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Questions Answered by Cedulie Renee Laumann
1 Answer | Asked in Real Estate Law for Maryland on
Q: What is the definition of termination of tenancy?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 6, 2011

Termination of tenancy is another way of saying the lease legally ends.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can the grow of tennants be considered hardship? How one can release oneself from morgage when the family grow large?
Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Consumer Law for Maryland on
Q: Is it against Maryland law for a customer to stop payment on a check rendered for service?
Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Estate Planning for Maryland on
Q: How does one go about being appointed temporary fiduciary of sons estate
Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Estate Planning for Maryland on
Q: As POA to my deceased brother, do I have a legal obligation to share his financial info with his Personal Rep frm a will
Cedulie Renee Laumann
Cedulie Renee Laumann
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.

2 Answers | Asked in Estate Planning for Maryland on
Q: If a trustee is assigned to sell your property would I have to move out
Cedulie Renee Laumann
Cedulie Renee Laumann
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

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1 Answer | Asked in Business Law and Business Formation for Maryland on
Q: Which of the two states is easier to start a commercial mortgage loan business, Maryland or Nevada?
Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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1 Answer | Asked in Business Law for Maryland on
Q: Where to get junk dealers and scrap metal processors license ?
Cedulie Renee Laumann
Cedulie Renee Laumann
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.

1 Answer | Asked in Business Law for Maryland on
Q: What is the maryland commercial law code for competant parties and contracts
Cedulie Renee Laumann
Cedulie Renee Laumann
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.

1 Answer | Asked in Estate Planning for Maryland on
Q: My mother has dementia and I am her pers. and prop. guardian. My sister is sucesr trustee. Who has final say on money
Cedulie Renee Laumann
Cedulie Renee Laumann
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.

1 Answer | Asked in Estate Planning for Maryland on
Q: As the last surviving relative of a decedent can I be appointed the deceased's personal representative?
Cedulie Renee Laumann
Cedulie Renee Laumann
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.

1 Answer | Asked in Estate Planning for Maryland on
Q: How long does an attorney have to file a will after the death of the testator?

My aunt died 12 years ago and the attorney refuses to file the will. Yet, he continues to represent the property she left behind.

Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Estate Planning for Maryland on
Q: Allow me to ask this (a real case) My cousin who livehd in Baltimore Maryland has died from cancer in 1991 at age 75. H

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 ?

Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Estate Planning for Maryland on
Q: My grandma had 6 kids,she died recently One child is deceased, does grandkids receive this 1/6 portion?
Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Estate Planning for Maryland on
Q: If I inherit from an Uncle real estate, savings bonds, and bank accounts as a beneficiary How do I pay the inherit taxes
Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Estate Planning for Maryland on
Q: Two sisters are very close, but one dies after marrying and gaining a non biological step son her home goes to her husba

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.

Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Employment Law for Maryland on
Q: Sub Contractors! Is that even legal?

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

Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Business Law for Maryland on
Q: If I form an LLC, can I register a trade name excluding the LLC in the business title?
Cedulie Renee Laumann
Cedulie Renee Laumann
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...
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1 Answer | Asked in Business Law for Maryland on
Q: Are minsters entitled to vote (on church business) by Maryland law?

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.

Cedulie Renee Laumann
Cedulie Renee Laumann
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

1 Answer | Asked in Estate Planning for Maryland on
Q: What is the default distribution to family members if a spouse dies without a will in Maryland?

How are the assets distributed between a spouse and a child from a former marriage?

Cedulie Renee Laumann
Cedulie Renee Laumann
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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