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I work for a small police department in Dorchester County MD.
answered on Sep 28, 2017
The Family Medical Leave Act ("FMLA") gives "eligible employees" of "covered employers" the right to take unpaid leave of up to 12 weeks for the birth of a child. Not every employee is covered under this law. You may wish to talk with your HR department and/or an... View More
My mother passed away last week. There is a bank account with about $150,000 that is in my mothers name and my name. Can I write checks to my 2 siblings for 1/3 of that amount and will they/we have to pay any tax?
answered on Sep 28, 2017
Generally speaking, how a bank account will be disbursed will depend on how the account was titled. If, for instance, an account is titled as tenants in common, then a portion (typically 1/2) will need to go through an estate while the remaining portion would not. On the other hand, bank accounts... View More
answered on Sep 28, 2017
Hi. Handling a deceased person's property all depends on how they were listed on title. Depending on how the deed is titled, sometimes this requires opening an estate, sometimes the people remaining on title have immediate sole ownership, allowing them to sell or otherwise deal with the... View More
answered on Sep 28, 2017
Suicide is often a recognized criminal offense. "Illegal" means something is against the law and the likelihood of prosecution does not generally change the nature of the action.
I would like to mortgage 80% of the home value.
answered on Sep 28, 2017
If the question is "can an individual make a loan to a business they own," the answer is "generally, yes." The individual would of course need to report any interest income received. If the question is "can a business make a loan to an individual who owns the... View More
answered on Sep 28, 2017
A business owner in Maryland generally has the option of either purchasing Workers Comp for themselves or waiving it. Naturally the business must provide workers comp for all its employees. Typically the LLC members are not true "employees." Any workers compensation carrier should... View More
I would like to keep my family name but I would remove the "services" off of the company name
answered on Sep 28, 2017
Generally any available name can be registered so long as it is not "misleadingly similar" to an existing name.
The $1,950 was for July 2017 an additional $1,650 will also be due and payable for August 2017. What recourse other than a Civil lawsuit do I have.
answered on Sep 28, 2017
Employees not paid wages generally have two options: file a complaint with the Dept of Labor and let the government investigate or file suit. Maryland law specifically allows an employee to recover up to 3x the amount of unpaid wages plus their legal fees if they win a case against the employer... View More
He would like for them to buy him out or be forced to sell it. We would like to know what should he do?
answered on Sep 25, 2017
It is possible to start litigation (i.e., file a lawsuit) to force a sale of jointly owned property. This type of litigation is called a sale in lieu of partition action. However, litigation entails not only attorney fees and court costs but also the fees of the trustee who would be appointed to... View More
the contract content includes " Settlement is 45 days from the sale date. The Purchaser will pay interest on the unpaid portion of the purchase price from date of sale to date of settlement at the rate of 10% per annum. " I have signed it, but I find that it is not reasonable for buyers... View More
answered on Sep 25, 2017
The law generally allows people to agree to whatever terms they chose, whether "reasonable" or not. Maryland has usury laws which prevent excessively high rates of interest. The presumptive "legal rate" of interest in Maryland is 6% but there are numerous exceptions to this... View More
The property was originally deeded to a great, great grandfather back in 1908. It has never been transferred to another family member. Is the property considered as aired property and if so, how do I transfer the deed to my name. There are numerous surviving family members involved.
answered on Sep 18, 2017
Generally speaking an estate must be opened in the deceased person's name to transfer property out of the estate. To clear up title that has been in the name of a deceased person for >100 years one will almost certainly need to file an action to quiet title. All of the interested persons... View More
i have 2 judgments against the seller. In the same
MD county as the house being sold. MD also
has a later judgement for taxes against the seller.
If there is enough equity after the Mortgages are
paid, will my judgments get paid before the
MD one, and... View More
answered on Sep 18, 2017
To have clear and marketable title a Seller must make good on all perfected liens before selling. In some cases (rare) a buyer might take title "subject to" existing liens. However, the Settlement / title company should reach out and ask for a pay-off. It is not their job to calculate... View More
answered on Sep 18, 2017
Generally speaking interest is a function of market rates so long as it does not violate usury laws. There are caps on the amount of interest a private party can charge. The IRS publishes minimum long-term interest rates (loans at lower rates may be classified differently) which at last check were... View More
When she was diagnosed with Alzheimers a lawyer advised us to change her house to the children's names even though she had a mortgage so that if she was put in a nursing home they could not take it. She has since passed and the home was foreclosed on. The sale of the home did not cover all... View More
answered on Sep 18, 2017
Generally speaking only the borrower(s) who signed is/are personally responsible for debt, although obviously the lienholder / mortgage company has rights to take back the property if the loan isn't paid. At times, however, relatives "assume" a mortgage, in which case they step in... View More
answered on Sep 18, 2017
The Operating Agreement should describe how the owners ("partners") vote on decisions in a particular LLC and also explain what % vote is necessary to pass a resolution. If an LLC does not have an operating agreement it would be wise to create one. Maryland does have some default... View More
as one of the grandkids what can i do if i want to pay off debt? more importantly would the city leave the house in my grandfathers name even knowing hes deceased. i dont want to put so much money into the property and it not be mine or for my uncle to than make an issue or try to claim it
answered on Sep 18, 2017
The city (or county) does not change title, so unless the family opened up an estate the title would remain in the deceased person's name.
Anybody can redeem the property before the tax sale foreclosure case awards judgment to the tax sale purchaser. As you point out, however,... View More
marina in Balto., County, Md. asap? I want to see all law such has to live by. Thanks!!
answered on Sep 18, 2017
There are 3 places to look. First, every condominium files a "declaration" in the Land Records with rules governing the use and operation of the condos. While not "law," these rules legally bind the owners. Second, the Maryland Annotated Code, Real Property article, has... View More
my name was on a real estate deed beginning nov 9 2016. after being threatened and physically violated becuase i refused to file a quit claim form it has now been brought to my attention by a md state employee and again by an insurance company that my name is not listed on the deed or tax bill.... View More
answered on Sep 18, 2017
An attorney would need to look at the deeds to answer your question. Being listed on the tax bill may or may not have anything to do with being on the deed. Oftentimes in Maryland the first name (or possibly two) will be listed on the tax bill. To figure out if a deed was filed you may want to... View More
I read on the Internet that you do not have to claim the money if you live in the house for at least two years and that you don't have to pay capital gains taxes on as much as $250,000 for a single sale or up to $500,000 for a couple as long as the home was your primary residence and you lived... View More
answered on Sep 18, 2017
Your question asks about capital gains. Generally speaking, under IRS rules, if you live in a home as your principal residence for 2 of the 5 years before you sold it, the first $250,000 of gain may be excluded from income. The IRS' website has a detailed publication on the topic of capital... View More
Where would I have to go to find out the above information ?
answered on Sep 18, 2017
"Good standing" means that the corporate entity has filed its annual personal property returns each year. The annual $300 filing fee is waived for non-stock corporations but the entity still must file its returns. The State Department of Assessments and Taxation can give you the... View More
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