinary circumstances).

You may wish to consult with an attorney if you have specific questions or want someone to analyze your particular situation. While not legal advice, I hope this general information helps.

Q: If my mortgage co sent me a letter stating my loan was paid in full and the deed is filed at the county clerks office

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Mar 6, 2018
Cedulie Renee Laumann's answer
The law recognizes something called an "equitable mortgage" so even if a release was filed, it may not waive the obligation to pay back the borrowed money.

Mistakes happen more often than they probably should, and lenders, especially large, institutional ones, are not always quick to recognize their mistakes.

You're encouraged to seek legal counsel.

Q: Is it the seller who is required to replace smoke detectors before selling the home?

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Mar 1, 2018
Cedulie Renee Laumann's answer
A Seller of an existing home ordinarily can sell the house entirely "as-is" thought they must provide either a disclosure or disclaimer listing known hidden defects (unless exempt from the disclosure/disclaimer rules).

Q: If you are part of a will 6 beneficiaries a property is being bought by 2 of them do they also inherent from the sale

1 Answer | Asked in Real Estate Law and Probate for Maryland on
Answered on Mar 1, 2018
Cedulie Renee Laumann's answer
Property can be "bought out" by beneficiaries in one of two ways: the people who want to keep the house might pay the estate directly for the part they didn't inherit OR after the property is transferred to the heirs, they might work out a buy-out amongst themselves (in which case the money would go directly to the other owners who are deeding away their inherited interest) . Either way the estate expenses must get paid before the property gets disbursed.

An estate attorney can...

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