First, businesses should be very sure that any independent contractors are truly independent. This is an area where the IRS seeks verification that the independent contractors are not mis-classified employees. If they are correctly classified, then they would receive a 1099 at the end of the tax... View More

Generally, yes.

A well-written Will should contain not only survivorship provisions but also explain who inherits if a beneficiary does not survive. This may mean that the beneficiary's estate gets everything the beneficiary would get, or that it goes to someone else if a named beneficiary does not survive,... View More

No. At-will employment can be terminated at will by either employer or employee.

Clients have the absolute right to retain counsel of their choosing.

Sometimes a good lawyer will not be able to respond to contact right away but if repeated attempts to contact or discuss a case are not met with success a client might seek new counsel they are more comfortable with.... View More

Adultery at last check remains a crime in Maryland, although a misdemeanor. It is rarely prosecuted in today's society.

Many parents with a special needs child will create a special needs trust to ensure that funds are available without jeopardizing health care or other benefits. Some will set up life insurance to provide funds but care must be taken when a child requires governmental benefits to avoid... View More

If the person who died owed money, it will be an estate debt whether secured or unsecured. A secured creditors has rights that extend to the collateral regardless of whether they file a claim in the estate.

A homeowner is not required to abide by the same rules they require of a tenant under a tenant's lease.

A landlord must file for eviction and cannot just help themselves to a tenant's property (commercial leases have different rules).

If the living situation is difficult... View More

No. Maryland law requires the consent of the other person to record a phone conversation. Sometimes consent may be implied if someone keeps talking after an announcement "this call will be recorded."

For more information you may wish to read up on Maryland's wiretapping laws.

A well-drafted will should name a back-up if the first named Personal Representative cannot carry out their duties. If the will identifies no back up an interested person can petition the court to fill the vacant role.

An oral examination (in aid of execution) is a time of questioning under oath, typically about assets to aid in the collection of a judgment. Judgments are good for 12 years in the state of Maryland and can be renewed for additional terms.

Generally the contents of a will are private and need not be disclosed until after someone dies.

Nothing in the law prohibits attorneys from representing a family member. Unless the attorney and the relative they represented had competing / different interests in the outcome of the case, it is unlikely to be a problem.

You may wish to review the Rules of Professional Conduct for... View More

The time frame for answering is set forth in the Maryland Rules of Civil Procedure. Generally a party in-state has 30 days to answer a Complaint after service. Generally a party does not respond to an Answer (which is itself a response).

You may wish to seek legal counsel to get more... View More

Inherited property generally gets a stepped-up basis. If someone already owns part of property they cannot "inherit" the whole thing, hence a "half step" in basis.

For more specific answers you may wish to run your situation by an accountant and/or attorney.

The estate assets must be split in accordance with the Will, or if there is no Will, in accordance with the laws of intestate succession. Since the disbursal must be in accordance with the will/law, one heir cannot take all the funds to the exclusion of other persons entitled to the estate. To... View More

The employer should pay a departing employee for earned hours by the next regularly scheduled paydate. If the question is asking about accruing pay after termination, unless there is a contract an employer does not need to pay beyond hours earned at time of departure.

You may wish to... View More

A spouse is usually entitled to demand at least 1/3 of the deceased spouse's probate estate. The probate estate is made up of whatever assets a person dies owning titled in their own name. If a person dies without a will and leaves both a spouse and adult children then the probate estate... View More

Generally a PR is entitled to commission for his/her work based on a statutory formula related to the size of an estate. A PR does not typically have the right to additional compensation. You may wish to consult with an estate lawyer for more specific answers to your question.