Lawyers, Answer Questions  & Get Points Log In
Maryland Questions & Answers
4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More

View More Answers

1 Answer | Asked in Contracts and Construction Law for Maryland on
Q: What does MHIC guaranty fund pay for?

Concrete sidewalk/steps/handrails installed - paid in full $3900. MAJOR issues with the work and home inspection deemed all of work unsafe. Every other contractor said all concrete had to be removed and redone - basically start from scratch. Total paid to redo - $7100. Filed claim and have... View More

Mark Oakley
Mark Oakley
answered on Mar 2, 2024

The regulations governing the adjudication of claims against the Guaranty Fund specify the formulas to be used by the Commission when calculating an award for actual loss from the Guaranty Fund:

Unless it determines that a particular claim requires a unique measurement, the Commission shall...
View More

1 Answer | Asked in Estate Planning, Family Law, Gov & Administrative Law and Social Security for Maryland on
Q: Mother (SSI recipient) owns her home & would like to sell & come live with me. Can we purchase a home together? How?

My mother is 80 years old and lives in Florida. We'd like to sell her home and have her come live with me ( a married woman) in Maryland so that I may care for her as she ages in place. We'd like to use the proceeds of the sale to purchase a home in Maryland. I would apply for a home... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2024

When considering purchasing a home together with your mother, who is a recipient of Supplemental Security Income (SSI), it's important to understand how co-ownership might impact her benefits. SSI eligibility is sensitive to income and assets. However, a primary residence is not counted as an... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: I am over seas for the DOD and my Drivers license has expired. I have a mark on my license due to DUI. What can I do?

My Drivers license is from Maryland. The DMV said I need an Ignition Interlock Device for 1 year in the US to have it taken off my license. I haven’t lived in the US for about 5 years, due to my work.

Is there anything I can do to get it removed so I can get my license again. It’s been... View More

Scott Scherr
Scott Scherr
answered on Feb 28, 2024

You would need to discuss with your lawyer the reason the ignition interlock is required. If it was ordered by a judge or you blew .08 or above or refused a breathalyzer test, then you must do the interlock. There are no exceptions.

If the Medical Advisory Board has ordered the interlock...
View More

2 Answers | Asked in Estate Planning for Maryland on
Q: Can I transfer a house that I own into my mom's revocable living trust in Maryland?

I own a fully paid house in Rockville MD. I want to sell it to my mom but also have her put it into a trust with me as the beneficiary. Can I transfer the deed directly into her trust, or does the title first need to be transferred to my mom before she can transfer it into her trust?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

Yes, your mother’s trust can be the buyer, and you can be the seller, with a deed to match. This makes perfect sense if it truly is an arm’s-length transaction.

However, if what you are actually doing is gifting the house to her, then you should not do that without talking to an...
View More

View More Answers

1 Answer | Asked in DUI / DWI for Maryland on
Q: Hi. I received a 3 yr PBJ after pleading guilty to a DUI first offense. I am compliant with the terms.

I have motioned to end after a year. I completed an alcohol abuse program prior to the date and have remained sober as requested by the judge in his order for the plea deal. I have motioned to end the probation after a year. I currently work out of state and want to move. Since I was conciliatory... View More

Scott Scherr
Scott Scherr
answered on Feb 24, 2024

It depends on the judge. Some judges will convert your probation to unsupervised. Other judges will make you stay on supervised probation the entire time. I would not expect the judge to completely end your probation early for a DUI, but unsupervised probation means you do not have to report or pay... View More

1 Answer | Asked in Employment Law for Maryland on
Q: My employer requires me to be available 40 hrs/week, 5 days a week. I’ve only worked 5 hours. Can I find part time work?

Employer made me sign a contract and said I have to ask and be approved to work at another business within the same industry (flight instruction). There is a termination fee of $2500 if I breach the contract or quit before 12 months working for them.

Mark Oakley
Mark Oakley
answered on Feb 25, 2024

I do not believe either provision in your contract is enforceable. The financial “penalty” of $2,500 smacks of an unenforceable penalty; however, if it is tied to an actual out-of-pocket cost to the employer, such as reimbursement for a paid training course the employer incurred to train you in... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: How should I proceed when getting a parking ticket in a spot that was not clearly labeled as Handicap space.

I was rushing to park in DC by the National Building Museum for work, parking in a spot that was not clearly labeled as Handicapped,

as the meter with the handicap marker was broken with the zone # on the side, I paid online instead. Please advise if you can help me avoid payment of the $500 fine.

Scott Scherr
Scott Scherr
answered on Feb 23, 2024

You should repost your question to DC lawyers by listing the location as Washington, D.C. Good luck to you.

1 Answer | Asked in Criminal Law for Maryland on
Q: What can I do if I am getting harassing phone calls from someone?

The person keeps calling from a blocked number. I know who it is, but I don't answer to not engage with the person.

Scott Scherr
Scott Scherr
answered on Mar 1, 2024

You can report the matter to the police. I do not know if they will do anything, but at least there will be a report of the incident.

2 Answers | Asked in Criminal Law for Maryland on
Q: Will having 3 counts (one for each message) of violation of protection order not allow me to practice law?

I plead in 2023 and won't be attending law school until 2027. That was my first time and last ever getting in trouble. It was an overall abusive 7 year relationship from HS until our early 20's; Verbally/emotionally from me and physically from my girlfriend. Only reason I decided to plead... View More

Scott Scherr
Scott Scherr
answered on Feb 23, 2024

You will need to divulge the convictions on all applications to the bar. The character committee will review your application and there may be an investigation to evaluate your fitness and character. The Committee then makes a recommendation to the Board of Law Examiners which could hold a formal... View More

View More Answers

2 Answers | Asked in Contracts for Maryland on
Q: At what point are cancellation fees in a contract unreasonable?

I am involved with a greek organization chapter currently facing a contractual dilemma and am seeking legal advice on how to navigate this situation. Three years ago, an officer, who has since left the chapter, signed a perpetual service agreement with a greek organization management platform. The... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Feb 22, 2024

This is a great question that I think hinges on the contractual defense of unconscionability. This is not the easiest contractual defense to prove, but it appears to be in the ballpark of what you're asking about which is the reasonableness of the contractual terms.

Here's what...
View More

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Maryland on
Q: In Saint Marys county , MD ! I was pondering filing a case for numerous unlawful arrest and on many other violations j

I was incredibly traumatized when during my time in the jail I had a heart attack and by nurse and ekg test was performed and confirmed by the nurse and reported to the doctor on call and told her to take me back to my cell and that they were unable to take me to the emergency room because of my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Based on the situation you have described, it does sound like you may have grounds to file a legal case regarding your treatment while incarcerated in St. Mary's county. Here are a few key things to consider:

- Unlawful Arrest Claims: If you were arrested repeatedly without probable...
View More

2 Answers | Asked in Civil Litigation for Maryland on
Q: Is it legit for a lawyer to ask for a social security number through email?

My boyfriend and I haven't been together that long. He states that he needs someone on his next of kin paperwork. He wants to put me on there. The lawyer emailed me and said that he needs name, address, picture of ID and social security number to run security checks and verification to make... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Feb 22, 2024

Research the law firm and confirm the name, identity, and reputation of the attorney. If it comes back legit, then you have nothing to worry about. You can also search the attorney's name in the Maryland case search to see what kind of cases they have handled (keep in mind not all attorneys... View More

View More Answers

1 Answer | Asked in Employment Law, Personal Injury, Products Liability and Agricultural Law for Maryland on
Q: Can a former employee to a pest control company sue for improper training, poor safety equipment and working un licensed
Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

A Maryland attorney could advise best, but your question remains open for a week. The type of case you describe can be complex because such cases sometimes involve multiple parties in potential third party actions - you could reach out to law firms to try to set up a free initial consult. That... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: can I get my speeding ticket thrown out if the officer wrote the ticket to my old license.

My provisional license has a different identifier number to my drivers license. So in theory can the ticket get thrown out if the officer recorded my license number incorrectly.

Scott Scherr
Scott Scherr
answered on Feb 21, 2024

No, this is not a defense to the charge. However, I would still recommend that you request a trial and not a waiver hearing. Sometimes the police officer does not appear. Even if the police officer does appear and you are convicted, the judge can offer probation before judgment which avoids the... View More

1 Answer | Asked in Family Law for Maryland on
Q: My lawyer is incompetent and is ignoring my calls repeatedly. Is there any recourse or help with this?

Paid 3 thousand dollars for guardianship case for my handicapped brother and it’s turned into an absolute nightmare.

Kenesha A Raeford
Kenesha A Raeford
answered on Feb 20, 2024

If the attorney-client relationship is not repairable due to the attorney, and you have a pending case/guardianship matter, you should contact a competent family lawyer right away. It is possible that if you explain the situation, they will work with you regarding attorney fees. You will want to... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I get free legal assistance in selling my fathers inherited house.
Kenesha A Raeford
Kenesha A Raeford
answered on Feb 20, 2024

Possibly! It truly depends on your situation. There are plenty of free and low-cost legal resources around the Maryland area. I first suggest that you consider reaching out to Maryland Legal Aid. Additionally, the Maryland Court system has catalogued several free and low-cost legal services on... View More

View More Answers

1 Answer | Asked in Tax Law for Maryland on
Q: Is there any way I can argue the cost basis of shares of stock I sold ?

Etrade used the cost basis of xyz stock I bought at $76 even though I held the stock and subsequently added to my shares buying blocks of the xyz shares at much higher prices.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

If the cost basis of your shares has been reported inaccurately, there are steps you can take to argue and adjust this. The cost basis of a stock is crucial for calculating capital gains or losses for tax purposes, and it should accurately reflect the purchase price of your shares, including any... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with 2nd degree assault against my boyfriend but the police report was incorrect.

Me and my boyfriend have got in a situation and I was charged with 2nd degree assault. His mouth was bleeding but in the police report we also fell down the stairs. I have more injuries than him and everything started because he took my phone and I tried to get it back. In the police report, it... View More

Scott Scherr
Scott Scherr
answered on Feb 21, 2024

Yes, these things can make difference on whether the State decides to prosecute and any defenses that you may have in the case. I suggest that you retain counsel to represent you given the nature of the charges.

1 Answer | Asked in Real Estate Law for Maryland on
Q: I am one day away from closing on a home, but no longer wish to move forward with the purchase.

What type of penalties might I face or right to back out at this point in the process?

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

The obvious one is forfeiture of your earnest money deposit (EMD). It is possible you would be sued to specifically enforce the contract and force you to buy it, but that is a long expensive suit that will tie up the sale until it’s over and the seller would prefer to just sell their home—so... View 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.