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Maryland Questions & Answers
1 Answer | Asked in Health Care Law and Personal Injury for Maryland on
Q: My grandma lives in an elderly care facility and she falls at least twice a year. Can we sue for negligence?

Her most recent fall was yesterday. She's had other falls that she's need stitches for as well.

John Mesirow
John Mesirow answered on Nov 23, 2020

You would have to provide a lot more information for a personal injury lawyer to be able to make even a preliminary determination. The hard truth is that elderly people fall frequently, without anyone being negligent. There are lawyers who handle a lot of nursing home negligence cases (I'm not... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Maryland on
Q: Which percentage of the extraordinary medical expenses do I pay since my child support order has recently changed?

I was paying 73% of the extraordinary medical expenses for my kids. On 2 November it was lowered by the court to 54%. My ex sent me a bill on 5 November for September and October medical expenses and said I owed 73% since that was what the percentage was in September and October before it was... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 21, 2020

73%. Look at this way, do you want to be the parent who argues over needed medical treatment for the child and who pays it? If you wind up paying more than you think you "should" focus on the fact your child needed care.

2 Answers | Asked in Estate Planning for Maryland on
Q: My husband died with no will, he was left most everything from his mother, if she passes do I his spouse receive it?

He has 2 grown daughters, and the will does not specify anything. I am in Maryland

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 19, 2020

It is not possible for any attorney to predict what someone might inherit in the future from a now living former mother-in-law because that person could change their estate planning anytime until they die.

In the event that any property is at some point disbursed in the name of your late...
Read more »

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Looking to obtain any advice on how to handle a largely complicated traffic matter that has accumulated over 20 years.

I've never held a MD driver's license. However, my license has been "suspended" since 2000. As a result I have $1300 in fines and 8 points. But have never had a license....

I was cited for driving on suspended 01/17/2020. Scheduled for hearing 12/28/2020 due to covid... Read more »

Mark Oakley
Mark Oakley answered on Nov 19, 2020

Points only stay active on your driving record for two years from the date of the violation. The MVA sends a notice of suspension or revocation based on point accumulation within any two-year period of 8, 12 or more points, or conviction of certain serious traffic offenses (like DUI). Unless you... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: In Maryland, does estate need to go into probate for a $250,000 house that had deceased mom's name on the deed?

I am administering the estate for my father-in-law and I was named as the executor in his will. PG County granted me special administrative rights so that we could complete the sale of his house. The house went under contract before he passed and sold after he passed -- his will states that his... Read more »

Mark Oakley
Mark Oakley answered on Nov 18, 2020

Your father-in-law became the sole owner of the property when his wife died (assuming, as is normal, he owned the house as "Tenants by the Entireties" with his wife). When he died, ownership of the house immediately vested in the estate, meaning the only person authorized to close on the... Read more »

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My exwife' sincome increased by $43K from the previous year. Do I have a case to have my child support revised?

Our original agreement was to review income every year and adjust but since she has had an increase of $43K from the previous year she does not believe that we should use last years income but a projection of what she will make.

Mark Oakley
Mark Oakley answered on Nov 16, 2020

Of course you have a basis, as it is stated in the agreement you both negotiated, signed and bound yourselves to follow. Have a lawyer run the guidelines based on the new income figures, send a demand over to adjust the amount, and if there is a court order currently in effect setting forth the... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a Maryland pbj be expunged after the probation if the probation is only a year with no violations?
Mark Oakley
Mark Oakley answered on Nov 16, 2020

The expungement statute provides that you are absolutely entitled to expunge only after 3 years, but gives the court discretion to grant an expungement earlier for "good cause." So, you will need to file a motion setting forth good reasons why you should get the benefit of an expungement... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Thank you, does the estate have to be reopened for the PR to sell the home? It is currently closed.

Thank you for answering my last question. The estate is currently closed and has gone through probate and was closed many years ago.The personal representative's lawyer sent a letter certified mail saying that if the heir living in the home does not willingly agree to sell the home as an heir... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

My prior answer stands. The answer depends on whether the estate is open and who is in title on the home. If this is related to the other question I saw in which a probate was closed many years ago in PG County but the house was not transferred, then it may be necessary to reopen the probate to get... Read more »

1 Answer | Asked in Real Estate Law and Probate for Maryland on
Q: How long would the process take of making a complaint for the sale in Lieu of Partition in Prince George's county, MD?

An elderly disabled person is being forced out of his home that he lived in all of his life by the personal representative. The home had been closed with probate many years ago, and it's still closed, but the personal representative has now decided to sell the home after all this time. The... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

Your posting does not provide sufficient information for a reliable response, and I suggest that you review all of the facts with counsel during a consult. If the house is titled to the decedent, and there is an open estate with a qualified PR, there is no need for a complaint for sale in lieu of... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: In Maryland, if the PR closed an estate 17 years ago without selling it can she reopen it easily at this time to do so?

I would like to please know how unique this situation is where the personal representative went through probate 17 years ago, closed it and now wants to sell the house in 2020 and it is still in closed status. She has filed an updated letter of Administration. She has not taken the deceased... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 15, 2020

It's going to take a bit of time, particularly if the property is in PG County. The quarantine has hit the Recorder of Deeds fairly hard, and the backlog seems to be a couple months on recording. The Register of Wills Offices across the state are closed and documents are being filed by remote.... Read more »

2 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: Adverse Possession Can You Adverse Possession Two Campuses And And The Whole Two Campuses With Different Buildings.

And And Can The Land Be Just Adverse Possession Regardless Of The Buildings Of The Two Campuses.

Richard Sternberg
Richard Sternberg answered on Nov 13, 2020

By “campuses,” I’m going to assume you are referring to the common use of the word referring to the collected buildings of a university, college, or other openly used area of property in which a large community collects for an educational or other purpose. If that is so, then you are there... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: In Maryland, what is a recommended transaction structure for acquiring fee simple ownership of commercial property?

Buyer wants to acquire property to use as an office in Oldtown, MD (Allegany County). The buyer wants to own the property in fee simple. I know that installment contracts give legal title to the seller (vendor) and equitable title to the buyer (vendee). But besides installment contracts, I could... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 13, 2020

I'm not sure what you are asking. An installment sales contract -- or one of another half dozen or so types of documents -- is the contract describing the transfer. It does not transfer title. That is accomplished in a closing. The name of the title recipient is often specified in the... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: In the process of moving the landlord has placed a lock on the door which prevents me from cleaning an removal of items

She is claiming abandonment when I was in the middle of cleaning and removing my personal items and refuses to remove the lock until final utility bills are paid all final bills have been sent to me under my name and arrangements to pay have been made. Is this legal? Can she hold the process... Read more »

Leonard A Englander
Leonard A Englander answered on Nov 13, 2020

Hi there,

Nope, that's probably not legal. A Landlord is not allowed to hold your items hostage. I would contact an attorney ASAP, as the devil is often in the details.

Good luck!

3 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: Is Adverse Possession And And Squatting Two Different Things And Is Lottering Trespassing Breaken In Entey ( BNE )

The Same As Or As In Squatting Or Adverse Possession

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2020

Squatting is a slang term for the legal status of Adverse Possession. Anything to do with Trespassing is not Adverse Possession because the Defendant is cognizant that someone else is entitled to exclusive possession of the premises.

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1 Answer | Asked in Real Estate Law, Consumer Law and Collections for Maryland on
Q: How can I get a lien removed against my home?

In 2008 my home had a lien put against it due to a credit card debt with Citibank. In 2017, I tried to show a bank that I paid off the debt but Citibank has no record of the account. I was still able to get a loan despite the lien but in the future this will still be a problem especially if I... Read more »

Leonard A Englander
Leonard A Englander answered on Nov 12, 2020

In that case, you will likely want to retain an attorney to reach out to the firm on your behalf to see what can be done.

Best,

-Leonard

1 Answer | Asked in Car Accidents for Maryland on
Q: Can a lawyer put a lein on a settlement after he had been fired for not doing hes job and settling the case i did it

I had to go get medical bills, dr.reports, and contact the insurance company myself they tried for almost a year to settle case that being the insurance company but they could not get nothing from this worthless lawyer.

Mark Oakley
Mark Oakley answered on Nov 12, 2020

By statute, a lawyer has a lien for the reasonable time and costs expended on a personal injury claim. That lien will be enforceable against the insurance company, another lawyer who settles the case, and against the client who receives proceeds. The amount of the lien may be challenged. The lawyer... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: if a syringe is found on my person, but never used..is that still considered as administering equipment

a traiffic stop and pulled over said they found and empty capsule and vile as well as a never used before needle

Mark Oakley
Mark Oakley answered on Nov 12, 2020

None of these items alone are illegal. There must be some basis to connect them to illegal drug use. Usually these offenses are supported by evidence of illegal drug residue or proximity to drugs. Chemical analysis is required to prove the residue or alleged drug substance is in fact illegal drugs.... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Are Denton md courts giving jail time for driving without a license and speeding during this epidemic?

This is the 3rd offense on 2 years

Mark Oakley
Mark Oakley answered on Nov 12, 2020

Any judge in any county might do so, if that seems to be the only way you’ll get the message and stop driving without a license. The prior two convictions and sentences didn’t send the message. A judge will have to seriously consider that you will not get the message this time either. It’s... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: In a civil conspiracy lawsuit, does the statute of limitations begin when the conspiracy occurred

Or when the victim discovered it had happened?

Mark Oakley
Mark Oakley answered on Nov 11, 2020

The later of: (1) date the plaintiff suffered harm or damage; or (2) the date the plaintiff discovered, or should have discovered in the exercise or ordinary diligence, that they suffered harm or damage. A civil conspiracy is a combination of two or more persons by an agreement or understanding to... Read more »

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Maryland on
Q: I paid for a horse out of state and then the sale got canceled, the seller has not refunded my money

I was a buyers agent for a gentleman in Texas, I found him a horse in Tennessee to purchase.

The buyer paid me and I paid the seller for the horse, shipping was arranged.

My buyer found out some personal news and had to cancel the sale. I have refunded the buyer his money already,... Read more »

Mark Oakley
Mark Oakley answered on Nov 11, 2020

You're going to need a lawyer in Tennessee, where the seller and horse are located. You, or your principal, may be bound to the purchase of the horse. Why as the agent you took it upon yourself to reimburse out of your own pocket the buyer's money, after the seller had received the... Read more »

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