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This business was run in Maryland and the business was inherited. It was told to us that my uncle was grandfathered into the business and we are trying to see how that was done. It would have changed hands around 1990 to 1993. It is called Eatons Fish Hatchery, 10701 Putman Rd, Thurmont, MD 21788
answered on Apr 10, 2023
Often when people speak of something being "grandfathered" they mean that something (say a building) complied with whatever regulations existing when it was built/created and so it doesn't need to come up to today's standards/laws. However it is unusual to speak of a person... View More 
answered on Mar 29, 2023
This would be done by a no consideration deed. To do this "quickly" you'd likely want to find a law firm who can record electronically which speeds up the process considerably. Charles County does require a lien sheet before any deed can be recorded.
I agree that a real... View More
on 3/1/23. Ordered part. On 3/6/23, part not in and still not hot water. We are up to date in rent. Is there a recourse?
answered on Mar 6, 2023
When essential items like hot water or heat are not provided, a tenant can seek "rent escrow" through the district court. Naturally a tenant can start outside of court by requesting rent abatement from the landlord for any period where property was not fit to live in, but if a serious... View More
I'm trying to find the company name, at county record saying they have title and there no record of them to be found on registration
answered on Mar 2, 2023
Yes, property deeds showing ownership are filed "registered" with the Land Records in the Circuit Court of each county. Clerks generally do not do any research to verify ownership. A title search would verify who owns a particular property. (Property owned by an entity may be more... View More
I think I understand the "death" taxes in Maryland, but I am not positive on the calculations.
Are all taxes based on the value of the gross estate, or are some calculated based on the value after other taxes have been deducted?
For example:
Gross value of estate... View More
answered on Feb 27, 2023
Maryland inheritance tax is based on the relationship of the giver to the recipient, and is not tied to other death taxes, so on a $20M estate this could be $2M, $0 or nearly anything in between. (And if the tax is paid "outside" of the gift, Maryland will "tax the tax" and... View More
Maryland probate estate value is $10,000 or more.
Will states: "I hereby excuse those persons named in or appointed pursuant to this Will as Personal Representatives from the necessity of posting any bond or other security for the faithful performance of their respective duties."... View More
answered on Feb 22, 2023
In a word, yes, even where a Will waives bond the Register can still require a nominal bond to cover anticipated inheritance tax and other court fees.
Wills almost always waive the bond requirement for monies going to people who may inherit. However the government doesn't... View More
I discovered a mice infestation during the second week of my tenancy, it’s been almost 6 months, still the problem remains. In addition to this, there are issues with broken appliances such as the refrigerator, which has a water flow problem. There is also a leak from one of the ceilings.... View More
answered on Feb 21, 2023
Maryland law offers "rent escrow" as an option for a tenant living in a place that has serious health or safety violations. The tenant can seek different options, from having the landlord fix the problem, to asking the court to reduce rent or break the lease. It is up to the court to... View More
This is for car insurance. Bank statements and the Allstate app for customers show that the account has been over charged. They are threatening to cancel the policy if additional payment is not made immediately.
answered on Feb 21, 2023
With any billing question it may be helpful to first review in detail the fine print of the insurance contract and/or ask the person/company imposing the charge to show you where in the contract gives the right to impose such a charge. For example, a contract might impose an "installment... View More
have been leaving with my roommate who is the owner of this condo for 10 years. I have been told I need to move out. I do have a deed said if something happens to him j get this place. Now things have turned in a different direction. His daughter is planning on selling the place. I don't know... View More
answered on Dec 29, 2022
Generally speaking the rights of an occupant ("roommate") who is not an owner are based on the lease. If there is no lease, then one must move out after given proper notice to vacate. Legally speaking it doesn't make much difference if someone has lived in property for 6 months, 2... View More
If a person dies and names a beneficiary on a bank account that is different than what is in the Will, does the Will take precedence or do you have to take that person to court if they don't hand over those funds as it is laid out in the Will?
answered on Dec 8, 2022
The Will only controls assets the deceased person died owning.
With a beneficiary or payable on death designation, the title is transferred automatically to the beneficiary when the original owner dies (though practically the beneficiary may need to show the death certificate to confirm... View More
No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?
answered on Nov 18, 2022
If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the... View More
Do I have rights upon my mothers death as a heir
answered on Nov 11, 2022
It would depend on the deed language. Two people (including a parent/child) can own property together with or without survivorship rights and the mere fact that the word "heirs" is in the deed doesn't tell the whole story.
Everyone has already appeared in Orphan's court and agreed to the administators. Bit now one person is refusing to sign the approval papers. Can the court make everyone proceed with probate?
answered on Nov 11, 2022
The Court does not need everyone's consent to "proceed with probate". Consent may affect whether or not the appointed person needs to post full or nominal bond.
The law sets an order of priority for people to serve as Personal Representative. When multiple people with the... View More
I am on the mortgage he isn’t. But we are both on the deed. What is the process of how he can take the condo from me and my name come off?
What happens if my mortgage loan is not assumable though and my mortgage doesn’t transfer to
Him?
Baltimore county signed off on... View More
answered on Nov 2, 2022
A names "comes off" property by a deed that gets recorded in Land Records. If this wasn't handled in the divorce, you may want to talk to a real estate attorney who can prepare a deed conveying to your ex.
A deed does not change who has responsibility on a mortgage, but... View More
He isn’t on the loan but my name and his name is both on the deed. My name is only on the loan. How does this work if he want to take over the loan? He keeps telling me he can just take over the mortgage loan
answered on Nov 1, 2022
Generally speaking someone cannot transfer ownership of property without paying off the mortgage balance in full. However, things are a bit different for a husband and wife. A federal law called the Garn St. Germain Act allows a spouse to essentially take over a mortgage for a home if they are... View More
We are both on the deed. He isn’t on the loan but wants to take the condo over. I have a conventional loan only and I been researching this that this type of loan isn’t assumable. So how can he take over the loan? He can’t refinance the loan either can he?
answered on Nov 11, 2022
The general rule that mortgages are not assumable does not usually apply to situations where a spouse is getting a home. There is a specific federal law that allows a husband or wife to continue paying the mortgage in the ordinary course. To get more details you could contact an experienced... View More
He wants to take over the loan but he isn’t on the mortgage. Only the deed he is on, how can he take over my mortgage and take my name off?
My mortgage isn’t assumable. It’s conventional only. How can he refinance though if he isn’t on the loan?
answered on Nov 11, 2022
This question (or some variation of it) gets asked a lot.
The GENERAL rule is that a mortgage is not assumable. However, a federal law changes how the general rule applies in certain family situations involving residential property. When a home is transferred to a husband or wife, the... View More
Nothing is in writing. We just want to know if the executor is telling the truth based on what the wheel says they won’t show us the will. Do we have a next step.
answered on Oct 14, 2022
In Maryland a Will is a matter of public record after the person who made it dies. The personal representative has an obligation to open the estate and identify both the people named in the Will to inherit as well as people who would inherit if there was no Will. Depending on who was in the... View More
answered on Sep 14, 2022
Yes, transfer and recordation tax are due when the deed gets recorded.
Note that tax sales in MD require a foreclosure lawsuit before the county issues a deed. Purchasing at the tax sale auction is only the first step.
While not legal advice I hope this general information helps.
Executor is family member who is not a benficiary is this possible for fair market vallue, minor will be turning 18 before sale.
answered on Jul 16, 2022
The short answer to your question is "Yes, it is possible for the Personal Representative (Executor) to buy property from the estate.
So long as it is for fair market value (as your post suggests), the process is fairly straight-forward and involves deeding out of the estate. It is... View More
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