Lawyers, Answer Questions  & Get Points Log In
Maryland Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Maryland on
Q: Valuation for inheritance tax and buyout in Maryland for a house inherited by two siblings

My brother and I inherited our aunt's house, and I want to buy him out. We are trying to determine a value for the buyout and the estate lawyer recommended an appraiser. His appraised value came in considerably higher than the last tax assessment (by about $200k) as well as the approximate... Read more »

Mark Oakley
Mark Oakley answered on Jan 27, 2022

Yes. Make a lower offer. If refused, when the house is put up for sale, bid on on it like anyone else. You may end up being the higher bidder, but don’t bid more than you think it’s worth.

View More Answers

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: can an adverse possessor evict the a land owner

can an adverse possessor evict the a land owner....

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) (File an action for recovery of possession of land).

Richard Sternberg
Richard Sternberg answered on Jan 27, 2022

To raise a successful defense of adverse possession, the defendant must show that he POSSESSED the land ADVERSELY, OPENLY, and CONTINUOUSLY in a manner HOSTILE to the record landowner's interests for the prescribed period. If you don't possess, the defense will be difficult to maintain.... Read more »

0 Answers | Asked in Landlord - Tenant and Contracts for Maryland on
Q: Can an unlicensed landlord enter inside his tenants home or bedroom without notice or consent even if he’s family?

My girlfriend brother is put the house on the market and keeps harassing her by text messages about getting certain rooms cleared out to show buyers while we are still boxing up to move.

1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Q: After the twenty year period is there any means to use the patent or seek interest in ones US patent#4,784,433?

Is the patent worthless?

Kevin E. Flynn
Kevin E. Flynn answered on Jan 27, 2022

An expired patent cannot be used to obtain royalties or to block the actions of others. But the patent is not worthless. It has been added to the body of knowledge of people. This was part of the deal for obtaining a limited period of exclusivity. The patent may be used to help teach others how... Read more »

0 Answers | Asked in Tax Law for Maryland on
Q: Can I deduct military retirement to former spouse who lives in Germany and is a German citizen as alimony?

Divorce was in Texas before 2018 and I am now a resident of Maryland. There is a court order and I pay him directly in cash to his account in Germany. https://www.journalofaccountancy.com/issues/2008/jan/pensionisalimony.html#sthash.FvXKK2gK.dpuf... Read more »

0 Answers | Asked in Family Law and Child Custody for Maryland on
Q: How do I terminate parental rights of none custodial parent?

Through the court system, I am the sole physical and legal guardian of my daughter. The non custodial parent is only granted supervised visits twice a week for 2 hours and has not requested to visit nor has seen the child since August 2017. How can I remove him from taking any action in the future.... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: What proof needs to be met to get a conviction on a threat of mass violence charge?

Has to be more than 1 or 2 people claiming a person made a threat?

Mark Oakley
Mark Oakley answered on Jan 26, 2022

The offense is described as follows: “A person may not knowingly threaten to commit or threaten to cause to be committed a crime of violence … that would place five or more people at substantial risk of death or serious physical injury … if the threat were carried out.”

Any...
Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How can I get a tenant removed from my property who lease expired last year. She is my daughter.

My daughter has a kid that will be 18 next month. I have been renting a room to my daughter since 2017 for $500 a month because I wanted my granddaughter to have a stable life.

Leonard A Englander
Leonard A Englander answered on Jan 26, 2022

Since there’s an agreement to pay rent, she would be considered a renter. Therefore you would need to give her 30 days written notice that you are ending her lease and expect her to vacate. If she refuses to leave after that time, you would need to file a Tenant holding over action.

Then...
Read more »

3 Answers | Asked in Real Estate Law for Maryland on
Q: Do I Need a lawyer ? to assist in a cash purchase of a condo in ocean city? Or what type of professional could assist

Want to avoid real estate agents, trying to keep costs down

Daniel Staeven
Daniel Staeven answered on Jan 26, 2022

Yes, you can purchase a condo for cash in Ocean City without a realtor but you would need someone to prepare a contract for you for the purchase of the condo. It is likely that you may be able to find an attorney who could prepare the contract for you since you are the purchaser of this... Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Q: Is there a means to obtain assistance to sale this patent for royalties / USAU.S. patent number 4,784,433
Ali Makoui
Ali Makoui answered on Jan 25, 2022

Utility patent terms are 20 years from the filing date (plus any possible patent term adjustments). The U.S. patent 4,784,433, "Portable sunshade for infants in vehicles" has expired in 2008. Once a patent expires, it becomes a public property. Everyone can make it or use it without... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: what is most likely to happen in court when being charged with petty theft , first offense
Eric Todd Kirk
Eric Todd Kirk answered on Jan 26, 2022

Theft carries the potential of a jail sentence, although unlikely for a first offender, it is not impossible. A theft conviction can haunt you for the rest of your life. You should hire a lawyer, or if you qualify, seek the serices of the PD.

2 Answers | Asked in Criminal Law for Maryland on
Q: How do i contact the public defender, is it free? what do i ask?
Scott Scherr
Scott Scherr answered on Jan 25, 2022

Call the Public Defender's office for the county where you were charged and they will tell you how to get qualified.

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: Will i go to jail for a first offense , petty theft charge. I’m genuinely scared

It was of $234

Scott Scherr
Scott Scherr answered on Jan 25, 2022

Jail is unlikely for a first time offender. It is still important to keep a conviction off your record. An attorney should be able to keep your record clean. Consult with private counsel or contact the Public Defender as soon as possible.

0 Answers | Asked in Employment Law for Maryland on
Q: When doing a reference check for employment what can previous employer say? What can hiring employer ask previous job?

I applied for a job that I was well qualified for. I was denied employment and I'm trying to understand why I didn't get the job. The only thing I can think is that my previous employer had something to do with it.

1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners..

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners Ejectment Ejectment Rights And And Adverse possession Maryland. They Can Ejectment Before Or Or After The Statue of Limitations 20- -20 Years. If It Is Before The 20 Year Time Period Can The... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 24, 2022

The question is barely in English, and the description of the defense of adverse possession isn’t vaguely close to the law. If you have occupied a property openly adversely continuously and hostilely for more than the time in the statute of limitations, you may assert —preferably competently,... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: How can I obtain the rights to my photographs from a photographer free of watermarks?

Recently, I had family photos taken by a photographer. Prior to the on site shoot the photographer and I discussed, through text message, watermarks on the photos as well as the use of the photos. He stated the final product would not have the watermark and we could use the photos at our... Read more »

Mark Oakley
Mark Oakley answered on Jan 25, 2022

You have a contract, I hope, which is written. The terms of payment are or should be stated, as well as what you are paying for exactly and what the photographer is to provide for that payment. Without reviewing the terms of the contract, it is impossible to advise you. As a general matter,... Read more »

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Hi,want to get back drivers license. Had them revoked 30 yrs. ago. What is the best way about doing it.

I am 65 and need for doctors etc. Also want to know if the points are still active if I get them back. Thanks

Mark Oakley
Mark Oakley answered on Jan 24, 2022

It depends on the reason for your losing your license in the first place. If it was for point accumulation only, then you were eligible to become reinstated following the suspension or revocation period. There are different procedures depeding on whether you were merely suspended, or were... Read more »

View More Answers

0 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Health Care Law for Maryland on
Q: What approach would you recommend in a situation when hospital security deny a father access to seeing his child born?

My boyfriend was not allowed to see our daughter born 2 weeks ago when he was in the lobby trying to get me . His wallet was stolen so he didn't have his ID but he had a copy of his birth certificate and he is listed in my hospital records as my emergency contact. He was peaceful and the... Read more »

0 Answers | Asked in Employment Law and Health Care Law for Maryland on
Q: Instructed to resign in order to receive temporary disability benefits for maternity. Thank you in advance for your help

My niece is due to have a baby in about a month. She currently works part time (16 hours per week) and recently notified her manager that she can no longer work after February 1, 2022. My niece was then advised by her manager that she is not eligible for FMLA (which is correct), & then... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.