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answered on Jan 5, 2018
No.
People are generally free to forward mail anywhere they choose. However, where someone is required to report their actual residence / address, they must report their actual address (e.g., if someone is a registered offender).
So no big deal with that the issue is that this last month due to the cold weather and all that I’m noticing the issues in the home I cannot turn on the heater without it going out of the cracks in the home , it’s not warming up without eating the electricity 400 electricity bill ( just me and... View More 
answered on Jan 5, 2018
You may wish to explore the option of Rent Escrow which may be available where dangerous conditions affect the life or safety of occupants in a rental unit.
All landlord/tenant matters are handled in the District Court level of Maryland courts and the District Court has brochures and... View More
answered on Jan 5, 2018
This is a good question to ask a lawyer when sitting down to talk about forming a new business. Generally the purpose should describe what kind of things the entity will do (e.g., operate a restaurant, sell cars, provide landscaping services, etc.) but also have provision to do other permissible... View More
She has no will and no property. My name is on her death certificate and I paid for a portion of the funeral myself. How do I go about withdrawing the funds?
answered on Jan 5, 2018
An estate must be opened to get any money or other asset in the decedent's name. Anything under $50,000 should qualify as a "small estate" under Maryland law. An interested person / heir can file a Petition with the Register of Wills to open / administer the small estate.... View More
My father passed. My eldest brother was made personal representative. The is a property that was cash flow positive (rental) and through unilateral decisions made by the per rep and agent has not produced any money and created additional liabilities. My siblings and I are all owners of the property... View More
answered on Jan 5, 2018
You may wish to seek legal assistance from an attorney who regularly handles estate litigation. A Personal Representative generally has discretion to make decisions about estate property but if they breach their fiduciary duties an interested person might file a petition in the Register of Wills /... View More
Mother in law wants to sell us a home, the cost of the home would be $50K, she has owned the home for 27 years and has used the home as a rental for about 20 years. She owes $21K on the mortgage, if we get a mortgage against the home for $50K, would she have to pay taxes on the $29K she will get... View More
answered on Jan 5, 2018
Several different kinds of taxes come into play when someone sells real estate in Maryland.
First, transfer and recordation taxes are imposed based on the value of the "consideration" or money changing hands. (In cases without related parties this may be imposed on the value... View More
My mother and 3 children were born. My dad and his ex wife transferred the deed to my dad and my mom. The deed indicates that she was paid $10,000 back in 1978 and the new deed is in my dad and mom’s name. My dad passed away in 2002 without a will. His estate was settled in 2003. My mom lived... View More
answered on Jan 3, 2018
There are several ways people can own property jointly in this state and an attorney cannot answer the question of who might have an interest in the property without knowing which way the deed was titled. If a married couple owns as tenants by the entirety by operation of law the surviving spouse... View More
For example, if I am involved in an auto accident can the other party attach my house or above retirement assets?
Is there a definitive answer or is this a gray area in Md law? Depending on the answer is there still a role for an umbrella policy to play in the picture? Thank you.
Jim
answered on Jan 2, 2018
Maryland law does not protect a house from claims of the owner's creditors. Generally speaking a house and most other assets are "up for grabs" by a judgment creditor. The law offers a very limited exemption of about $6,000 from collection but such exemption is not automatic. If... View More
I was his power general POA until my father's death. My dad has money in money in his bank. I have a younger brother. How can my brother and I gain access to this money? Also, if we are able to access the money, will we be held accountable for any of his outstanding bills.
As POA, I... View More
answered on Jan 2, 2018
A Power of Attorney (POA) automatically terminates upon the Principal's death and the Agent has no authority over any assets at that point. Instead, an estate must be opened and the appointed Personal Representative will have authority to deal with any assets titled in the deceased... View More
His lease does not specify that he will repair damages or appliances going up not caused by me, it also doesn't mention that my deposit is going to be put in an escrow account. I know that is the law in Maryland but I would like it in writing. He assures that we will go over everything but I... View More
answered on Jan 2, 2018
An online post cannot realistically gauge the trustworthiness of a potential landlord. However, concerns would be wise to address before starting a landlord/tenant relationship.
Maryland law requires that the landlord give a receipt for the security deposit, hold security deposits in a... View More
Seeking a lawyer who does claims from a deceased friend account..who borrowed from me before passing.
How do i handle this nightmare.?
I am in md.
answered on Jan 2, 2018
The law sets strict time frames for asserting a claim against a deceased person. Creditors may file a claim in the Estate of a decedent although this is generally limited to the first 6 months after death. The Register of Wills has claim forms available for filing with a modest filing fee per... View More
Our entire Board would like to vote by email. If that's not binding, we'd like to vote using an online method. All of this is to avoid complications in scheduling a meeting or single vote.
answered on Jan 2, 2018
The bylaws of a non-stock corporation should set the protocol for voting matters. A corporation (including a non-stock one) may elect to have meetings by means other than in-person meetings, for instance by real-time online conference. Generally speaking, all board members / trustees should have... View More
anything (she stated that her and her husband make plenty of money, so she was going to make this as difficult as possible on the rest of us). She truly has mental problems and has been seeing a psychiatrist for years. She refuses to to anything, including giving the attorney PR. What recourse... View More
answered on Jan 2, 2018
The question is posted in Maryland but mentions a Pennsylvania location. I'll presume that the estate is in Maryland.
In this state, the law lists people with priority to serve as Personal Representative. If there is no Will, close relatives (spouse, then children, etc.) have... View More
In 2012 my parents added me to their deed. I am the oldest of their 4 children. I was added as joint tenant with the right to survivorship. My Mom died in September of that year leaving my father and I as joint tenants. On February of 2017 my Dad gave my sister his portion of the undivided interest... View More
answered on Jan 2, 2018
Yes, one co-owner can unilaterally transfer their interest in the property to someone else not on the deed, although such an act severs any joint tenancy (meaning that the survivorship provisions no longer apply).
Generally people can give property away to whomever they wish, regardless of... View More
My father’s will names both of us as PRs. I, unknowingly, signed a document that waived my rights as PR. My sister said it was needed, along with some other documents, to open the estate with the Register of Wills at Orpans Court. She emphasized that I did not need to go with her to the court to... View More
answered on Dec 29, 2017
Only a Personal Representative (PR) can claim/earn commission. Maryland law gives a right to commission by statute as compensation for the PR's role. Other family members who assist do not have a right to the statutory commission.
However, a PR who is also a beneficiary / heir may... View More
My mother owes a company 7,000 they filed a lawsuit and won. Now they take 25%of her check and are draining her bank account empty so its overdrawn and she cant pay other bills is that allowed?
answered on Dec 29, 2017
Your mother would benefit from some legal advice. Generally it is difficult to recapture funds once they are taken. A judgment creditor has various enforcement rights and they include the right to seize assets belonging to the person who owes the judgment. These include the right to get a... View More
I'm thinking of filing a defamation suit
answered on Dec 29, 2017
The question is unclear. No "privilege" attaches to a statement simply because it is made under oath. Many statements, including statements made for loan applications, for insurance applications, etc. will be made under oath.
If, however, the question wonders whether... View More
answered on Dec 29, 2017
It depends on the nature of the business and what type of "business taxes."
A sole proprietor who files on a Schedule C and has no employees may elect to use their own social security number for their estimated tax payments, but most small businesses would benefit from forming an... View More
The employee expects me to use my computer and cell phone, travel using my vehicle.
answered on Dec 29, 2017
The question is extremely broad as an online post cannot realistically outline every legal responsibility, much will depend on the particular field/industry.
Generally speaking, thought, an Independent Contractor assumes responsibility for all his/her own work and does not have an... View More
Dance Studio with contracts signed by every register family with detailed outlined fee schedules and associated late fees if not paid within 10 days of the actual due date.
answered on Dec 29, 2017
You may wish to look at the Commercial Law article, title 14, and in particular statute Md. Ann Code, Commercial Law § 14-1315.
For consumer contracts, late fees may be capped at a certain % (e.g., 1.5% of the amount past due) and/or limited to the number of times imposed (e.g., $5 or 10%... View More
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