Questions Answered by Cedulie Renee Laumann

Q: How do I write up a Bussiness trust 12-2004

1 Answer | Asked in Estate Planning, Business Formation and Business Law for Maryland on
Answered on Sep 19, 2018
Cedulie Renee Laumann's answer
The first question any business attorney will likely ask is: what are you looking to accomplish? A business trust is an old but relatively unusual way to conduct business, except perhaps in the case of real estate held in a grantor's revocable living trust. The question doesn't give any facts as to why an "unincorporated business trust" is desired. Most attorneys would ask whether the Grantor determined the tax liability for conducting a business in a trust vs. through a standard or...

Q: Is it legal to get data base off of a local gov't website

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Maryland on
Answered on Sep 18, 2018
Cedulie Renee Laumann's answer
Many government websites make information readily available for search but have a disclaimer that the information cannot be harvested by an auto-bot, software programs, etc. Harvesting an entire database is probably not going to fly, but without knowing what database you are trying to access, one cannot realistically answer the question. More than likely the agency maintaining the website can answer the question.

Q: If a deed of trust has 3 people on it and it is being transferred to one person on the deed, does the transfer tax apply

1 Answer | Asked in Tax Law for Maryland on
Answered on Sep 18, 2018
Cedulie Renee Laumann's answer
Unfortunately the answer is very locale and fact specific.

There are 3 different taxes that come into play with a deed. Transfers to/from a spouse, where property is encumbered by a mortgage, are exempt from both state & county transfer/recordation tax. Transfers to/from a sibling are GENERALLY tax exempt, at least from state tax, but in some locales (counties) the clerks may try to impose a county transfer tax based on the value of the assumed mortgage. In other counties, the...

Q: Is husband liable for a loan wife cosigned for her aunt?

1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for Maryland on
Answered on Sep 18, 2018
Cedulie Renee Laumann's answer
Maryland does not shift debt to a spouse, so if a husband never signs any loan documents he should not be personally responsible for the debt of his wife.

Whether or not any assets are at risk will depend how they are titled.

While not legal advice, I hope that this helps.

Q: How would I find real property ie. real Estate on the Maryland probate search website? it is a little confusing

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Maryland on
Answered on Sep 18, 2018
Cedulie Renee Laumann's answer
To find real estate in Maryland, one typically searches land records, not probate records. Probate searches will show what probate estates have been opened.

There is no way to search for what is in a particular estate (whether real estate or otherwise) without going into each estate's file and reviewing the inventories. And one cannot do that without physically going to the courthouse and/or ordering and paying for selected docket entries. But without understanding the basics it...

Q: Can I buy a property with Quit Claim deed and sell it with Warranty deed in future?

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Sep 10, 2018
Cedulie Renee Laumann's answer
Quit claim deeds raise red flags in a title search but they don't prevent the person who gets property this way from making greater warranties.

Essentially the person giving property through a quit claim says "I don't know if I own this property but if I own it, I give it to you." There are no guarantees (warranties) that the seller really owns the property. A title search can help figure out if the seller had good title.

The standard type of deed in Maryland is a special...

Q: Can the estate in probate make mortgage payments for the joint tenant/spouse?

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Maryland on
Answered on Aug 31, 2018
Cedulie Renee Laumann's answer
Please keep in mind that a federal law generally allows close family members who inherit a home to pay off the mortgage in the ordinary course and not requiring a lump sum payment.

An attorney would need to sit down with you to fully answer questions related to a specific estate.

An attorney would want to know: is the deceased parent obligated under the mortgage? Is anyone occupying the property? Generally speaking, an estate can pay the costs for maintaining estate...

Q: Are there any lawyers in Frederick Co. that do pro bono cases for Landlord vs tentant issues?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Aug 29, 2018
Cedulie Renee Laumann's answer
You'd have to speak to the particular firm/attorney and ask them if they're willing to work for free based on the facts of your case and your financial situation.

However, if your landlord wrongfully withheld the security deposit without reason and without letting you know (assuming the landlord knew your forwarding address), you may not need to find a pro bono (unpaid volunteer) lawyer. That is because Maryland law says that if a tenant wins their case for getting the security...

Q: qualify for a tenant pro bon can u refer senior disaility tenant to a few of them o law firm located Baltimore md

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Criminal Law for Maryland on
Answered on Aug 29, 2018
Cedulie Renee Laumann's answer
The Pro Bono Resource Center and American Bar Association have teemed up to offer a free legal answer resource at the following website:

https://maryland.freelegalanswers.org/

They may ask a few questions to see if you qualify - if you do, you can ask a volunteer attorney your question.

Additionally, Maryland offers a free "self help" legal clinic in certain District Court locations (such as Baltimore City and Glen Burnie, MD) where volunteers help people fill out...

Q: I'm going on two years where I live.. Last year, my rent went up $30. This year, it's going up 120. Is this legal?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Aug 29, 2018
Cedulie Renee Laumann's answer
Landlord/tenant law in Maryland is governed both by state law and also by the law of the county/city where the property is located.

Generally speaking, a Landlord is free to set rent at any rate they deem appropriate. That being said, the Landlord must follow the rules of the lease, so checking the lease is very important when trying to figure out if a rent increase is "legal." Additionally, in a few areas of this State (such as Montgomery Co) a Landlord must either offer a 2...

Q: Hello In Maryland does the Bonding Agency require that an attorney be listed? If so can the attorney be out of state

1 Answer | Asked in Probate for Maryland on
Answered on Aug 29, 2018
Cedulie Renee Laumann's answer
1) Most of the time bond companies (at least those issuing fiduciary bonds in Maryland) consider a Personal Representative who is represented by an attorney to be a lower risk. That is because the bonding company expects the attorney to already know the rules and to handle the estate in accordance with the law. Some bonding companies may not issue a bond to a person who is trying to navigate without legal counsel, or they may require more underwriting.

2) An out-of-state attorney who...

Q: My son and daughter were named in a trust from a friend as beneficiaries. My son's name is correct but they have a

1 Answer | Asked in Estate Planning for Maryland on
Answered on Aug 29, 2018
Cedulie Renee Laumann's answer
A minor typo might be overlooked when all other indicators point to a known person but a name "not in [the] family at all" most likely will need a court order to rule that the benefits go to the person believed to be the intended beneficiary.

While not legal advice, I hope this general information helps. You and/or the Trustee may want to seek legal counsel from a local attorney who practices estate/trust law.

Q: Do I have to return mirrors that I took from the bathrooms in the house I just sold.

3 Answers | Asked in Real Estate Law for Maryland on
Answered on Aug 24, 2018
Cedulie Renee Laumann's answer
The easiest solution is likely to simply ask the Buyer if the Buyer wants them. If not, take them. If so, leave them. Wading into a legal battle over whether bathroom mirrors (which typically stay in the bathroom when a house conveys) must convey or not seems unproductive.

The above is not legal advice but I hope it helps.

Q: In Md, if a house is put in Trust, must it go through Probate?

2 Answers | Asked in Probate for Maryland on
Answered on Aug 29, 2018
Cedulie Renee Laumann's answer
The short answer is "no." A house in trust does not go through probate.

Another attorney made some helpful observations, but I write to add a few additional thoughts. The "average" estate of under $4 million in Maryland does not need to worry much about tax planning.

There are multiple different taxes that kick in when someone dies. Death taxes, inheritance tax (sometimes income tax) and for assets going through probate, a probate 'fee'. While the probate "fee" is not...

Q: If my income covers my rent can my leasing office ask how I support my children and pay bills and ask me to get more inc

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Aug 15, 2018
Cedulie Renee Laumann's answer
Generally speaking a Landlord has the right to set certain income eligibility guidelines for renting -- the LL can make sure that prospective tenants have enough income to pay the rent. A landlord might set a reasonable guideline -- for example, something like rent can be no more than 35% or 40% of monthly income.

That being said, a Landlord might not be able to turn down a prospective tenant based on SOURCE of income (if, for instance someone was paying with a Section 8 voucher...

Q: Is MD a penalty state regarding the signing of loan docs do they only have 3days to sign from the date the docs are date

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Aug 15, 2018
Cedulie Renee Laumann's answer
If the question seeks information about a 3 day right to rescind (cancel) a loan transaction, this ONLY applies for refinances. It does NOT apply to the average home purchase loan.

If you have specific questions about a particular real estate transaction or particular loan documents you are encouraged to seek legal advice. While I hope the general legal information helps it does not substitute for getting legal advice.

Q: Can the estate administrator complete a deed in lieu of foreclosure? Is an appraisal required?

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Maryland on
Answered on Aug 15, 2018
Cedulie Renee Laumann's answer
If there is little or no equity in estate owned property and the lender is willing to accept a deed-in-lieu of foreclosure, then yes, a Personal Representative has authority to sign such a deed. Whether or not a deed in lieu can be done depends on the willingness of a lender.

Note that if heirs are willing to take over the mortgage they may be able to instead assume the loan.

Please understand that the above offers general legal information and does not take into account any...

Q: Home is under warranty, whenever it rains water seeps in the basement. Is the seller responsible for fixing the issue?

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Aug 14, 2018
Cedulie Renee Laumann's answer
It is unclear what you mean by "home is under warranty" What kind of warranty? It is very unusual for an existing home to come with any kind of warranty (except warranties of title) or appliance warranties purchased through third party companies. New home construction, on the other hand, comes with certain warranties.

Q: Is it illegal to pursue a tax delinquent property owner for the sale of their house if the foreclosure wasn't filed?

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Maryland on
Answered on Jul 27, 2018
Cedulie Renee Laumann's answer
You essentially ask about tax sales. Each county has different dates and specific process for the sales/bidding, but in Maryland if the taxes are ~6 months or so past due, the county holds an auction. The county will advertise the auction in advance. The property owner can pay up the taxes, in which case it won't go to tax sale and the record owner will keep their ownership. If it does go to tax sale, an investor can bid on the property. The winning bidder receives a tax sale certificate....

Q: Hello, I read that in Maryland there are no "Self Proving Affidavits" for last wills. What form can be used instead...

2 Answers | Asked in Estate Planning and Elder Law for Maryland on
Answered on Jul 16, 2018
Cedulie Renee Laumann's answer
As the other attorney noted, Maryland does not require that witnesses to a will appear in the ordinary course of probate. The basic requirements in Maryland are that a will be in writing, signed and witnessed by 2 people who watch the Testator sign.

It is helpful, though, to type (or clearly print) the names of the witnesses and their addresses under their signatures -- both of these pieces of information are necessary when the will gets filed and in some wills with only scrawled...

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