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Maryland Questions & Answers
0 Answers | Asked in Gov & Administrative Law for Maryland on
Q: The handicapped parking at our church is not within the legal distance. Street parking designation would correct that?

An entrance to the church is within 10 feet of parking on the street instead of huge walk from parking lot to entrance.

1 Answer | Asked in Landlord - Tenant and Small Claims for Maryland on
Q: Seeking best course of action in attempting to leave lease where signed with roommate.Desire to leave before end of term

I am in a lease agreement where both my roommate and I have signed the lease. Living with roommate has been affecting my mental health, so I want to leave before the end of the lease term. I informed my roommate and gave her a timeline asking if it would work for her she said yes but has stated she... View More

T. Augustus Claus
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answered on Dec 8, 2023

Consider the following potential courses of action in this situation:

Negotiate with your roommate: Communicate the impact on your mental health and express your desire to leave the lease. Offer assistance in finding a new roommate and suggest a financial incentive to encourage cooperation....
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1 Answer | Asked in Real Estate Law, Construction Law and Environmental for Maryland on
Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?

Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 8, 2023

You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract,... View More

2 Answers | Asked in Estate Planning and Family Law for Maryland on
Q: My grandmother has a house, when she purchased the house she put it in her name and 2 of her childrens name.

She is the only person that’s paid into the mortgage. She has 6 children one is deceased, 5 living. When she passes away she wants, after the house is sold (it’s already paid off) the money to be split evenly between the 5 living children and the the portion that would have went to her deceased... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 7, 2023

There are a variety of planning tools someone can use to name beneficiaries while keeping power to freely change those designations. Perhaps, if your grandmother got good advice, the deed is a life estate deed with full powers still vested in the planner. If so, she could change it freely by a... View More

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0 Answers | Asked in Real Estate Law for Maryland on
Q: In Section 11B-113.2(a) of the HOA Act, what is information required that verifies the vote in electronic submissions?

Our HOA recently had a vote regarding a change in the Covenants. Owners were allowed to submit completed voting forms to the community management company by mail or by e-mail. One person submitted a large file containing scans of dozens of completed voting forms with signatures that he said he... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: I bought some cattle over the phone from a cattle dealer in NY State. He told me they weigh an average of 1250 Lbs.

When they got here I weighed them and they averaged 915 lbs. I had paid him before he sent them to me. What can I do to make him take them back or refund money to me ?

James L. Arrasmith
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answered on Dec 6, 2023

In your situation, where the cattle delivered from New York State weigh significantly less than what was represented by the seller, you have a few potential options to pursue. The discrepancy in weight can be a valid basis for a claim, especially if you have evidence of the seller's original... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Maryland on
Q: sisters want to sell a house they inherited, one wants reimbursed for paying the mortgage before the sale is that legal?

Two sisters inherited a house, one is the executor of the will. They both wish to sell the house but the executor payed the mortgage for the last two months out of pocket instead of out of the estate funds. She now wants reimbursed saying there were no estate funds only the bequeathments as set by... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 5, 2023

Yes. The sister can petition the court to remove the Personal Representative, who is not doing the job properly. There is no reason to pay a mortgage if the estate is insolvent. It just means the house must be sold. The bank will get all its money at settlement, if the price is high enough. The... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: Is it legal for the executor of an estate to force a benificiary to pay for a mortgage on a house they inherited?

Two sisters inherited a house with a mortgage now one sister wants the other sister to quit claim deed the house. Said sister is also the executor of the estate and is forcing my wife to either pay half the mortgage or quit claim on said house

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 5, 2023

"inheritance" doesn't mean the bank loan is forgiven. It must be either paid off from Estate funds, or refinanced by the person inheriting the property. A "quitclaim" deed (one without the usual warranties of title) means the mortgage lien/loan obligations of the dead... View More

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1 Answer | Asked in DUI / DWI for Maryland on
Q: For admin pe se refusal suspend indefinite on 3/19/21 do I need a lawyer didn't refuse blew

Have not received a court summons as of yet no infractions since then. Don't see DUI in case search

Scott Scherr
Scott Scherr
answered on Dec 3, 2023

First, you should have a lawyer for a DUI. Judges take these cases very seriously especially for a refusal. It is a 12 point ticket that carries a year jail plus possible enhanced penalties for a refusal.

Second, the trial date would definitely have occurred by now for a 2021 ticket. It has...
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0 Answers | Asked in Health Care Law, Employment Law and Employment Discrimination for Maryland on
Q: I plan to resign from my job due to workplace violence, can I get affordable health insurance if I will have no...

...income for the rest of 2023 and part of 2024?

Also, what legal remedies do I have if I have documented workplace violence, but nothing has happened and thus I am willing to voluntarily resign?

1 Answer | Asked in DUI / DWI for Maryland on
Q: What to with a admin pe se refusal suspension. I didn't refuse to blow it's been a over year no court letter I no drivin

Have driven for 3 years car broke don't no infractions. Been paying bills don't understand

Scott Scherr
Scott Scherr
answered on Dec 3, 2023

If you refused, it is a 270 day suspension for a first refusal and a 2 year suspension for a second refusal. The suspension begins the 46th day after your arrest. When the suspension is over, you must go to the MVA to get reinstated. Your driving record will tell you if you are eligible for... View More

2 Answers | Asked in DUI / DWI for Maryland on
Q: Have a DUI from over a year haven't driven or any infraction since then. Think y license is suspended

Wanted to know what to do. Don't see in the case search but still suspended

Mark Oakley
Mark Oakley
answered on Dec 2, 2023

Your license may be suspended due to your taking a breathalyzer test and exceeding the legal limit, or refusing the test, both of which have consequences. Go onto the MVA website and download your driving record. It will show the exact reason and length of any suspension. Contact a lawyer to... View More

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1 Answer | Asked in Child Support and Family Law for Maryland on
Q: 14 year old with mom in GA and 18 year old with me in MD, enrolled in college. Should there be a support obligation?

There is no court order for custody, visitation, nor support - never has been. I paid 18 years and 14 1/2 years on my own. We were both military, I'm now retired and she's still active. She makes more money.

Mark Oakley
Mark Oakley
answered on Dec 2, 2023

If she has primary custody of the 14 year old, there would still be a legal obligation on your part to pay child support. How much depends both parents’ incomes and an application of the child support guidelines in the state where the child primarily resides. You should obtain a private... View More

0 Answers | Asked in Contracts for Maryland on
Q: My car transmission has been replaced twice still financing and paying rental car what can I do

Along with other problems like catalytic covertor axle broke and transmission being replaced twice which they had for 6 weeks and we paid 3000 dollars in rental car

1 Answer | Asked in Real Estate Law for Maryland on
Q: I live in Maryland and I have a home with my ex boyfriend which we are both on the deed & mortgage. I want to get out

I want to get out and he tried an assumption and did not get it. Is my only option a lieu in partition? What does that inquire?

Scott Scherr
Scott Scherr
answered on Dec 1, 2023

Your other options are for your ex boyfriend to refinance the house in his name alone and to buy you out, for you to refinance the house in your name alone (with his consent) and you buy him out, or you both agree to sell the house.

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