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Maryland Questions & Answers
2 Answers | Asked in Divorce, Child Custody, Child Support and Business Law for Maryland on
Q: How to draft a marital settlement agreement in a divorce with 5 children?

I'm currently in the process of a divorce and need to draft a marital settlement agreement. My spouse and I have five children, and we have discussed all the custody and support arrangements, as well as the division of assets and debts. How should I proceed with drafting the agreement to... View More

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Please hire a lawyer to do this. This is not a do-it-yourself project. You do not know what you do not know, and leaving necessary provisions out, or putting in the wrong provisions or wording, will cost a fortune in future litigation to try and reverse or correct, and potentially without... View More

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2 Answers | Asked in Identity Theft and Real Estate Law for Maryland on
Q: Identity and mortgage fraud involving LLC and house sale under my name.

I am dealing with identity fraud and mortgage fraud. Someone opened an LLC under my name and also sold a house in my name by signing the documents, leading to financial losses. How should I proceed with this situation?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 3, 2025

You omit key facts that would permit any opinion. For example, was property acquired in your name improperly? Or was property already owned by you fraudulently transferred by another using your name? And do you know any of the participants in the transactions, personally? This is a complex ball of... View More

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0 Answers | Asked in Juvenile Law for Maryland on
Q: How can I get emancipated at 16 in Maryland?

I want to get emancipated once I turn 16. I currently live with my mother, father, and sister. I don't have any income yet, but I plan to get a job. My parents are rude, mean, and disrespectful, and they ignore my mental illnesses. I am currently attending school and plan to get an apartment... View More

1 Answer | Asked in Business Formation, Divorce and Family Law for Maryland on
Q: Can I structure an LLC to restrict my wife's access due to divorce?

I'm planning to form an LLC and would like to structure it so that my wife does not have access to it due to a possible divorce. We do not have any premarital agreements in place. Can you advise on how I might structure the business and what legal considerations I should be aware of?

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Any business you create in any form during your mariage becomes marital property. Your spouse may not necessarily have "access" in the sense of control, but she would have a claim to half the ownership or at leat half the value of the company. For instance, you can create an LLC and be... View More

0 Answers | Asked in Personal Injury, Landlord - Tenant, Consumer Law and Public Benefits for Maryland on
Q: Seeking help to recover towed car, tow bill over $3000, in Maryland after assault incident.

I am homeless and was sleeping in my car parked at a hotel in Edgewood, Harford County, Maryland. I was assaulted and taken to the hospital, and during that time, my car was towed without my knowledge. The towing bill is now over $3000. I've contacted the police and have a police report... View More

2 Answers | Asked in Immigration Law and Tax Law for Maryland on
Q: Does a green card holder's living apart from their U.S. citizen spouse raise immigration concerns?

I am a U.S. citizen, and my foreign spouse, who is a green card holder, recently immigrated in December 2023. In 2024, she lived and worked in a different state than where I reside, using an out-of-state address for tax purposes. Despite not being legally separated, we have no shared financial... View More

Kevin L Dixler
Kevin L Dixler
answered on Feb 26, 2025

More information is needed. Does she have Conditional resident status? Does she intend to file for naturalization? When does she plan to file for naturalization? Do you intend to remain married? I strongly recommend an appointment or Zoom Conference with a competent and experienced immigration... View More

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Is it legal to drive with historical tags on weekends in MD?

I'm in Baltimore County and considering historical tags for my 2001 Chevy Cavalier. Is it legal to drive the car on weekends for activities like grocery shopping and commuting to my part-time job if I'm the only person in the car? I want to ensure I follow the laws and avoid any violations.

Scott Scherr
Scott Scherr
answered on Feb 26, 2025

Historic vehicles cannot be used for general transportation or to transport passengers or property on highways. They cannot be used to go to work or school. They can only be used in exhibitions, club activities, parades, yours, occasional transportation, and other similar uses. Thus, you cannot use... View More

0 Answers | Asked in Tax Law, Civil Litigation and Contracts for Maryland on
Q: How can I join the lawsuit Melito et al. v. Optima Tax Relief LLC for unresolved tax issues and poor service?

I have been experiencing significant issues with Optima Tax Relief after first contacting them and paying on 7/22/2022 and signing a contract on 8/23/2022. Despite over two years of working with them, there has been a loss of money, lack of communication, and none of our tax issues have been... View More

1 Answer | Asked in Collections, Identity Theft and Consumer Law for Maryland on
Q: Can I sue for damages from SSN identity theft affecting mortgage? MD

I discovered an account in collections on my credit report that was fraudulently opened using my SSN. I reported the identity theft to my local police department and disputed the account with Experian, which removed it. However, Transunion has not removed it, and as I'm applying for a... View More

Matthew McKenna
Matthew McKenna
answered on Feb 25, 2025

I would contact a consumer protection attorney familiar with the Fair Credit Reporting Act to determine if there is an actionable claim against Trans Union. If there is an actionable FCRA claim, there's a chance that this increased interest rate can be used as damages but tough to determine... View More

1 Answer | Asked in Car Accidents, Criminal Law, Insurance Bad Faith and Personal Injury for Maryland on
Q: Can I press charges against a drunk driver who hit my car?

I was involved in an accident with a drunk driver who hit my car. Although he has insurance, he has been dodging calls from his insurance company for months. He is currently in jail for hitting another driver's car and injuring them. I have filed a police report, have pictures, a video of the... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

A Maryland criminal law attorney could advise best on the issue of charges, but regarding the civil issues in your questions, it's possible the other driver is not able to respond due to incarceration. The carrier should still manage to process the claim and advise on their position. You... View More

2 Answers | Asked in Criminal Law, Identity Theft and White Collar Crime for Maryland on
Q: Arrest for fraud without prior knowledge; not read rights.

I was arrested by Baltimore County police due to a warrant from Anne Arundel County on November 16, 2024. I was unaware of the warrant until I was stopped by the police while driving for Uber. Apparently, a ride I completed, which involved picking up and dropping off an envelope, was related to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

The only penalty for not being read your Miranda rights is the suppression of any admissions you made during your custody so they would be disallowed as evidence against you at trial. Since you were not questioned, the failure to advise you of your right to remain silent and right to have counsel... View More

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1 Answer | Asked in Probate, Family Law and Estate Planning for Maryland on
Q: What to do after separated spouse's death with children in Maryland?

I am currently married but separated from my spouse, who has just passed away. There were no legal arrangements made during our separation. We have children together, and there were no pending divorce proceedings at the time of his passing. I am unsure if there is a will or any significant assets... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

Consult a lawyer about this. A lot depends on whether there is a will or not, and whether the children are minors or not. In addition, how your assets are titled and whether any assets solely in his name have beneficiaries (transfer on death or “TOD”) designated, have a big impact. As surviving... View More

0 Answers | Asked in Child Support, Child Custody and Domestic Violence for Maryland on
Q: Can I obtain child support while pregnant in Maryland?

I am currently pregnant and separated from the father, with a full protective order against him until October. I wish to begin the child support process before the child is born. The father has not acknowledged paternity and is trying to avoid contact, having changed his phone number and address.... View More

0 Answers | Asked in Consumer Law and Libel & Slander for Maryland on
Q: How to stop Facebook from showing pornographic ads damaging my reputation?

For the past 2+ months, Facebook has been showing me pornographic ads while scrolling, even after multiple reports. Sometimes ads are removed, but often they remain. Facebook has not responded to my attempts for support. The issue occurs in public places, like when I was at a bar, leading to an... View More

0 Answers | Asked in Tax Law and Collections for Maryland on
Q: Received a lien notice for unpaid 2017 state income tax due to filer error. What does it mean, and how to resolve it?

I received a notice of lien of judgment for unpaid state income tax from my 2017 taxes due to an error made by my tax filer. I initially set up a payment plan with the state and made two or three payments but continued to receive notices as if I hadn't made payments. Therefore, I stopped... View More

0 Answers | Asked in Health Care Law for Maryland on
Q: Will my pre-existing conditions be covered if ACA ends?

I live in Maryland and have multiple pre-existing medical conditions, which are currently covered under a silver plan in the open market. I believe my premium is the same as others enrolled in similar plans, regardless of pre-existing conditions. If the Affordable Care Act is ended, will insurance... View More

0 Answers | Asked in Gov & Administrative Law and Probate for Maryland on
Q: How can I obtain a deceased parent's birth certificate in Maryland if Vital Records requires a court order?

I am trying to obtain a certified copy of my deceased parent's birth certificate in Maryland. However, the Department of Vital Records refuses to provide it, stating I need a court order. Despite having my birth certificate and a copy of the death certificate to prove my relationship, I am... View More

0 Answers | Asked in Employment Law for Maryland on
Q: Can I be fired in Maryland during medical leave for past behaviors?

I was on an 8-week approved medical leave in Maryland without filing any formal leave like FMLA because I intended to return. During my leave, I communicated with my employer who then informed me that I was being fired for "past behaviors," although there were no recent documented issues... View More

1 Answer | Asked in Consumer Law for Maryland on
Q: Yes, can a restaurant place collections on me

In June 2024 I had a baby shower and placed the catering order at a company. I thought I paid online but when my fiancé got to the location, he asked if I if he needed to pay they said no he want to make sure that he didn’t need to pay and they said no in January I get a call stating that the... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

The restaurant can sell the unpaid account to a collection agency, or retain a collection agency for a fee, to try and collect the past due amount owed. If you do not work something out with either the restaurant or the collection agency that takes over collection of the debt, then eventually they... View More

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Do I need a lawyer to retrieve property after arrest in Maryland?

I was arrested and my money and jewelry were taken. Charges were filed against me, but I haven’t received any documentation from the court or police regarding the seizure or retention of my property. There hasn’t been a specific reason given for withholding my property. Do I need a lawyer to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

All property seized pursuant to arrest or a warrant can be recovered not later than after all criminal charges are resolved, but to the extent the property is deemed to be evidence that supports the charges against you, than you cannot get that property back before the charges are all resolved, and... View More

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