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I thought they could only raise your rent 5%. Nothing has changed. I've never been late...nothing. A neighbor has been here 5 years and hers never go up more than $30. Is it fair for them to start their experiment on me?
answered on Aug 29, 2018
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... View More
In the state of Maryland, The Office of Wills requires the designated Personal Representative to be bonded.
Q: Do all Bonding Agencies require that an attorney be listed on the bonding application or is this a requirement per respective Bonding Agency .
Q: If attorney is required... View More
answered on Aug 29, 2018
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... View More
incorrect first name for my daughter but our last name is correct. The first name is not in our family at all. It is almost like my name.What do I do to get this corrected? The trustee knows that it was a mistake also....both parties on the trust are deceased..This is a trust for their education... View More
answered on Aug 29, 2018
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... View More
I just sold my home. When I left, I took 3 mirrors that were hung (not fixed) in bathrooms. They are decorative and I consider them personal property. I didn’t put any exclusions in the contract but the mirrors were also not listed as inclusions. The contract is silent on this. Is there a law... View More
answered on Aug 24, 2018
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... View More
answered on Aug 29, 2018
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.... View More
answered on Aug 15, 2018
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%... View More
N/A
answered on Aug 15, 2018
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... View More
My father owes $103,487 and the average home value is $108,000. No equity in the home. Heirs are unable to become the successor.
answered on Aug 15, 2018
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... View More
We were not told about this issue prior to buying the home. We closed on March 27, 2018.
answered on Aug 14, 2018
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... View More
As a real estate investor, I target tax delinquent properties. those who are behind on their property taxes. From what I know there is a default time where the home owner goes behind on the property taxes and then I believe it goes to auction and you have to bid for them? I want to pursue the... View More
answered on Jul 27, 2018
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... View More
... so that the will witnesses don't need to go to court to validate the will?
Thank you in advance
answered on Jul 16, 2018
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... View More
Need to know if we can get a lawyer and what are our options ...We are homeless. I have filed for disability. We have 5 kids.
answered on Jul 2, 2018
Hotels typically operate on different rules than landlords but Text MDHomeless to 898-211 to get information and help for emergency shelter options in Maryland. (this is run by a non-profit coalition of several different agencies). Or call 2-1-1 (the call is free, they take calls 24/7 and... View More
I am the beneficiary of a trust that was created in my fathers will when he died (Maryland 2014). The trust
leaves me as the sole beneficiary of a farm property. The will also says that my mother (still living) should have the right to live there as long as she likes. She currently... View More
answered on Jun 16, 2018
As another attorney noted, legal analysis of a particular Will/Trust really requires a look at the Trust language itself. Lifetime rights usually mean just that, but in some cases a will/trust might impose conditions or restrictions on the exercise of such rights.
Attorneys unfortunately... View More
I am trying to avoid forclosure. The house is now on the market and there has not been any interest. I do not want to be a landlord living in another state. But, I definitely do not want to property for forclose. What are other options in the State of Maryland.
answered on May 14, 2018
A house only goes into foreclosure if the mortgage isn't paid. As long as the owner pays the mortgage, foreclosure should not be a concern, regardless of where the owner lives.
Practically, though, if an owner doesn't have enough money to pay the mortgage if they move elsewhere,... View More
The beneficiary and her two sons were named in the will. The will was written in 1988 the maker of the will died in 2009, and the will was probated in 2018 thirty years later and none of the heirs have been notified. The beneficiary has no living siblings just children and nieces and nephews
answered on May 9, 2018
Generally, the law "freezes" the scene at the time the Testator (maker of the Will) dies. Depending on how a Will was written, it might require a beneficiary to survive the Testator by a certain amount of time to inherit (for example, 30 days). But typically an estate would need to be... View More
answered on May 3, 2018
Generally an estate must be opened for the person who died. The Personal Representative is the person appointed by the court with power to deal with any estate issues, including collecting any payment due to the person who died. The Personal Representative must also disburse in proper order... View More
transfer, mortgage,exchange or otherwise dispose of all of any part of my estate" or will these be a part of the estate to be distributed among the heirs?
answered on Apr 20, 2018
No.
That kind of standard language simply means the PR can take assets the decedent owned and sell them if appropriate in exchange for other assets. For example, if a decedent owned 1,000 shares in XYZ Corp., the PR could sell those stocks and reinvest them in ABC Corp owned by the... View More
The will was set up for my mom that had some challenges she passed this week the will reads canceled apon death An goes to her surviving children which is me I’m only child now what how’s process through bbt bank North Carolina an I’m in westminster md they closed trust dept in bank here... View More
answered on Apr 19, 2018
It is unclear why a Will would read "cancelled upon death." If all of the assets were owned by a Trust, then the Trust terms will dictate how long it takes to disburse the assets. Some trusts are written to disburse over a long period of time while others disburse immediately after the... View More
What are some LLC to LLC Real estate Recordation and Transfer Tax loopholes / exemptions in the state of Maryland?
answered on Apr 16, 2018
Generally, there is no "LLC to LLC" exemption.
However, Maryland law enumerates about 26 or so different situations exempt from transfer/recordation tax, some of which may potentially apply when an LLC is involved. Each one is heavily fact dependent. You can find these in the... View More
Deed is solely in GM’s name, GF (deceased father of C) is not listed on deed. If A passes before Deed Transfer or Change of Title with GM’s property, and B is still living; do A’s children have any legal rights to GM’s Estate if designated as A’s beneficiaries?
answered on Apr 16, 2018
Any estate attorney helping with the estate should be able to sift through the deed(s) and beneficiaries to figure out who inherits in any given estate.
If someone dies domiciled in Maryland without a will, their property goes under the laws of intestate succession. If the person who... View More
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