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Questions Answered by Cedulie Renee Laumann
1 Answer | Asked in Business Formation for Maryland on
Q: Is there anyway to reinstate a corporation in GA after the 5 year mark ....my 5 yr mark has pass by 8 months
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 4, 2014

This question was posted in Maryland. If your corporation exists in this state (MD), then reinstatement is a matter of paying back personal property returns and filing Articles. If in another state, you may wish to contact the Secretary of State or equivalent state corporation division.

1 Answer | Asked in Business Law for Maryland on
Q: I need to file an amendment and restatement of charter for a MD corporation

What is this the correct title for the document?

1. "Articles of Amendment and Restatement of Articles of Incorporation of [corporation name]"

2. or simply "Articles of Amendment and Restatement of [corporation name]"?

3. Technically this is the 2nd time... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 4, 2014

Either title would probably be accepted by the SDAT but the first is more accurate.

Yes, if a second amendment / restatement the word Second should be included.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How often can a landlord raise the rent?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 4, 2014

Generally at the end of any negotiated term (e.g., if a 1 year lease, every year; if a 1 month lease every month). Proper notice must of course be given and retroactive increases would be problematic. Infrequently a lease might be governed by rent control laws that limit increases but ordinarily... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a lanldord in the State of Maryland ask a tenant questions relating to his property without it being considered

Harassment. I understand that in a civil suit that the term harassment is

very hard to prove in court and that you must have clear and concise evidence

that the landlord is harrassing?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 4, 2014

The question is not clear. A landlord can generally ask any kind of reasonable question related to his/her own property. The post does not give enough information to know where the harassment concern comes into play. Note that a tenant does have the right to quiet enjoyment of the property so... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am a tenant in a commercial building the landlord won't split the electric meter. the bldg. is 13000 sq ft I use 3k
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 4, 2014

Commercial leases are generally left up to the parties' own negotiation. Utilities should definitely be a topic addressed by the lease. What does the lease say? Did you agree to a certain formula for determining electric usage? If the lease requires the LL to get separate meters then a... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How do i get a bogus lien off of my present house from a former landlord?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 4, 2014

If the lien is from a judgment, the only ways to remove short of discharging in bankruptcy involve either paying off the judgment or getting the court to invalidate it.

The last option is rarely available and it is extremely difficult to toss an enrolled judgment. In special circumstances...
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1 Answer | Asked in Probate for Maryland on
Q: In a small estate, if there is more debt than assets when going through probate, how can lawyer be paid?

Can the lawyer be paid from up to $5000 towards funeral expenses before debts begin to be paid?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 4, 2014

Maryland law has a specific order for paying estate bills when there is not enough money to pay everyone. Generally the probate fees taxes get paid first and attorneys / personal representatives get paid ahead of some other debts. However, it is good to review the statute in detail and/or... View More

1 Answer | Asked in Probate for Maryland on
Q: What is real property?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 4, 2014

Real estate (land / homes attached to the land). Contrast this with Personal Property which is basically stuff that can be moved.

1 Answer | Asked in Real Estate Law for Maryland on
Q: My mother has a house in my name..i want to get the house out of my name. What can i do?

She also has all the paperwork.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 4, 2014

Property is transferred by means of a deed. So long as there is no mortgage, the current owner(s) can simply deed the property to others. Of course liens will need to be taken care of first. If there is a mortgage, it gets more complicated as a transfer will usually trigger the "due on... View More

1 Answer | Asked in Employment Law for Maryland on
Q: Can a job description change be made retroactive?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2014

Context is critical. An employer has wide latitude in creating or revising its own job descriptions and the law does not usually restrict the right to do so but from your post the context is unclear.

1 Answer | Asked in Employment Law for Maryland on
Q: What is definition of full time employment in Md?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2014

For what purpose? For calculating overtime, 40 hours / week. For other purposes this might vary.

1 Answer | Asked in Employment Law for Maryland on
Q: If my employer did not pay me at the time I was laid off, what can I do?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2014

Under Maryland law an employer is required to pay any earned pay upon termination. This means on payday an employer can't withhold already earned wages just because an employee was let go. If the regularly scheduled pay period has passed and the employer refuses to tender earned wages, the... View More

1 Answer | Asked in Employment Law for Maryland on
Q: Found my husband's pay $5k shorter than what his salary review says he makes. How do I fix this and do I need a lawyer?

I noticed it while looking at his W2 for this year's taxes. Went back two years and he was shorted in 2011 and 2012. He has not taken LWOP, but based on the amount, it would reflect approximately 24 days of unpaid leave in 2012. What do I do? Can he ask the company for an audit or should I... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2014

Generally it makes sense to first see if short pay is the result of an accounting error. Maryland law requires that employers pay employees earned compensation. If an employer won't pay the agreed upon salary then an employee can file suit for unpaid wages. Note that the law contains... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: If someone falsify a signature on the will what are the consequences?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2014

It is not clear whether your post refers to a witness' signature or the person allegedly making a will. If a document is presented as a will when it is not (either due to forgery or other reasons), the heirs have a right to challenge the false "will" by a caveat.... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: As a personal rep handling an estate, how do I force people living in the house which is part of the estate to vacate?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2014

Generally by filing in District Court to evict. An exception would be if the will grants the people living there the right to stay or if they are bona fide tenants, in which case the estate would collect the rent and act as landlord until the lease terminated.

1 Answer | Asked in Real Estate Law for Maryland on
Q: My husband and his brother are co owners of an inherited house. My husband wants to sell his share to his brother. How?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2014

Generally by means of a deed with the stated consideration listed. You are encouraged to talk with a real estate attorney who can help make sure the deed is prepared correctly and that the transfer/recordation taxes are properly handled. In some cases a sibling will not need to pay... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: I want to refinance my house from a previous marriage. Do not want current spouse name added. How to stop this action
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2014

The law does not require that anyone be on a loan with the borrower, so a married person may take out a loan in his/her own name alone.

However, a bank is free to set its own rules for qualification and in some instances may not allow one borrower (say an ex-spouse) to be taken off the...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: Does the 3 percent annum interest on a security deposit apply to a tenant who rented a private home? Bank paid < 1% int
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2014

Yes. The required interest rate applies whether or not the landlord actually earned 3% (conversely in a market with high interest rates, a LL only needs pay the 3% even if the deposit earned more than that).

2 Answers | Asked in Real Estate Law for Maryland on
Q: We put down a good faith deposit of $3500.00 for a home in Bowie, MD. The sellers now refuse...

...to release our deposit back to us. We pulled out of the deal because repairs were not made to our satisfaction. What can be done to get our deposit back?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2014

It depends on the terms of your contract. It isn't clear whether the contract you describe was contingent on inspection / repairs to your satisfaction or whether it was "as is." Either way, it is important to carefully review the specific document you signed - if that document... View More

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3 Answers | Asked in Employment Law for Maryland on
Q: I work in a rehab in southern Maryland the 10pm to 6am shift. I want to know am I entitled to shift differential pay?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2014

Maryland law does not generally require employers to pay more for nighttime work. Employees must be paid minimum wage under both federal and state law but beyond that most of the time wages are negotiated between employees and employers.

An individual employer may set up different pay...
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