Each person in this state has the right to create their own Will, based on their own wishes. The law gives family zero authority to demand changes in a parent's Will.

If someone is competent, they (and only they) can make any Will they wish to make. However, once they become... View More

If a tenant stays over past their lease end, the landlord can go to court to evict. After the court grants eviction, the landlord can have a sheriff physically remove the tenant and/or their belongings. However, a landlord cannot just call the sheriff and change the locks without a court order.

Legal blindness in no way affects competency to do planning documents like a power of attorney. So under the facts you describe, assuming he is otherwise competent the uncle would be well advised to reach out to an attorney and get planning documents in place. There are additional safeguards an... View More

Once the time period for creditor claims has passed (6 months), the Personal Representative can file an account with the court and as soon as that is approved, deed the property to the heir(s).

Your post doesn't indicate whether or not there are other heirs, but once the estate is... View More

A disabled person who is unable to manage their affairs may not be competent enough to execute a valid Power of Attorney. Instead, if someone is incompetent without a pre-existing Power of Attorney the family usually needs to seek legal guardianship through the courts.

The specific... View More

An owner who is also an employee has an option under Maryland law to either pay for coverage or waive coverage so long as they own at least 20% of the company.

The relevant law is Labor & Employment Article §9-206.

While not legal advice, I hope this general information... View More

A deed and lien (mortgage) have two distinct purposes and different sets of pros and cons. However, one can't deed a property over without getting approval of the existing mortgage lender and without paying the applicable transfer and recordation taxes.

A deed would make one an... View More

First, it is great that you took the time to research what a Trustee does!

A Trustee is not the same as a guardian, but a Trustee bears responsibility for overseeing whatever assets are placed in their care. Trustees routinely hire professionals to assist (e.g., hiring a lawyer to help... View More

The first place to start with any loan question is the loan paperwork.

Most loans have interest and clauses that the borrower agrees to pay for attorney fees if they "default" or miss a payment and the case gets sent to an attorney for collection. However, this must be in the... View More

A rent-to-own arrangement does NOT protect property from going into foreclosure. A lender who is not paid usually has the right to foreclose on property and a tenant under a rent-to-own contract would lose the right to purchase if the property goes through foreclosure. In certain situations a... View More

Figuring out options for someone in the middle of an active contract requires looking at the contract. People can write contracts in many different ways, with different consequences for things like inspections and meeting contingency deadlines.

Now if all the parties agree they could of... View More

There are 3 different transfer and recordation taxes in Maryland.

One of these taxes (state transfer) is .5% and is affected by the status of the buyer as a 1st time homebuyer. That tax is dropped in 1/2 to .25% for a first time homebuyer, and the Seller must pay ALL of that tax.... View More

You likely want to check the specific county code and/or call animal control in the particular county (and/or town)

For example, in Anne Arundel County, pursuant to Article 12, Title 4, dogs in this county can be legally outside if the owner provides adequate shelter to protect the dog... View More

A repossession does not wipe out debt, and would surely make it more difficult to qualify for a new car loan. The lender will credit for whatever a repossessed car sold for, but the borrower is still on the hook to pay off the balance of the loan. Although it is hard to imagine a scenario... View More

One would expect a notice from a Landlord asking a Tenant to vacate within 30 days if there was a breach of lease or if the lease term was ending.

That said, only a court can evict. A private individual cannot issue an eviction order.

You may wish to seek legal counsel.

Generally foreclosed real estate does not escheat to the state. Instead, it belongs to whomever purchased at the foreclosure sale.

For mortgage foreclosures, if no one else bid at the foreclosure auction (for a mortgage foreclosure) the Lender will win the auction. The law requires... View More

While the tax account or public record possibly lists one owner followed by "et al," it is highly unlikely that the actual title (deed) lists ownership that way.

You'll want to look at the deed itself to see who is on title and how the title is structured. A husband and... View More

The contract dictates who pays the closing costs and settlement fees and the title company should follow those instructions. Note that in most cases the Seller will pay the cost of the deed preparation and the cost of recording the release for any mortgage, even if the Buyer will pay the... View More

What about land installment contracts do you want to know?

It might be helpful to contact a lawyer to go over the particular situation and ways to structure. Maryland law allows land installment contracts, though there are other ways to structure transactions where the goal is to pay the... View More

It is worth noting that any leasehold arrangement longer than 7 years generally must be recorded among the Land Records and that recordation tax may be due on the recording. For this reason it is not common in Maryland to have a lease with a term greater than 7 years.

See Md. Ann Code Real... View More