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Maryland Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Maryland on
Q: Can I meet the medical examiner to discuss my son's autopsy findings in MD?

I am seeking to correct my deceased son's findings after his passing but have been denied access to his autopsy report. It's been 21 months since his passing, and I have not been able to meet with the medical examiner to discuss or understand the findings, despite disagreeing with their... View More

Mark Oakley
Mark Oakley
answered on Apr 20, 2025

Autopsy reports are public records, and unless there is an ingoing investigation, such as in a criminal case, they may be obtained by formal request. The request process is set forth here:

https://health.maryland.gov/ocme/Pages/Autopsy-Reports.aspx

The link to the site above also...
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1 Answer | Asked in Animal / Dog Law and Contracts for Maryland on
Q: Do I have legal grounds to keep a dog I've cared for over 2 years under an initial temporary arrangement?

I've been in possession of a dog for over two years, initially under a temporary arrangement with the original owner, who was supposed to retrieve him after fixing her yard. Since then, I've solely cared for and financed the dog's needs without any interest from her, apart from a... View More

Mark Oakley
Mark Oakley
answered on Apr 20, 2025

In Maryland, and perhaps also in Pennsylvania (I am not a lawyer in PA) pets are considered property. You can only obtain as good legal title to property as the person you got it from had. I. Your scenario, if the person who entrusted their dog’s care to you had full legal title, meaning no other... View More

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for Maryland on
Q: What are the legal consequences of a neighbor making verbal threats to harm me in Maryland?

I've been receiving numerous verbal threats from my neighbor, who has repeatedly threatened to knock out my teeth and lights. My roommate has witnessed these threats on several occasions, and there have been about a dozen incidents overall. I am trying to find information about the legal... View More

Mark Oakley
Mark Oakley
answered on Apr 18, 2025

MD Code, Criminal Law, § 3-803. Harassment.

Prohibited

(a) A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

(1) with the intent to harass, alarm, or annoy the other;...
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2 Answers | Asked in Child Support, Civil Litigation and Family Law for Maryland on
Q: How can I enforce a 1992 child support order in Maryland after 30 years of unpaid support?

In 1992, a court ordered the father of my two children to pay child support, but I have not received any payments for over 30 years, except for a one-time payment of $300 when he was released from jail to avoid losing his driver's license. He's recently inherited money from his parents.... View More

Mark Oakley
Mark Oakley
answered on Apr 20, 2025

Generally speaking, a court order for unpaid child support first needs to be enforced by bringing a motion to enforce the order, which requires the court, based upon the evidence of nonpayment presented, to calculate the total amount of the child support arrearage. That amount is then reduced to a... View More

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2 Answers | Asked in Child Support, Child Custody and Family Law for Maryland on
Q: How to stop child support after child graduates & turns 18 in MD?

I am a divorced father in Maryland and have been paying child support for over 13 years, with shared 50/50 physical custody of my two children. My eldest child is 19 and in college, while my youngest will turn 18 and graduate high school in May 2025. The other parent is aware of my intention to... View More

Mark Oakley
Mark Oakley
answered on Apr 18, 2025

Unless there is an earnings withholding order served on your employer that is automatically garnishing your pay to cover your child support obligation which you need to terminate, you simply stop paying as soon as your child turns 18 or graduates high school (whichever is later). No petition to... View More

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3 Answers | Asked in Estate Planning, Probate and Tax Law for Maryland on
Q: Steps to transfer a home from a trust to a single beneficiary in Maryland.

My wife's mother passed away last year, and her trust includes a home near Solomons Island, Maryland, with five beneficiaries. The executor managing the estate, along with all beneficiaries, agrees to give the home to a single beneficiary. We want to ensure that this transfer happens smoothly... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 12, 2025

The post mentions both an executor, an estate and a trust. While it might be tempting to think of all of these things as the same (they all help pass property from the person who died to the beneficiaries), from a legal standpoint they are quite different. If the property is in a Trust, it will... View More

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3 Answers | Asked in Estate Planning, Probate and Tax Law for Maryland on
Q: Steps to transfer a home from a trust to a single beneficiary in Maryland.

My wife's mother passed away last year, and her trust includes a home near Solomons Island, Maryland, with five beneficiaries. The executor managing the estate, along with all beneficiaries, agrees to give the home to a single beneficiary. We want to ensure that this transfer happens smoothly... View More

Mark Oakley
Mark Oakley
answered on Apr 12, 2025

Maryland’s 10% Inheritance tax only applies to non-spouses, non-lineal heirs and ancestors, and non-siblings. So, for instance, if the beneficiary receiving title to the house is a child of the deceased grantor of the trust, then there is no inheritance tax. In addition, assuming the grantor of... View More

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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.

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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...
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