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Maryland Questions & Answers
2 Answers | Asked in Traffic Tickets for Maryland on
Q: What is the maximum speed you can go in a 30 mile an hour street zone you can go over the 30 miles an hour zone in MD?

Can you be given a ticket for going 12 miles an hour over a 30 miles an hour instead of 13 miles an hour and find in MD speed camera?

Mark Oakley
Mark Oakley
answered on Nov 13, 2022

Speed cameras result in a ticket for $45 once you hit 12 mph over the posted speed. Doesn’t matter how much over. No points. Just pay the money. Insurance companies can’t use it as a basis to raise rates.

If a cop clocks your speed and pulls you over, however, it works like this: 0-9...
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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: An independent contractor dog walker for a DC-based dog walking company was bitten by a MD client's dog.

The business is not yet registered in MD. Will this fact affect her case?

Mark Oakley
Mark Oakley
answered on Nov 13, 2022

Probably not. Not all businesses need to be registered to do business in Maryland. The dog bite claim may be treated independently from the dog walking contract. Not enough facts to evaluate. However, if the dog walking business is a party to the suit, and if it is required to be registered to do... Read more »

0 Answers | Asked in Estate Planning for Maryland on
Q: Hello what makes me a suitable person to be a special administrator, I’m trying to remove a family member

I’m trying to remove my stepson as personal representative from my husbands estate because he is just trying to sell stuff from under me

1 Answer | Asked in Business Law for Maryland on
Q: Is it legal for a state to require a business to follow a set of regulations but then make the company pay for the regs

Recently the Maryland COMAR went behind a paywall. My company is required to follow the regulations in the COMAR but there is no public access to the information. The "free search" function provided only the section numbers and does not show the regulations. Is this even legal?

Mark Oakley
Mark Oakley
answered on Nov 11, 2022

It remains free:

www.dsd.state.md.us

(1) Click "Search COMAR Now" on the left-hand side of the page

(2) On the next page, scroll down the left-hand list of titles and click on the appropriate title for your area of industry. For example, if you are a home...
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0 Answers | Asked in Immigration Law for Maryland on
Q: Can I do a change of status from j1 to a student visa for fall 2023, if my j1 would expire in April 2023?

My J-1 visa is via Au Pair program and it expires April 2023, if I apply for a change of status now with an I-20 for Fall 2023 admission, will I be considered out of status between April and September?

PS: My J1 Visa states that, BEARER IS NOT SUBJECT TO SECTION 212(E)

TWO YEAR RULE... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: If my mother owned a property with my brothers name on the deed wbut says unto their heirs . Does this mean I have right

Do I have rights upon my mothers death as a heir

Mark Oakley
Mark Oakley
answered on Nov 10, 2022

Would have to read the deed.

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2 Answers | Asked in Estate Planning for Maryland on
Q: If my mother owned a property with my brothers name on the deed wbut says unto their heirs . Does this mean I have right

Do I have rights upon my mothers death as a heir

Cedulie Renee Laumann
Cedulie Renee Laumann
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.

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3 Answers | Asked in Estate Planning and Probate for Maryland on
Q: What happens if someone refuses to sign probate papers?

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?

Richard Sternberg
Richard Sternberg
answered on Nov 10, 2022

Your question says you are in DC, but it is posed as a Maryland question, and I am going to guess the estate is filed in PG County, because, even though it's called Orphan's Court formally, in Montgomery, the hearings are in the Circuit Court by the Circuit Court bench, so laypeople never... Read more »

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: The decedent's house appraised at $360K at time of death then sold for $380K. Is the $20K incl in the augmented estate?

Decedent was a Maryland resident and died testate. The surviving spouse elected to take the 50% elective share. The spouse had no interest in the decedent's real estate.

Mark Oakley
Mark Oakley
answered on Nov 10, 2022

If the property was an asset of the estate, then the elective share applies.

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: Can a vendor unilaterally add a 3% cc fee if it was not contained in the original contract. Emailed change eff 1 Jan.

I signed a contract in state of MD):

If Organization wishes to pay any portion of its obligation by credit card, they may do so and request additional payments using the iVvy link provided to them when they received this contract up until 30 days prior to the event date. Once it is within... Read more »

Scott Scherr
Scott Scherr
answered on Nov 10, 2022

An attorney would need to review the entire contract to render an opinion. However, a business can change the terms of its contract periodically. For example, Comcast changes the terms of its contract with its customers regularly. The rates and service charges increase and the fine print changes.... Read more »

2 Answers | Asked in Immigration Law for Maryland on
Q: She applied for asylum when she were single, so when got married they gave her an Interview for asylum but suddenly…

They denied her application and send her to court for removal or approval so now we are married and have one child together and I’m à Us citizen, what can we do to adjust her status and avoid the court date because it will be In August next year ..

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 8, 2022

First things first:

1. they (the U.S. Asylum Office) did not not deny her application. The application was REFERRED to the respective U.S. federal immigration court,

2. Any changes in the marital or adjustment of status eligibility situations must be amended to the present pending...
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2 Answers | Asked in Immigration Law for Maryland on
Q: I’m US citizen and my married to a nonresident, they denied her asylum application and send her to court . What can I do

To adjust her status

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

You should consult a lawyer. It seems like some crucial fact is not included in your description. Typically a spousal petition should be the correct path for a married couple to follow.

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2 Answers | Asked in Immigration Law for Maryland on
Q: I’m US citizen and my married to a nonresident, they denied her asylum application and send her to court . What can I do

To adjust her status

Ana S. Mendieta
PREMIUM
Ana S. Mendieta
answered on Nov 9, 2022

A: I would have to ask how did your spouse enter the United States. If it was a legal entrance then the way for her to adjust her status would be through family petition and concurrent request.

However, if your spouse entered the United States illegally, then the process would be through...
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0 Answers | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Do incorporated Community Associations in the state of Maryland fall under the Maryland Cooperative Housing Corp Act?

If the board of directors of the Community Association Inc is holding a regularly scheduled monthly meeting of the board, is the meeting required to be open and is te board required to provide reasonable notice to members?

1 Answer | Asked in Real Estate Law for Maryland on
Q: Do the Home Owner Association have the right to stop home owners from walking their dogs on the property.

Or walking their dogs on the community street to get the dogs off the property for a walk on the public street.

Richard Sternberg
Richard Sternberg
answered on Nov 8, 2022

The answer starts with a review of the HOA bylaws. It continues to checking them against the covenants. It continues to reviewing the procedural integrity of the process that created the presumably new rule. And, then, at least as to rules involving public thoroughfares, the result gets checked... Read more »

0 Answers | Asked in Family Law and Juvenile Law for Maryland on
Q: My 16 year old has run away for the 3rd time. I didn't call the police but I've also been in contact with him.

Can I get in trouble as a parent for not calling the police and placing him as a runaway?

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