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answered on Aug 6, 2011
Termination of tenancy is another way of saying the lease legally ends.
answered on Aug 6, 2011
Generally, no. An increase in family size does not typically allow lease termination (though one should carefully read any signed lease to see what termination rights a tenant may have, such as the right to terminate with a certain amount of notice). The only real way to "release"... View More
answered on Jul 26, 2011
While more information is needed to adequately answer whether the customer will be in the "right," anyone can stop payment through their financial institution. However in some cases after a service has been performed withholding payment will amount to breach of contract and/or give the... View More
answered on Jul 26, 2011
If you are referring to appointment over a deceased's estate, this is done by filing a petition for appointment as Personal Representative. Generally there is no "temporary" appointment, rather the PR serves until the estate is concluded, though it is possible to serve and later... View More
answered on Jul 26, 2011
A POA has no validity after death and the Personal Representative should have information about all property titled in the deceased's name at the time of his/her death.
answered on Jul 26, 2011
If your question deals with foreclosure, once a substitute trustee sells property at auction, the court must approve or "ratify" the sale. At that time the purchaser at the foreclosure auction may move for possession of the property or to evict the residents. Note that changes to the... View More
answered on Jul 26, 2011
Determining where to incorporate or form a new business involves a great number of factors and is not easily answered by an online post. That being said, to issue mortgages in the state of Maryland one needs Maryland licensure.
You are encouraged to seek legal counsel before starting any... View More
answered on Jul 26, 2011
Most business licenses are obtained from the clerk of the circuit court, but the junk dealers / scrap metal license is issued by the State Highway Administration.
answered on Jul 26, 2011
Unfortunately this question is far too broad to answer. Maryland has a body of commercial law affecting the validity of contracts. Statutory law may be found in the Maryland Annotated Code.
answered on Jul 20, 2011
A trustee should manage any property held in Trust, while the Guardian of the Property should manage any property held in the individual name of the disabled person.
answered on Jul 20, 2011
If the deceased did not name anyone in the will to serve as PR, then yes, a surviving relative has priority to serve.
My aunt died 12 years ago and the attorney refuses to file the will. Yet, he continues to represent the property she left behind.
answered on Jul 20, 2011
The personal representative (not necessarily the attorney who drafted the will) has a duty to promptly file the will and open the estate. This is usually within a few months after death. A copy of the petition and will must be mailed to all interested persons. It may take several years to wrap up... View More
He has made a will but it seems that upon his death this will was not transmitted to the authority by whoever was entrusted with it.
The will was probably enacted 03.03.2011 (!) . Who is now the legal heir now: the one person --> wife of my cousin ) according to the original will ?
answered on Jul 20, 2011
The question is not clear as written. Obviously a will written 20 years after someone's death is not valid. Every will in this state must be witnessed by two witnesses who see the Testator sign which helps ensure that a document presented by an heir was actually written by the deceased. If... View More
answered on Jul 20, 2011
It depends and a person can set it up either way in their will. Check the will to see whether the beneficiaries were listed to inherit "per capita" or "per stirpes." Per stirpes means that if an heir died before receiving their potion, their kids inherit their share. Note that... View More
answered on Jul 20, 2011
At the outset you should check the will to see whether the estate pays death taxes or whether the beneficiary bears the burden. Next realize that there are multiple levels of possible taxes and various taxes may apply depending on the size of the state and relationship between the deceased and the... View More
Husband; then, he dies; does the Step son have the right to sell the home and all it's possessions? There was an heirloom promised to be given to the living sister? The Step son never said a word to the living sister. Not even that his father had passed on.
answered on Jul 20, 2011
Quite possibly yes. The answer depends on how the property was titled and what the will of the last spouse to die said. If the property passed outright to a spouse, at their death their estate would get it and pass it according to the will (or if there was no will by intestate succession to their... View More
I work for a transportation company driving company owned tractor/trailers. Everyday I'm told what time to report to work, where to go, etc. I or we (drivers) are paid per week on percentage per load from the work a week ago. Here's the gray area, no taxes are taken out only a 1090 the... View More
answered on Jul 20, 2011
This question involves an extremely fact-specific area of law and cannot adequately be answered with general information on an online post. The law contains a multi-part test for determining whether workers are employees or independent contractors. In some circumstances a company may... View More
answered on Jul 20, 2011
Yes, an LLC can register trade names owned by the LLC. Note that if the LLC involves a regulated profession the board of that profession may limit the ability to practice under a trade name and/or may impose restrictions.
While I hope the above general information helps, it doesn't... View More
I'm on the board at our congregation and have been told that our minister is given the right to vote by Maryland law, but no one seems to have any documentation supporting this.
answered on Jul 20, 2011
Maryland law contains certain default provisions for the governance of entities, including religious corporations (churches). These can be found in the Corporations & Associations article of the Annotated Code. Unless a church's plan says otherwise, the minister is a Trustee and thus... View More
How are the assets distributed between a spouse and a child from a former marriage?
answered on Jun 25, 2011
The answer depends on what family members survive and whether the child is a minor or not. If the child is over eighteen, the spouse gets the first $15,000 as a "spousal allowance" and the rest is divided in half between the spouse and child(ren). This post offers general legal... View More
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