Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Maryland Questions & Answers
4 Answers | Asked in Civil Litigation, Probate, Libel & Slander and Personal Injury for Maryland on
Q: What can I do if I was falsely claimed deceased in my mother's will?

In 2018, my mother passed away, and I recently discovered in April 2025 that she and her granddaughter falsely claimed I was deceased in her will and estate documents. As a result, I was not named in the will, and my mother stated she had no children. The estate has already been probated and... View More

Mark Oakley
Mark Oakley
answered on Apr 11, 2025

When was the estate opened? When did you become aware there was an estate opened? When was the estate closed? 2018 is 7 years ago. If the estate is now closed for several years, and if you knew that your mother had passed away and that an estate was opened before the estate closed, then you... View More

View More Answers

4 Answers | Asked in Civil Litigation, Probate, Libel & Slander and Personal Injury for Maryland on
Q: What can I do if I was falsely claimed deceased in my mother's will?

In 2018, my mother passed away, and I recently discovered in April 2025 that she and her granddaughter falsely claimed I was deceased in her will and estate documents. As a result, I was not named in the will, and my mother stated she had no children. The estate has already been probated and... View More

Richard Sternberg
Richard Sternberg
answered on Apr 11, 2025

If the Will was probated in 2018, you might be too late, but there is a chance that notice was improper or there is some other excuse for delaying seven years after her death to notice her absence. Then, it will be important to examine the Will and the facts. If your mother's intent was to... View More

View More Answers

3 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Personal Injury for Maryland on
Q: How can I toll the statute of limitations for filing a claim related to a failed retaining wall due to faulty engineering plans?

I am approaching the statute of limitations deadline of May 7, 2025, for filing a claim related to a failed retaining wall due to faulty engineering plans. The Professional Engineer Commission recently found the engineer's plans faulty, and he settled with them directly. I received this report... View More

Richard Sternberg
Richard Sternberg
answered on Apr 10, 2025

You toll the statute of limitations by filing the lawsuit providing adequate notice of the claim. This late, the defendants' best move is to pretend they have no problem with your delay in making the claim. Once you miss the deadline, they will move -- successfully -- to dismiss your case.... View More

View More Answers

2 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: Can I travel to Turkey with a resolved misdemeanor charge?

I am a U.S. citizen with a resolved misdemeanor charge involving my stepdaughter. Before this, I had no prior legal issues. I previously traveled to the UK in February without any problems. I am now planning to travel to Turkey and want to know if I might face any difficulties due to this charge.... View More

Scott Scherr
Scott Scherr
answered on Apr 5, 2025

If you are on supervised probation, you need permission from your probation officer or the judge to leave Maryland. This is a standard condition of supervised probation. You will also need to see if there any restrictions in being allowed into Turkey with a conviction which depends on the laws... View More

View More Answers

2 Answers | Asked in Real Estate Law, Tax Law and Estate Planning for Maryland on
Q: Citation for Maryland Code tax exemption in property transfers to revocable trust.

I need to find the correct citation for the Maryland Code that exempts property transfers from transfer and recordation tax when moving a property from a grantor to a revocable trust where the grantor and the trustee are the same person. This information is needed for inclusion in a warranty deed.... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 2, 2025

State transfer tax exemptions are contained in section 12-108 of the Tax Property article of the Maryland Annotated Code. State recordation tax exemptions are contained in section 13-207 of the same article. Local transfer tax codes will vary from county to county. Yes, some jurisdictions in MD... View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Maryland on
Q: Can an eviction proceed before emergency assistance is processed?

I have an eviction scheduled for nonpayment of rent, but I have applied for emergency assistance, which is still being processed. I received a warrant of restitution, but my landlord never provided me with a copy of the eviction notice. My landlord is aware of the assistance application and has... View More

Leonard A Englander
Leonard A Englander
answered on Apr 1, 2025

Unfortunately, the answer is yes. The eviction can proceed. Sometimes the landlord might try to delay it or otherwise work with people so that they can get their money, but if they wish to proceed, they are fully within the law to do so.

View More Answers

3 Answers | Asked in Business Law, Contracts, Bankruptcy and Real Estate Law for Maryland on
Q: What lawyer needed for family business dispute over asset paid by business?

I started and operated a family business, but my relatives put everything under their name. There were good faith agreements but no written contracts. I was listed as the manager with full qualifications, and I managed operations for 10 years. They were not qualified or present for operations. I... View More

Mark Oakley
Mark Oakley
answered on Apr 1, 2025

If you want to sue them for the business assets, i.e., the house, then you're going to have a statute of limitations problem on your claim for waiting for 7 years after the business was closed and filed for bankruptcy, and potentially an issue with the bankruptcy court, since it sounds like... View More

View More Answers

2 Answers | Asked in Business Formation and Business Law for Maryland on
Q: How can I keep my home address private for a Maryland sole proprietorship?

I'm planning to start a sole proprietorship in Maryland, providing video production services from my home. I deeply value privacy and want to keep my home address private. The filing website mentions that a P.O. Box cannot be used. Can I use a registered agent to maintain my privacy? Are there... View More

Mark Oakley
Mark Oakley
answered on Mar 31, 2025

You need a real address for the principal office. It does not need to be your personal residence. Obviously, that means you need to arrange for another address. If you have a friend or colleague willing to let you use their existing office for the purpose, basically a mail drop for you, that’s... View More

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can a parent be forced to pay for daycare used by the other parent in a 50/50 custody arrangement?

I have a 50/50 custody agreement with my child's other parent, where we have 3 days on and 3 days off. The child's mother uses daycare for her custodial days because of her work requirements. However, I do not need daycare during my custodial days. There is no provision in our custody... View More

Mark Oakley
Mark Oakley
answered on Mar 31, 2025

A court can always modify a child support agreement in accordance with the Maryland Child Support Guidelines, which are mandated by statute and generally cannot be waived by agreement of the parents. So either parent can go to court to modify an agreed child support arrangement using the... View More

View More Answers

2 Answers | Asked in Business Law, Consumer Law, Real Estate Law and Tax Law for Maryland on
Q: Can I legally use a decommissioned ambulance as a personal vehicle in Maryland?

I live in Maryland and want to own and operate a decommissioned ambulance as a personal vehicle, possibly converting it into a camper van. I'm concerned about the legality, insurance, and registration requirements for such a vehicle. Are there any laws in Maryland preventing this, and what... View More

Mark Oakley
Mark Oakley
answered on Mar 31, 2025

Yes, you can register and drive a de-commissioned ambulance as a used truck. You must remove all emergency lights and logos/wording/markings designating it as an emergency vehicle (the words “emergency,” “EMS,” crosses, etc.). You should check with the MVA whether anything else must be... View More

View More Answers

2 Answers | Asked in Civil Rights and Gov & Administrative Law for Maryland on
Q: Concern about legal trouble when emailing former friend after years without contact in Maryland.

I live in Maryland and want to send an email to a former friend whom I haven't contacted in years after she blocked me. I want to apologize, wish her well, and discuss something personal to get it off my chest. I'm concerned about potential legal repercussions like being charged with... View More

Mark Oakley
Mark Oakley
answered on Mar 26, 2025

Civil or criminal harassment is defined as a pattern of repeated contacts or communications that seriously annoys another person. A single communication does not qualify. I assume this person did not previously file for a restraining order or pursue criminal charges against you; however, if my... View More

View More Answers

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Am I at fault for turning right on a red light without signs prohibiting or requiring a stop?

I received a traffic ticket for allegedly violating Maryland State Law Transportation Article Section 21-202.1 by making a right turn at a red light without stopping. The intersection at New Hampshire Ave and Holton Ln did not have any signs prohibiting turns on red or requiring a stop before... View More

Mark Oakley
Mark Oakley
answered on Mar 26, 2025

Yes, you are at fault. ALL red lights require a full stop, even those where by law you are allowed to make a right turn. The right turn is allowed after you stop. You were treating a right turn on a red light as if you had a green right turn arrow. That isn't the law.

View More Answers

3 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: HOA requests removal of fence on HOA property after 27 years. What are my rights in Maryland?

I received a written request from my HOA asking me to remove a fence that has been on HOA property for 27 years. I have been maintaining and upkeeping the fence all this time, but there was no original documentation or agreement regarding its installation. We have not had any prior disputes with... View More

Richard Sternberg
Richard Sternberg
answered on Mar 25, 2025

Your question leads to many projected answers, but mostly to more questions. It is plausible that they have interpreted the HOA rules wrong after 27 years, or that you have rights from a prior version of the same rules. There are adverse possession issues, unless the claim is undercut by missing... View More

View More Answers

3 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: HOA requests removal of fence on HOA property after 27 years. What are my rights in Maryland?

I received a written request from my HOA asking me to remove a fence that has been on HOA property for 27 years. I have been maintaining and upkeeping the fence all this time, but there was no original documentation or agreement regarding its installation. We have not had any prior disputes with... View More

Mark Oakley
Mark Oakley
answered on Mar 26, 2025

Obviously, you would like to leave the fence where it is.

First, you need to look at your HOA governing documents and covenants filed in the land records, or better, have a lawyer do so, and review issues relating to the right to claim adverse possession over common community property of...
View More

View More Answers

1 Answer | 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

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 24, 2025

That sounds like a very challenging situation. Unfortunately a tow company often has the legal right to charge per day fees for vehicles they legally tow, even though on a personal level such fees may work a significant financial hardship.

You might consider reaching out to the Maryland...
View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Seeking pro bono custody assistance in Maryland for seeing children.

I am seeking assistance in Maryland for a custody issue concerning my children and need a pro bono family lawyer. The father currently has the children and is not allowing me, the mother, to see them, and we were never married. Are there specific legal aid organizations or programs in Baltimore... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 24, 2025

Maryland Volunteer Lawyer Service (MVLS) offers legal assistance through volunteer attorneys to persons of limited means. You can contact MVLS through their website https://mvlslaw.org/free-legal-help/ or by phone at 410-547-6537 (Mon-Thurs).

Additionally, the Circuit Courts offer pro se...
View More

4 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Finding exemption codes for deed transfer in Maryland from mother to son

I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

Richard Sternberg
Richard Sternberg
answered on Mar 24, 2025

Have you considered the effect of losing the income tax benefit of stepped up basis before worrying about the exemption code for the recordation tax? You really need to consult a lawyer or, at least, a CPA, to determine whether you are exempt from all taxes. You might be, but your focus on a... View More

View More Answers

4 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Finding exemption codes for deed transfer in Maryland from mother to son

I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 24, 2025

Deeds in Maryland usually trigger state transfer, recordation and county transfer taxes. The Maryland Annotated Code, Tax Property article, section 12-108 lists exemptions from state transfer tax. Exemptions from recordation tax are listed in 13-207. County transfer tax exemptions vary... View More

View More Answers

4 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Finding exemption codes for deed transfer in Maryland from mother to son

I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

Mark Oakley
Mark Oakley
answered on Mar 25, 2025

I agree with the other two answers. I am adding this additional response so that you can undertand some of the tax consequences and reconsider what you are doing so as to avoid those extra taxes.

When a person sells their property during their lifetime, they may realize a capital gain,...
View More

View More Answers

3 Answers | Asked in International Law, Real Estate Law, Gov & Administrative Law and Probate for Maryland on
Q: Distribution of Bangladeshi property and bank accounts for US citizen father's estate with minor US citizen children involved.

My father was a Bangladeshi citizen by birth but later became a US citizen through naturalization. He passed away in the USA and left behind real estate, land properties, and bank accounts in Bangladesh. He has minor children who are US citizens. There is no will, and legal proceedings have been... View More

Mark Oakley
Mark Oakley
answered on Mar 22, 2025

His overseas assets will be distributed according to the law of the country where those assets are located. Therefore, you will need to locate a lawyer in that country and open an estate there to pass ownership to his children, assuming that is who inherits under the laws of Bangladesh.

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.