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Maryland Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: I have custody grandson Visits have be agreed on with parents Bc of Covid19 do I have to allow visits during this time?

Grandson is 3, I have Sole/physical custody. Mom has stayed away to prevent any spread germs but his dad still wants a weekly visit

Elizabeth Pugliese
Elizabeth Pugliese answered on Apr 1, 2020

The Maryland Stay At Home Order specifically states that travel is permitted pursuant to any court order. If the access is court ordered, it must be allowed to go forward.

1 Answer | Asked in Family Law for Maryland on
Q: How can I find out if my sister has power of attorney over my 91 year old grandfather&what kind of POA she may have?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

While family may have a natural desire to know what planning documents an elderly relative has in place, those details are private and there is ordinarily no obligation for a grandparent (or other planner) or the person named as attorney-in-fact to reveal the details to any other relative.... Read more »

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: Neighbor claims Right-of-Way, and blocks back yard driveways. How can I find out who legal owner of the road is?

He made another neighbor cut off about a two-foot section of their driveway because it was on his road. He is refusing access to this road. It is classified as a Right-of-way. He says he has a lawyer and is trying to make neighbors sign a form saying they will remove all encroachments and not... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

To the question "How can I find out who legal owner of [a particular road or property] is?" A survey and/or a title search can usually answer the question. A title search goes through the land records and can reveal whether someone lawfully owns X sq. feet of land or show whether or not there... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Is it unlawful for an employer to provide a false reason for placing an employee on administrative leave?

On March 16th, I was informed that members on my team have been laid-off/furloughed due to the epidemic. On March 19th, using my employers Ethics and Compliance Reporting Hotline, I submitted a report of racial discrimination for an issue that had been occurring for several months. The next day,... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 31, 2020

It's not entirely clear what the substantive difference between being on administrative leave and laid off/furloughed would be in this situation. Also, if the entire building was laid off prior to the complaint (or leave request?) being made, it might be difficult to establish a case of... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: i am trying to find out in the state of MD how much a broker is allowd to charge on a residental purchase of a property
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

Whatever the broker and the property owner agree to. Maryland law does not mandate any kind of brokerage commission for private sales, though there usually are reasonable and customary "norms." If you call several brokers you will probably get a pretty good sense of the normative range (e.g.,... Read more »

1 Answer | Asked in Criminal Law, Tax Law, Traffic Tickets and Civil Litigation for Maryland on
Q: Can I be sued for emailing a company factual statements about about their future employee?

I emailed the company about this person’s character

Eric Todd Kirk
Eric Todd Kirk answered on Mar 30, 2020

The essence of defamation is spreading untrue things about individuals that harm them. Truth is always a defense in any defamation action.

2 Answers | Asked in Traffic Tickets for Maryland on
Q: I got three tickets at once, one was TA.21.901.2 {aggressive driving} also TA.21.800.1{Speeding} and TA.21.309.B

the last one was for changing lane unsafe. Does the speeding and change of lane meet the critera for aggressive driving? Should it be three violations?

Lee Eidelberg
Lee Eidelberg answered on Mar 30, 2020

Yes, aggressive driving requires three (3) underlying violations. Speed and lane change are only two of the requisite 3 violations necessary for an aggressive driving charge.

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: I paid all of child support & child is now in late 20s. How long do I need to keep the records proving I paid?
Mark Oakley
Mark Oakley answered on Mar 29, 2020

While generally the statute of limitations is three years to sue for non-payment of a debt, with child support you are dealing with a court judgment or order, and in theory, the payee parent could attempt to enforce the child support award for up to 12 years (although the 12 year limitations really... Read more »

2 Answers | Asked in Libel & Slander and Civil Litigation for Maryland on
Q: Can I sue in Maryland for loss wages, attorney fee, emotional distress, slander, etc

Hi. I’m a 22 year old female who’s life was flipped

Upside down. My ex charged me with theft over 100k, embezzlement, and theft scheme after I broke up with him. I was indicted, arrested, and two years later my case was nolle prosequi.

My ex never told the state’s attorney... Read more »

Mark Oakley
Mark Oakley answered on Mar 29, 2020

Yes, you can sue. There are recognized "causes of action" that provide the legal basis for a recovery of damages (even though there may be several such grounds, you can only recover one set of damages). It's not so much proving the amount of damages, but collecting them if the defendant does not... Read more »

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1 Answer | Asked in Employment Law, Workers' Compensation and Gov & Administrative Law for Maryland on
Q: My job description/classification in HR does not reflect job scope or duties. This has prevented access to benefits.

I was hired under an open job position, to quickly get me in the door with the understanding that I would be quickly reclassified as I established myself in the company. I have been made to apply for the job I am already performing several times, and have been told that I do not qualify. I received... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 28, 2020

The question raises several issues, and requires more facts and discussion to fully answer. Generally speaking, entitlement to union benefits (or eligibility for membership) depends on the applicable CBA scope. There are federal (FMLA and the recent COVID-19 changes) and Maryland (sick/safe... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: Does Section 11.114 of the Maryland Condo Act exempt my Condo Association from covering the repair cost to my floors?

My hardwood floors sustained substantial damage from a water leak that originated in the heating system. My condo unit is only 10 years old. The repair/replacement cost is approximately $18 grand and my condo association is taking the position that they are not responsible for the cost because the... Read more »

Richard Sternberg
Richard Sternberg answered on Mar 26, 2020

Have you filed a claim with your homeowners insurance? For $18,000, which you can easily pay counsel to try a case on whose responsibility is primary, you ought to let the two insurance carriers battle it out. They will usually do that in an abbreviated arbitration proceeding to which you won't be... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: Can a police take your car for having crack in the windshield
Tim Akpinar
Tim Akpinar answered on Mar 25, 2020

A Maryland attorney is best qualified to answer your question, but your post remains open for four weeks. As a general matter, if an officer determines that a vehicle poses a threat to its occupants' safety or the safety of other motorists, they probably could. It would depend on the severity of... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Maryland on
Q: If I have an H-1B visa, but my employer puts me on unpaid leave and keeps my employment, what happens to my visa status?
Hector E. Quiroga
Hector E. Quiroga answered on Mar 25, 2020

If you are still an employee, then you should still be in compliance with your visa.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: When do you produce reference letters? At the hearing or with the initial filing?

Custody case

Elizabeth Pugliese
Elizabeth Pugliese answered on Mar 25, 2020

"Reference letters" presumably letters from friends and neighbors about the issues are not admissible in court. They are considered hearsay. There must be live testimony.

1 Answer | Asked in Family Law for Maryland on
Q: Im trying to get into college but I’m being asked so many questions I don’t know how to answer.

My mom passed away in 2011, in her will she left me with my uncle, his wife physically abused me for years at 18 I left the house. And I have no contact with my father what so ever. I don’t know what I’m considered... independent or not ?

Mark Oakley
Mark Oakley answered on Mar 25, 2020

You declare yourself independent and file your own tax returns declaring your personal exemption against a income taxes owed. That’s it. If you lived more than six months outside your aunt and uncle’s residence, and can prove it, that should establish it as well.

1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Q: So in the state of maryland I can film anything from public property? That would mean there's no expectation of privacy?
Mark Oakley
Mark Oakley answered on Mar 25, 2020

“Film anything from public property”—no, if by that you mean peering into the interior spaces of someone’s home through their windows or into areas where there would be a reasonable expectation of privacy. It does not matter that you happen to be standing on public property if you are using... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: My dog walked onto my neighbor's property. I went to get her & my neighbor used his cell phone to audio rec me

I told him numerous times that I didn't consent to be recorded and he ignored me and continued recording is that illegal in Maryland?

Mark Oakley
Mark Oakley answered on Mar 25, 2020

In MD, video recording in public is allowed regardless of consent, while audio recordings require consent of both parties. Most cell phones record both, so theoretically, if you could prove your neighbor recorded audio of you, there may be a violation. In a court proceeding, illegally recorded or... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Can my job refuse to reemploy me because I enlisted in the US ARMY. I gave my resignation and sent copies of paperwork.

I gave my job my notice of resignation due to enlisting in the US ARMY. I just found out that my ship out date was pushed out to at least May 19 due to the coronavirus. I was only able to give them a one week notice due to the original date being 3/24/20. When I tried to ask if I could back to work... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 24, 2020

On the limited facts given, USERRA would seem to apply to this situation, and might protect the right to reinstatement following the change in ship out date. However, you'd need to discuss all the facts and circumstances with an attorney. It might be a situation where hiring an attorney to talk... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: How can I find out the contents of the will of an elderly parent who is still living but will not reveal the contents?

There is a deceased spouse who is also joint owner of the will and three adult children are the beneficiaries. The main asset involved is a house that has been paid off.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 24, 2020

Maryland law allows planners to maintain absolute control and privacy over their own Wills -- so long as they are living there is no obligation whatsoever to disclose the contents to anyone else.

Wills are typically (though not always) stored in the Register of Wills' vault - the Register...
Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I hold a buyers agent liable for fraud in Maryland real estate transaction?

I sold home in Md in May 2019. Buyer agent fraudulently advised buyer to get out of contract using HOA Docs disclosure law when there was no buyer complaint with docs. Buyer home inspection showed serviceable roof with 3 minor issues. Buyer requests roof replacement. I refused and said would... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Mar 24, 2020

The HOA contingency operates regardless of intention. But having accepted a new deal, and closed on that new deal, you are likely estopped from claiming any damages against the purchaser and the former agent. The HOA contingency is a well-known "out" to a contract.

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