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answered on Jan 20, 2020
There are several different taxes that can come into play when you transfer property, so it helps to know which you mean. Although some may recommend keeping title as-is and letting everything pass through probate, in my view the simplest and most cost-effective approach to easily transfer... View More
answered on Jan 17, 2020
If the question is asking about how to transfer property titled in a deceased's name when they died, the only way to do this is by first opening up an estate and then by recording a Personal Representative's deed. No one can sign a dead person's name after they die.
If the... View More
There is a mortgage fro $250,000.00 and house is worth $375,000.00. She owed $10000.00 in credit cards.
I want to keep the house. My sister does not want house. I am Personal Representative. There is no money to pay credit cards.
Do I have to sell the house to pay the credit cards?... View More
answered on Jan 4, 2020
As another attorney noted, all lawful debts need to be paid before assets get distributed to heirs. That said, Maryland law requires that debts be paid in a certain order before any of the heirs can inherit estate property. Some debts (for instance funeral bills and some medical bills), may have... View More
Elderly parent must relocate to my home in so. MD. His will is under LA. Does this matter at time of death?
answered on Dec 30, 2019
Generally speaking, wills valid in the state of original domicile remain valid if the planner moves. A will may become void in some cases of changed circumstances, such as if a planner both marries and has children after creating their will, but a valid will does not become "void" based... View More
He hasn't live here in 10 years. I thought ownership would just transfer to me.
answered on Dec 17, 2019
People can jointly own property several ways. If married, they can own in Maryland as tenants by the entirety, joint tenants with rights of survivorship or as tenants in common. The way these types of co-ownership transfer at the death of one of the owners is very different. When a joint... View More
I have one biological brother, and my father was married at the time of his death. he is not alive to claim his share from my grandmother who gets that share under Maryland law.
Edited to add details. My grandfather passed away in 1975. Only the house was left and no will was found. My... View More
answered on Dec 13, 2019
In figuring out who inherits, the law tends to only looks at who survived the Decedent AT THE MOMENT OF THEIR DEATH. The answer may vary a bit depending on whether the Decedent had a will or died without a will. (Wills commonly specify that someone needs to survive by a brief period, say 30 or... View More
My father brought a house with his first wife, he divorced and married my mother, when he died his name and his first wife name was on the title. My mother brought his ex wife half. Now my mother has died and my father name is still on the house. I was told me his daughter had the same rights... View More
answered on Dec 10, 2019
A deed can be recorded anytime after it is signed, but how an unrecorded deed affects other people's rights in a particular piece of property depends on the specific facts of the situation. Very generally speaking someone who pays market rates for real estate and is unaware of any other deeds... View More
answered on Nov 26, 2019
It is strongly advised to use an attorney to initiate foreclosure proceedings. Maryland law allows for reimbursement of the tax sale purchaser's attorney fees up to a specified dollar amount upon redemption, so nearly all of the time a certificate holder will use an attorney who can help... View More
answered on Nov 26, 2019
Maryland law does not impose a "grace period" for late payments of rent, but you may wish to check the terms of a particular lease to see if there is a grace period before late fees begin to accrue. Generally speaking, rent is due on whatever date the lease says it is due and unless the... View More
answered on Nov 26, 2019
Maryland employers should post in the workplace information about Workers Comp, but an injured employee can always contact the Workers Compensation Commission.
Alternatively, an injured employee can reach out to an attorney practicing in this area of law.
The contract has expired on my secured loan which I secured with my vehicle but I still owe the fees for late payments. Can my vehicle still be reprocessed? I have paid $2200 of the $ 3300 of late fees I owed.
answered on Nov 26, 2019
Maryland usury law is rather complicated and has all sorts of different rates of interest depending on the situation. For instance, the maximum legal rate of interest permissible for a Maryland loan might be 6%, 8%, 18% or 33% depending on the facts.
If after looking at the various... View More
And how much is it gonna cost me to get a lawyer and how do I get the lawsuit filed
answered on Nov 26, 2019
You may wish to sit down and speak with an employment lawyer. Depending on the size of the employer and how long you worked there, laws like the Family Medical Leave Act (FMLA) and laws preventing discrimination on basis of pregnancy may apply. An employment lawyer should be able to tell you... View More
answered on Nov 26, 2019
In a word, "NO." A will does not avoid probate. A planner may have good reason to want to avoid the process and expense of probate (which typically involves costs to include a commission to the PR, newspaper publication, attorney fees and probate fee, though the probate fee is not... View More
They are saying they can't complete the modification because it is showing I have another mortgage on the title from 2007,and I need to supply them with a copy of it.
answered on Nov 18, 2019
There doesn't seem to be a question in this post.
If an old mortgage is paid off but not showing as "released" in the Land Records it would be necessary to straighten that out. Lenders should mail something called a Certificate of Satisfaction or Release once a loan is... View More
answered on Nov 18, 2019
If there is no heat due to a malfunctioning heating system or something else in the Landlord's control, a tenant can petition in court for something called "Rent Escrow." Rent Escrow basically is designed for situations where some serious / dangerous problem threatens the health or... View More
Is it worth trying to get the frozen account taken care of through the collections/law firm or should I go to court and immediately file a motion to release? Does my wife have a case for damages as we cannot currently pay rent, insurance, food etc..
answered on Nov 18, 2019
An online post cannot give a detailed answer on the best steps to take in a particular situation. The law offers some protection, but it is not automatic.
Generally speaking, if an account is owned as TENANTS BY THE ENTIRETY, in most situations a judgment creditor of only one spouse... View More
We are a blended family. Step grandfather’s son called saying he has POA and wants access to the house. We never met him before and step grandfather is in nursing home, deemed medically incompetent and is non verbal.
answered on Nov 18, 2019
As another attorney notes, the surviving co-owner (grandfather) would own 100% of the property if he owned it with his wife as tenants by the entirety.
A person's physical or mental state does not change their ownership of property. However, if the owner is no longer capable of... View More
One witness can be the notary and the other witness, not named on the paper as an agent, successor, or alternate, witness the document, even if the witness is a family member?
answered on Nov 18, 2019
While the law does not prohibit relatives from acting as a witness to a POA, best practice is to have the witnesses be disinterested non-relatives if possible.
answered on Oct 28, 2019
The sales contract will usually match the deed. In other words, whoever is going to acquire the property should be identified. Sometimes acontract purchaser will just list their name "and/or assigns" as buyer so they can assign their interest to someone else. But typically if 2... View More
Sold my home “as is” and now I’m being sued by the buyers because when it rains hard water comes into the basement.
answered on Oct 25, 2019
"Can" someone be sued for a claim based on a problem with real estate? Yes, people can be sued for all sorts of reasons. Some claims can be dismissed or resolved before they get to trial, other claims go to trial and the chances of winning or losing depends very heavily on the... View More
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