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Questions Answered by Cedulie Renee Laumann
2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I bought a property in a tax sale, there is no mortgage do I have to pay a transfer tax
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 14, 2022

Yes, transfer and recordation tax are due when the deed gets recorded.

Note that tax sales in MD require a foreclosure lawsuit before the county issues a deed. Purchasing at the tax sale auction is only the first step.

While not legal advice I hope this general information helps.

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2 Answers | Asked in Estate Planning for Maryland on
Q: My uncle passed away without a will with minor beneficiaries. The executor of estate wants to buy property whats process

Executor is family member who is not a benficiary is this possible for fair market vallue, minor will be turning 18 before sale.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 16, 2022

The short answer to your question is "Yes, it is possible for the Personal Representative (Executor) to buy property from the estate.

So long as it is for fair market value (as your post suggests), the process is fairly straight-forward and involves deeding out of the estate. It is...
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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: My question would be What is the difference between power of attorney and an executor of the estate?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 16, 2022

A Power of Attorney gives someone else rights to manage financial affairs and property while the planner is LIVING.

In contrast, an Executor (Personal Representative) is appointed to manage the financial affairs and property after the planner dies.

While not legal advice, I...
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1 Answer | Asked in Tax Law for Maryland on
Q: I've been paying taxes on property for 60 years.. How can I get a reimbursement as they say I no longer own it?

We have been paying taxes for years and just found out the property is no longer ours. We've been paying taxes every year for over 60 years since the death of our father. How can I get my money back from the state of Maryland.. They sent me statements and accepted my money for property taxes... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

Generally speaking anyone can pay anyone else's property taxes... the state will not reimburse someone for paying taxes on property they do not own.

However, the question prompts another - how was there confusion on the ownership of the property? Tax bills show the name of the...
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1 Answer | Asked in Family Law for Maryland on
Q: I have joint custody of my children. If I think they are being physically abused is it ok for me not to return them to

Return them to their mother until I can get back into court? Can I be arrested for doing this?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

This question really needs to be posed to a family law attorney, in private consultation, who can look at the custody order and listen to the facts related to the possible abuse to see if an emergency petition is in order. Violating an existing court order can indeed cause someone to be held for... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Maryland on
Q: I'm settling my mom's estate in Maryland and gave the grandchildren her furniture. Do I need to hire an appraiser?

Used furniture - not antique.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

An appraisal is required for most tangible personal property that the decedent dies owning. Under Maryland law a Personal Representative can only value certain kinds of personal property (e.g., automobiles with a blue book value). Unfortunately furniture is not in the list of items a Personal... Read more »

1 Answer | Asked in Estate Planning, Insurance Bad Faith and Insurance Defense for Maryland on
Q: My father passed recently. He named me, his daughter, as beneficiary for his life insurance policy back in 2014.

He had to get his life insurance papework notarized due to state of Michigan retirement/pension rules, which he did, and then sent it in to be filed. In 2021, he remarried and went through the state of Michigan online system and put his new wife down as the beneficiary. He did not go through a... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

I am sorry to hear of the recent loss of your father.

The post states that the policy holder "went through the online system and put his new wife down as the beneficiary." That is almost certainly the answer to the question "who the true beneficiary is of his life...
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3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: For a life estate deed, how do I describe the grantees? Ex: A is transferring to B for life of C with remainder to D?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

The Grantees are persons receiving an interest in property. So if B holds a life estate during C's life (it isn't clear why one would do this), "C" wouldn't be a grantee.

There are a variety of ways one can transfer lifetime interests in property, with a host of...
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2 Answers | Asked in Estate Planning for Maryland on
Q: executor is telling me we will need to transfer the $ fr. me &my moms joint account to estate.any legality if I don’t
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2022

As another attorney noted, the general rule is that joint accounts with survivorship rights pass to the survivor without going through probate.

However, there are some circumstances under which the general rule does not apply and funds in a joint account are construed as being held in a...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: Hello

Hey I have question, about year ago we made an offer on a house it was listed 80k and we made offer of 90k and Realestate agent told us someone offered 95k and their offer was accepted it was sealed offers, and we could not buy it, I just came across with that house again it says sold for 80 on... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 20, 2021

The initial contract price is not always the final sale price. While it is possible your agent lied, it is also possible that the Seller in fact accepted a higher offer and either the appraisal or an inspection caused a re-negotiation of the price before it got to sale. Because contracts,... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: Do you need an appraiser if the only thing in the estate is a bank account with US dollars?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 16, 2021

No. You simply need to verify the exact date of death balance in the account.

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2 Answers | Asked in Estate Planning for Maryland on
Q: What are the advantages of putting my home in a trust costing $3500. or a joint tenancy. We are leaving =ly to 3 sons.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 2, 2021

The fee for trusts is not set by law and estate planning attorneys will set their own rates, so a trust may cost more or less than the figure you quoted, depending on the circumstances and what else is involved. (My firm, for example, at time of this post prepares comprehensive revocable trust... Read more »

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1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: Hi. For three years I moved into my mom's house and took care of her. Wondering what my rights are as one of four.

I have no expectations as one of the four children that I have sole right to the property and estate. What I am wondering is, because I am very low income, part of which is due to health issues, how much notice do I have a right to receive before they try and sell the house. For what we're... Read more »

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

Once someone passes away, their property becomes a part of their probate estate. Property in the name of someone who died cannot be sold until an estate is opened and someone is appointed as Personal Representative of the estate. Your post does not indicate whether an estate has been opened or... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for Maryland on
Q: My Dad died in Jan 2021 & owned a home in MD, with no estate. No other accounts or income.

From reading, I don't need to file income or estate taxes. I'm confused on the capital gains. Please help. Thank you!

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 29, 2021

Hi,

Are you selling the property? If not, you typically would not calculate capital gains tax at this stage. When you do sell, the capital gains will depend how you received the property, how much it sold for and what the original value or "basis" is. Typically an accountant...
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2 Answers | Asked in Tax Law for Maryland on
Q: Tax advice for inheriting half a condo

In 1998 my parents helped me buy a condo. The deed has my name and my father's name on it. I was told at the time that when he died I would automatically inherit his share of the condo, with no taxes owed. He died in 2011 and I have not tried to change the deed and I'm worried about any... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 29, 2021

Your situation seems to involve a hybrid -- if your name was put on the property while your father was living, and you inherited the balance when your father died you need to separately figure out the capital gains for each half. The very general rule is that anything someone inherits gets a... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: Does my nephew pay 10% tax in Maryland when upon my death he is the beneficiary of $10,000.00 from my savings account?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 15, 2021

Short answer is "yes." Under current Maryland law, a niece/nephew pays 10% on the value of what they inherit from an aunt/uncle (whether through a Will, co-owned account or a POD account).

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1 Answer | Asked in Probate and Estate Planning for Maryland on
Q: "A Personal Representative has an obligation to appraise everything in the probate estate." This was in response to a

question I previously posted. (1) I noticed on the MD court website for my mother's estate, with the docket of forms already filed with the court, the PR has listed $0 in inventory of household belongings filed. I've become aware an appraiser was hired to sell, donate or gift belongings... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 26, 2021

To get specific legal advice on a particular estate you may want to reach out to an estate attorney for a consultation.

To answer the general question "Does [a] PR need permission from the court to settle?" Usually no, under most circumstances a Personal Representative in...
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3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: What is the best way for four families to build one shared residence?

We and three other families intend to sell our homes when our kids go to college and build one large custom home on acreage. Should we form some manner of legal entity to pool our money and deal with the builder, etc.?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 26, 2021

The answer depends in part on whether you need funding (mortgage) or not. Funding as an entity will be different than getting funds as an individual (or couple) for a primary residence. Additionally, an LLC is not a natural person so property held by an LLC will not be anyone's principal... Read more »

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: I can access my mother's public estate information on the Maryland website presently going through probate. I noticed a

recent update was filed but wasn't included in the docket information to request a copy. Why is this not listed? Also, can you tell me what are "court sealed dockets" that are not available to request a copy other than a Will held in safekeeping? Thank you.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 16, 2021

Most all documents filed in an estate are a matter of public record. The court may, in rare situations, seal documents which are not open to the public.

If you have questions about a specific filed document not showing up in the docket it would probably be best to direct the question to...
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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: I have resisted hiring a lawyer to assist in our family's regular estate claim as the BaltoCo court gives

all necessary info and guidelines for the Executor to proceed, but more importantly to avoid any unnecessary legal fees. As a beneficiary only myself, I suppose I can file a grievance with the court if need be. Can you tell me what a probate lawyer can do that I wouldn't be able to do myself... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 16, 2021

At the outset it isn't clear if you are both the Personal Representative and an heir (or only an heir). In the average (routine) estate heirs do not engage lawyers while it is common for the Personal Representative to hire a lawyer to assist with the estate administration.

A probate...
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