A trust can usually be set up for any purpose the person making the trust (called a Grantor or Settlor) desires, with any kind of stipulations the Grantor deems appropriate in their own eyes. If the Grantor wanted to reserve $1 million to feed pigeons at a local park, they could usually do so,... View More

If someone dies with property titled in their sole name, then yes, an estate should be opened. Very generally speaking family has no obligation to open an estate (unless they are the named personal representative in a will) but it is usually in their interests to do so.

A reverse... View More

No.

Life estate deeds with full powers are used regularly for estate planning in this state and if properly drafted the remainderman has no interest whatsoever until the life tenant dies.

Please note that an attorney cannot realistically answer questions about a specific deed... View More

While an attorney cannot analyze a purported lien without looking at it, property tax liens for failing to pay annual property taxes usually fall under the tax PROPERTY article, title 14 (not the tax GENERAL article).

The code section you cited in the general tax article usually... View More

Maryland's usury laws are fairly complicated. The location of the tenant is likely irrelevant. The general legal rate of interest in MD is 6%. Most of the time people can charge up to 8% so long as there is a written agreement to that effect. However parties can agree in various... View More

When someone dies without a will, the laws of intestate succession apply. Depending on what other family they leave behind, property may have to be split with the children or parents of the person who died. Generally the person handling the estate will want to wait before paying credit card... View More

Both attorneys correctly noted the general principle that people need to pay off their mortgage before transferring / deeding their property, BUT there are still ways a parent can legally add a child to a deed without needing to pay off the mortgage early.

A) If the goal is to transfer... View More

The difficulty with your post is the phrase "and the state takes over and puts it up for auction." That is not normal, so an attorney would want to understand why the state of Maryland would possibly be involved with putting up a property for sale. Now Maryland counties routinely put... View More

This can only be done by a Deed. The Personal Representative is the only one with authority to sign a deed after someone dies, so this requires someone to serve as Personal Representative. An estate should be opened where the deceased person was domiciled (which may or may not be where they... View More

Some options in situations like this are getting and recording an easement from the neighbor on whose property the drain field lies, or, in some situations, replacing the entire septic system with a documented one solely on the right property.

An environmental study might not be... View More

As Mr. Sternberg noted, a notary cannot witness their OWN application but they most certainly can witness any other borrower signing that and the host of other documents a borrower signs at a closing. A notary who witnesses documents to get title insurance must also be a licensed title insurance... View More

The question does not describe the context but I'll assume that the asset seizure stems from a judgment which someone is trying to collect.

Maryland law exempts certain amounts from garnishment, but the exemption is not automatic. Very generally speaking Maryland allows an individual... View More

If your father owns the property free & clear and he is looking to give it to you, in exchange for you paying him back, this sounds like a family mortgage situation. This is documented by a note and mortgage/deed of trust. My firm helps clients set up family deed transfers and family... View More

The reimbursable expenses are outlined in Md Ann Code Tax Property Article Title 14. Specifically you'll want to look at 14-843. No, the costs of purchasing a lien certificate are not recoverable although the amount of taxes the original purchaser paid would be.

Because the statute... View More

Most rulings can be appealed if there was an error in the trial court's handling of the evidence. However, keep in mind that appeal rights are very time sensitive.

Separately, the Attorney Grievance Commission in this state investigates charges of lawyer misconduct.

While... View More

The beneficiary under a Deed of Trust IS the lender.

Although this online forum is not designed to seek legal research on specific issues / entities / matters, you can check with the State Department of Assessments and Taxation (SDAT) for information on the last known resident agent for... View More

No, commercial leases don't have caps in this state and generally the terms can be whatever the parties negotiate.

Generally front foot assessments go with the property and become an obligation of the new owner (the same way HOA fees or property tax obligations would). Typically these payments last up to 30 years after a new development is built. That being said, both the contract and the closing paperwork... View More

Under federal law, family members inheriting property may be able to simply take over the mortgage payments instead of refinancing in certain situations. However, whether that is feasible depends on other factors, such as buy-out ability. If the property remains in Trust, it is sometimes... View More

As with many things legal, whether a romantic relationship is legally problematic will depend on the circumstances. Was the doctor pursuing the patient while treating or did the romantic interest arise well after the termination of the doctor/patient relationship? Was the doctor/patient... View More