This is very similar to another recent question asking the same scenario with a wife dying with children on the deed. There are multiple ways children could be "listed" on a deed and without looking at the deed an attorney cannot say how the title would pass. For instance, the children... View More

The post asks several related questions. First, there are multiple ways children could be "listed on the deed," and without looking at the deed an attorney cannot say how the title would pass. It may revert to the other owners by survivorship or perhaps a portion would belong in the... View More

The general statute of limitations for most actions in Maryland is three years. This means that generally suit must be filed within three years of the accident.

Anytime someone receives a subpoena to appear as a witness it is a court order and must be obeyed. Violating a court order can result in penalties, including a charge of contempt and/or jail time.

More directly to a specific case a witness may ask the attorney who is calling as a... View More

Some leases have renewal terms. If the lease has not renewed, many leases have an escalation clause saying that rent increases if a "hold over tenant" without a new lease. If the lease has not renewed and has no provision for higher rent, then the tenant typically becomes a... View More

Workers may be independent contractors or employees. While the parties' label on the relationship has some bearing, it is not the sole factor and anyone labeled as an independent contractor may wish to evaluate if that classification is accurate.

In a true independent contractor... View More

It isn't clear who the "she" who said "no" is in the question. Nor is it clear what interest is in the grandparent's estate.

Grandchildren do not automatically inherit unless they are named in the deceased grandparent's will (or sometimes if there is no... View More

Medical records are private and protected by privacy laws but a patient can grant someone else written authority to get their medical records.

Paying someone else's tax bill does not give any ownership rights in their property. A tax sale purchaser has rights to foreclose based on statute and paying them off simply keeps the property in the record owner's name.

When a property is titled in a deceased person's... View More

Anyone can deed property they own to whomever they wish. Ordinarily deeding a property incurs transfer and recordation tax in Maryland but transfers to/from children are statutorily exempt from state transfer taxes. Most counties in Maryland will also exempt such a transfer from county transfer... View More

The post only mentions the mortgage and not the deed. The deed controls who owns the property. If the deed is held tenants by entirety but the mortgage is only in one spouse's name then the surviving spouse would own the property but subject to the mortgage (meaning the mortgage would still... View More

Each attorney sets their own fees. Generally attorney fees will require court approval unless all of the heirs / interested persons consent. For example, my firm routinely handles estates for an agreed upon portion of statutory commissions, often well under the statutory maximum. On a... View More

That will depend on the terms of the particular trust instrument. If someone is asking to name you as Trustee you may wish to ask what the trust requires of the Trustees.

There are several different ways to include someone on a deed. Some of these ways are smart, with little risk to the original owner while others can create issues and unintended negative effects.

One of the least risky and most cost effective deeds is an enhanced life estate deed. Most... View More

No.

Certain felonies will prevent a person from serving as personal representative. If a spouse cannot serve as Personal Representative another interested person may step in and file the petition.

It is unclear if the question asks about a Maryland or Pennsylvania estate. Generally the estate will be where the person was domiciled.

Small estates are less complicated and it may be possible for someone to handle a small estate without attorney representation.

Yes.

Setting aside the bankruptcy issue, a judgment in Maryland is good for 12 years but can be renewed for additional 12 year terms. As far as the bankruptcy goes, whatever attorney handled the bankruptcy should be able to explain which debts have been discharged.

Monies in escrow should have absolutely no bearing on an attorney's tax liability. A retainer should be held in a lawyer's escrow account and not be withdrawn until earned. Once money is earned, it becomes income subject to tax. Any unearned portion should be refunded when the... View More