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3 Answers | Asked in Estate Planning for Maryland on
Q: I inherited my mother’s house when she passed how do I transfer the deed into my name? The estate was settled in 2013.

I’m the sole heir and the administrator of her estate.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 30, 2019

I echo the other attorney comments about contacting a real estate attorney to assist with this if you did not have an estate attorney do this when the estate was administered. My firm handles these kinds of deeds for a flat fee, as do many other attorneys. Your attorney may ask to see a copy of... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it legal for five members of a nine member Board to meet (or email) to plan & agree on action at the next Board meet.

Is it legal for the Five to do this without including the community (aka public) and the remaining four Board members (who happen to be the officers of the Board)

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 19, 2019

In many cases, corporate board members can freely consider what they want to do outside of a formal meeting. That is how resolutions are frequently made. That being said, the bylaws must be followed and ordinarily whatever the board members might consider outside of a meeting, unless there is... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Does the buyer under contract following an inspection have a right to recind their offer completely?

Buyer not given the right of repair.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 17, 2019

This all depends on the specific contract and the specific contract language. There is no one size fits all answer.

You are encouraged to seek legal advice if you have a question about the rights or obligations of parties under a particular contract.

3 Answers | Asked in Estate Planning for Maryland on
Q: My brother and I are joint trustees in a living trust containing our mother's assets. What if one of us resigns?

The trust is located in Maryland and our mother is suffering from dementia.

If the trust is re-written with one of us as sole trustee, and the other as the successor trustee in the event the first becomes unable to serve as trustee:

1. Are the contents of the trust or trusteeship... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 11, 2019

Specific questions about specific planning documents usually require sitting down with an attorney to review. That being said, I'll try to address in general terms the questions posted.

With respect to inheritance and other death taxes: these taxes apply in Maryland no matter...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: Can attorney charge $300 collection and attorney fees for $180 of HOA owed in Maryland?

I was out of the state temporarily and at which I missed 2 quarter HOA payment for January and April 2019 fees at $90 each for a total of $180. Upon returning in June, I found out I have mails about my delinquent account. I immediately tried to resolved it following up with the HOA management... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 23, 2019

Typically HOA documents say that homeowners will pay costs of collection, including reasonable attorney fees, for any past due accounts.

Maryland's Rules of Professional Conduct for attorneys requires that attorneys fees be reasonable based on the time and labor and complexity...
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3 Answers | Asked in Probate for Maryland on
Q: What if a person doesn’t go through probate, does the property go to the decendents
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 12, 2019

Whatever someone dies owning titled in their sole name becomes part of their probate estate. Other property (such as jointly owned real estate, bank accounts, life insurance with named beneficiaries, etc.) may go directly to named beneficiaries or co-owners. The beneficiaries (people inheriting... View More

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3 Answers | Asked in Real Estate Law for Maryland on
Q: My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years.

My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years. Is she entitled to any proceeds from sale? He doesn't want to sell and has made her a super low ball cash offer to get her off of the deed. What are her rights? Can the court... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 8, 2019

Ordinarily each co-owner on title has rights to share in the proceeds of sale. Living in a property does not change someone's status as owner although owners may seek to offset if they paid more than their share of expenses. In most cases co-owners will reach an agreement (if they were... View More

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1 Answer | Asked in Civil Litigation and Estate Planning for Maryland on
Q: Where does Maryland state that the trust schedule for an inter vivos trust must be filed when opening an estate.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 5, 2019

The question is unclear. Ordinarily there is no reporting of trust schedules with the probate estate filings.

Perhaps you are asking, however, about reporting trust assets transferring to people obligated to pay inheritance tax? Maryland law requires that an Information Report be filed...
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2 Answers | Asked in Real Estate Law and Elder Law for Maryland on
Q: Since I owe a large sum on my house; when I die, can my adult children just 'give the keys' to the mortgage company ?

I hope my adult children would not have to pay off my house

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 30, 2019

Good question. Heirs do not have to personally pay off any debts of a deceased relative. The Personal Representative ("PR") is appointed to deal with the assets and debts of the person who died and must pay off debts from the deceased person's assets.

Three options...
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2 Answers | Asked in Contracts and Real Estate Law for Maryland on
Q: My mother gave me my grandmothers house , which was uninhabitable . I remodeled it, and now she is selling it.

I found out from an email I was sent from an interested buyer. In the beginning (2010) My mom and I agreed that I would at least Get the money I put into it if she sells the house. Can I put a lien on the property to get the money I’m due?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 22, 2019

The short answer to "can I put a lien on the property" is yes. Maryland limits who can lend money secured by a house but still allows immediate family members (such as mother/daughter) to do so.

The process of getting a lien is done by having the property owner sign a deed of...
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1 Answer | Asked in Employment Law for Maryland on
Q: If you don't take a break at work, can your employer still take the time out from your check?

You're over 18

You've worked over 10 hours

2 hours and 30 minutes worth of money was taken out of the check

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 12, 2019

An employer must pay employees for time worked. An employer cannot refuse to pay an employee who could not take a break and who actually worked through the break. If this is the situation, you may wish to consult with an employment lawyer. The laws are set up so that the employer can be forced... View More

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: If a non custodial parent dies and he has a spouse how can I find out if there is an estate if child support is owed?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 12, 2019

Probate estates are opened in the jurisdiction where the deceased person died. You can find out whether an estate has been opened by contacting the Register of Wills (or going to the Register of Wills' website and performing a search with the deceased person's name).

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2 Answers | Asked in Contracts, Family Law and Real Estate Law for Maryland on
Q: MD Rule 8-209 & 8-210 give court jurisdiction to disperse of the property after 3 years if the PSA wasn't done.

Family law post divorce issue- the property settlement agreement (PSA) was never executed due to many issues one being frustration of the contract and the X refusing to do his share of the agreement making it impossible for wife to do her role so the marital house still sits paid for and not... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 12, 2019

Your circumstances may benefit from consulting with a lawyer who focuses on family law. You may wish to sit down with such a lawyer to best understand your situation, including any controlling court orders.

In response to the actual question posted, however, "how can one interpret...
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1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: My friends and I pulled into our hotel in ocean city Maryland, and without even having any of our alcohol in sight, a...

cop approached us as we were outside of the van, first asking how old we all were, and then claimed that she knows we have alcohol in the vehicle. She stated that we could make it easy and just get the alcohol out and dump it, or that they could take a different route. My friend driving the van is... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 12, 2019

The post states that the 6 underage people (all of whom were under 21 and some of whom were under 18) actually had alcohol, though seems to think there was "no possible way" an officer could have known. Perhaps this doesn't give the officer enough credit. The post does not seem... View More

1 Answer | Asked in Foreclosure for Maryland on
Q: Hi I got a letter foreclosing on tax lien last Friday What exactly do I need to file fore a special appearance?

I was told I need to file a motion to stay in the home while doing this. What kind of motion. I just need to know exactly what to file. My condo was paid in full it was a property tax lien

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 12, 2019

To get specific advice on a particular tax sale, you should promptly reach out to an attorney to discuss the specifics of your case, including where exactly it is in the tax sale process.

Tax sale foreclosures go through a process. Typically annual tax bills come out in July and all...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: Can Can You Quiet Title A Estate Estate / Property With No No mortgage / Lease.. && Not Regarding Adverse Prosession

Maryland Maryland

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 12, 2019

If the person filing suit has a legitimate basis for claiming to own the property, then yes, they could file suit to quiet title.

Maryland recognizes two different basis for ownership claims -- either based on title rights (based on deeds, for example) or based on adverse possession rights...
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1 Answer | Asked in Family Law for Maryland on
Q: How do I remove a girlfriend/mother of my child from my house. She's not on deed but living here for last few years.

She needs to go as things are bad and she won't stop badgering me and starting verbal fights.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 5, 2019

Assuming there is no lease, an owner of property can always ask an adult occupant to leave ("vacate"). However, an occupant cannot usually be forced out without following legal procedure.

Usually an owner will give 30 days written notice to leave (shorter time frames may exist...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is a mold outbreak in a brand new "redone" basement means to sue in Maryland?

We purchased a home on july 2nd, 2019 closed on the home. The home was "as is" so the home orginally was listed for sale in january of this year it was taken off of the market a month later and apparently a 38,000 insurance claim was made and then the basement had been "redone"... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 5, 2019

Nearly every sale should have a "walk through" of the Property immediately before settlement. This is often the day of settlement, or perhaps 24-48 hours beforehand. Any changes to the property between the contract period and closing are ideally noted at the walk-through and addressed... View More

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1 Answer | Asked in Business Formation for Maryland on
Q: Help to fill out IRS Form 2553

Don't understand what to fill in for Part 2

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 3, 2019

The IRS form you mention is for a business to elect to be taxed as a Subchapter S corporation. There are several other ways businesses might be taxed and several situations where a business might file this form. Part II asks information about whether the entity is an existing or new entity. An... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I stop paying rent, if landlord refuses to fix stove, oven, and leaking gas?

In December I reported to Landlord that neither my oven nor stove work. Actually it stop working before December its been almost a year now. Repeatedly I informed landlord about repairs. He has left several messages and even made appointments for somebody to be at the home to do repairs. The... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jul 3, 2019

Maryland law has a procedure called rent escrow for situations where living conditions are uninhabitable / hazardous to life/health. The process is started in District Court by filing appropriate paperwork. If the facts convince a judge, it may be possible to not tender rent to the landlord... View More

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