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Questions Answered by Cedulie Renee Laumann
1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Dad died his only son incarcerated loan co. petitioned I am son's POA what should I do?

The son is my children's father and we are engaged to be married. His family is not helping at all so he gave me POA because he is incarcerated until April. The attorney for loan company filed for small estate petition judicial probate and hearing is 1/18. Attorney wants to be the... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 28, 2017

Regardless of who administers the estate (whether a relative or other appointed Personal Representative), the Personal Representative must disburse assets as per the law. This means that after paying expenses and any claims, anything left in the estate must go to the people named in the Will (or... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Is it legal for security dep $ to pay for charges for carpet cleaning upon moving out; no lease or oral agreement made?

No excessive wear and the entire apartment was cleaned, toilets, sinks, and tubs scrubbed, floors swept, mopped, and vacuumed. When I moved in, the carpets weren't cleaned, and the place was filthy. Also, no repairs were made to walls or anything.

I received a check for $200 less of... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 27, 2017

I'll address the easy question first -- under Maryland law, a security deposit held more than 6 months MUST earn interest. So a Landlord must calculate interest (whether or not the bank actually paid any interest) based on certain statutory amounts.

The harder question is whether in...
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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Hello, I have a neighbor that hasn't lived in her home turnover 10 years, it is falling apart and houses poisonous snake

And animals, I have been mowing the lawn for 3 years any way to take ownership of the home or have it deemed condemned or abandoned?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 11, 2017

If a home is "falling apart" and housing animals or conditions hazardous to health, a neighbor can contact the local health department and ask them to investigate code violations. A private citizen does not have the power to condemn a property but they can file a complaint with the... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Do I have to pay transfer tax in Maryland if I am transferring deed to beneficiaries of house from deceased parent.

We have a will. Baltimore county is saying we need to close the estate but won’t let us until we transfer deed to house to me and my brother. I am personal representative. We are trying to find out what the cost of this would be as the house is currently on market. Real estate agent is saying... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 9, 2017

While true that Maryland counties impose transfer and recordation taxes on virtually all deeds, a transfer out of an estate to relatives is typically exempt from such taxes so long as necessary affidavits are filed with the deed. My firm routinely prepares Personal Representative deeds out of... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: My dad can't write but he can sign his name. I bought him a Will. Can I fill it out in my hand writing so he can sign?

I bought the Will from an office supply store. He wants to leave me his house. His bad arm and hand prevents him from writing. We are not good with computers and no money for a lawyer.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 9, 2017

A Will is a legal document that should only be prepared by either the Testator themselves or by their attorney. The law does not require that the Testator physically write out their own Will but it could raise other issues if a family member prepares a Will leaving property to themselves.... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: If a 76 year old has a power of attorney of her 100 year old mother who is incapacitated and she gives her power of

Attorney to her niece does she still have POA of her mother

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 4, 2017

Any competent person can name an Agent in a power of attorney. If I understand the post correctly, it asks whether an Agent making their own power of attorney invalidates the authority they have under someone else's power of attorney? If so, the two are unrelated. Most of the time a... View More

2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Probate for Maryland on
Q: need to write a brief to keep my house I am daughter of father am in his will - what authorities ? I am appealing errors

erroneously lawyer who is wrong and wants our money has rep -this I against fathers will I am appealing what authorities citations do I use in my appeal breif?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 4, 2017

Even trial lawyers who want to appeal often hire appellate lawyers to write necessary briefs.

Pro se litigants who wish to do legal research themselves will likely face a very steep learning curve and lots of highly technical rules but anyone can research relevant law - you could go to...
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1 Answer | Asked in Family Law and Probate for Maryland on
Q: My grandmother is receiving a settlement for the death of my father she wanted the money to go to me but she just died

Suddenly and her husband who is not my grandfather or the father of my father is trying to keep the money for himself how do I go about getting the money passed on to me like my grandmother wanted

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Generally the title to an asset controls whether it belongs to the deceased person's estate or not.

You are strongly encouraged to consult with a lawyer who can look at the settlement papers and help determine whether the property belongs to the estate of the payee (your grandmother)...
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1 Answer | Asked in Family Law, Landlord - Tenant and Probate for Maryland on
Q: My grandmother passed. She owned a duplex. One side refuses to pay any taxes. I'm paying it all to live. Can I evict?

Each half of duplex has family. Her daughter is refusing to pay the taxes. I pay them every year. She is so hard to live next to. If shes not paying her part...how can I get her out? She threatens me daily about paying it all or I lose the house too...what can I do?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Only the estate of the decedent would have the right to take such action. If no one has opened an estate, it would be wise to do so.

1 Answer | Asked in Divorce and Probate for Maryland on
Q: Is there any possible way for a child over 18 to inherit or recover holdings from an estate when there is no will or

Or last testament and all holdings are marital however equally obtained through out the garage both names on residential and commercial property surviving spouse is not biological father find a way according to Maryland law you and I could recover a nice return obtained through out the marage

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

In answer to the first part of the question, yes, an adult child may inherit from a parent who died without a will under the laws of intestate succession.

To answer the second part of the question, in most cases it is only possible to inherit property in the deceased person's...
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1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: can I be terminated for refusing to work more than 8 hours due to intimidation

the super I went to work for could not keep good help and always blamed his short comings on his workers he tried to intimidate me by telling me I had to work ten hours a day on his job not ask you to work mind you as he was behind schedule I have seen him personally run of 4 people since I... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Generally an employer can set hours and can terminate an employee who does not work the scheduled hours. That being said, certain youthful employees may have restrictions on the maximum number of hours worked and under the Fair Labor Standards Act, most employers must pay overtime when an employee... View More

1 Answer | Asked in Contracts for Maryland on
Q: When you sue somebody for $50,000 in a lawsuit and win the case! How are you guaranteed to get your money back??

My self and a friend of mine together invested $50000 in another friend of mines project!! He is a writer and producer of television shows! He wrote a show that he intended to sell to a buyer within 1 year. we have a a guaranteed money back contract if the Show did not sell in a year, we would get... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Most skilled lawyers will not "guarantee" a win as lawsuits involve a lot of variables. However, if judgment is secured, then there are a variety of tools attorneys can use to collect on the judgment. These may include such things as wage garnishments, asset seizure and the like. None... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Can a car be repoed at college if it's considered private property?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

If someone borrowed money for a car and put up the car as collateral then the lender may have rights to repossess the car, wherever located, and it is unlikely that keeping a vehicle at a college campus will keep it out of the grasp of repossession. The limits of what a repossessor can do without... View More

1 Answer | Asked in Consumer Law for Maryland on
Q: My nephew was borrowing my car, and sold it to a third party to make some money without getting my permission first.

What can I do to get my car back from the third party? I don't want to get my nephew involved.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

A district court action can seek the return of property such as an automobile, valued up to $30,000.

You are strongly encouraged to consult with a lawyer before filing suit. In some locations the district courts offer a pro se help clinic to assist parties who do not have a lawyer.

1 Answer | Asked in Probate for Maryland on
Q: I'm the personal representative of my mother's estate in the state of Maryland. I'm also her only child.

Does the inheritance tax exemption, Code 7- 203 apply to me.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Yes, children are exempt from Maryland inheritance tax.

Under the relevant statute, "The inheritance tax does not apply to to... property that passes from a decedent to or for the use of:... (iv) a child of the decedent." E&T, 7-203

Note that other types of death...
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1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Maryland on
Q: My friend is 15 years old. She is pregnant. Her dad abuses her.she wants to runaway.can she live with the father ?

Can she live with the father of her baby and his parents ?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Thank you for trying to find answers for someone in crisis.

Generally, child protective services has authority to get involved with any situation involving ongoing abuse of a minor. Options may include temporary custody to another family, some type of foster care arrangement or perhaps an...
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1 Answer | Asked in Bankruptcy, Civil Litigation and Contracts for Maryland on
Q: I have an active court case from a creditor for an old debt. I am destitute and cannot pay it. What should I do?

Is it worth going bankrupt with my credit score still being decent? If they are granted the judgement, and I cannot pay, then what? I have no substantial assets other than a small IRA. My total cash is just a couple thousand and I own my car. I am self-employed and make little enough that I qualify... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Maryland law offers exemptions from collection so that a modest amount of property can be exempt from a judgment creditor's reach. Note, however, that the exemption is not automatic and must be timely made/requested by the judgment debtor.

Someone facing collection has several options....
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1 Answer | Asked in Contracts and Small Claims for Maryland on
Q: I am helping someone with their car payment but I don't think the money is going towards the car. Can I ask for proof?

She claims she is going to get her degree, make more money and pay it herself. But she won't say how much the note actually is, what bank it's going to, how much school is left, and when I wanted the account information so I could make the payment instead of dropping off the money, she... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

Although not strictly a legal answer, a "gut" reaction to question might urge strong caution before loaning money.

Without question someone can demand proof before lending money. Moreover, if someone claims to need money to pay a specific bill it would be reasonable to make the...
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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Maryland on
Q: I am in Maryland,My corporation is a Nevada Corporation My finance person is in connecticut We made a verbal or parole

agreement between a us corp CT and A Guinea corp

the guinea corp was not formed at the time of agreement,we the set it to writing the guineacorp was then created when we flew to guinea(they only set up in person) is the written agreement Valid? void? or voidable? or just fine

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 21, 2017

An attorney cannot reasonably answer a question on the validity of a multi-jurisdiction contract without seeing the contract and understanding where the contract is to be performed and where the dispute has arisen.

You are strongly encouraged to consult legal counsel, ideally one skilled...
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