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Maryland Questions & Answers
1 Answer | Asked in Animal / Dog Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: I am being sued because my dog bit someone else's after getting out and need to know my options

I had a cousin staying with me temporarily while getting back on his feet after moving back to our home state he was very informed about the fact they my dog is reactive and has dog on dog aggression I keep signs posted I keep two out of three of my property gates permanently sealed to have the... View More

Scott Scherr
Scott Scherr
answered on Feb 7, 2025

If you have homeowner's insurance, you should report the claim to your carrier and they should cover the claim. They would hire an attorney to defend you and pay any judgment that is rendered.

If not, your cousin may jointly and severally liable and you could sue him for...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am having trouble with my landlord in pg county regarding being unlicensed for years without my knowledge since 2021

also she was increasing the rent during this period and the property is in need of major repairs. although she has applied for a new one this month. Do I have to pay rent once DPIE denies her new license?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 3, 2025

Because an online post can only offer general information you may want to talk to a local landlord/tenant attorney regarding your specific situation.

Generally speaking, a landlord in Maryland can increase rents at any lease renewal UNLESS there is a specific local rule that applies. The...
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2 Answers | Asked in Estate Planning for Maryland on
Q: What is the administrator of an Estate allowed for compensation by law?
Mark Oakley
Mark Oakley
answered on Feb 3, 2025

Compensation for either a Personal Representative (a/k/a “executor”) and a “Special Administrator” of an estate is capped by statute, but the amount actually approved by the court is based on a “reasonable” standard. The only time there is a special administrator is when there is no... View More

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2 Answers | Asked in Estate Planning for Maryland on
Q: What is the administrator of an Estate allowed for compensation by law?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 3, 2025

Commission must be approved by the court (or consented to by all heirs) before being paid out but Maryland law sets reasonable compensation as 3.6% of the probate assets over $20,000 (a different percentage applies to the first $20k).

Note that a commission is viewed as income for work...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Cjis code 3-2400 Statute Code: 27.342 x theft 300 plus value in 1997 - closed 2001. Can you explain

I did 60 days on 90

Scott Scherr
Scott Scherr
answered on Jan 28, 2025

You may be eligible to get your record expunged and you should speak with an attorney. In 1997, theft over $300.00 was a felony. The amount for the felony charge has since been increased. It sounds like you were charged in 1997 and your probation ended in 2001. Article 27, Section 342 in the old... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements

In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements associated with the stet and filed a motion to change my stet disposition to nolle prosequi. My question is: do I need to file a separate motion to expunge this charge from my record,... View More

Scott Scherr
Scott Scherr
answered on Jan 27, 2025

You can get is expunged (without filing a motion to change the entry to a nolle prossequi) by filing a Petition for Expungement. The form is online. You are entitled to expungement three years from the entry of the stet.

You have no authority to reopen a stet to enter a nolle prossequi....
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1 Answer | Asked in Traffic Tickets and Municipal Law for Maryland on
Q: What is the law regarding someone parking in front of your mailbox and blocking it for days at a time ?
Lee Eidelberg
Lee Eidelberg
answered on Jan 23, 2025

It depends where you live, particularly if the mailbox is located on your personal property. I suggest you call your local police precinct to report the incident - if there is an applicable law, an Officer can issue a Citation, but that doesn't necessarily mean the car will be moved.... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Buyer for my home dropped out and won't release the earnest money

He had a loan proof and then on settlement day he said the loan was not approved. I have paid alot of money to move out and have the home ready for the new buyer and now its vacant and I'm in limbo waiting for the house to sell. I had to move in with my daughter while my belongings are all in... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jan 22, 2025

Your question says you are in WVA. If this is a Maryland property, with the standard MAR contracts, you have a direct route to resolution via mandatory mediation followed by a lawsuit for any decrease in price, plus your extra carrying charges. But only a lawyer who reviews your documents and... View More

1 Answer | Asked in Personal Injury for Maryland on
Q: I was tackled by a police officer right outside the Walmart entrance for stealing baseball cards.($24) My Hip was Broke.

The office did not identify his self or say Stop. I'm currently in a Medical Rehab center because my Hip was broken do to being Tackled. I've been here 3 weeks and counting.

Lee Eidelberg
Lee Eidelberg
answered on Jan 17, 2025

Are you admitting to committing a crime because there is evidence (eye witness, video surveillance or the like) that you possessed the baseball cards without evidence of payment? While I suppose one might argue that excessive force was used and was unnecessary, it's likely a matter of your... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: I don't know what kind of lawyer I need to get a suicide note unsealed in Mt. Airy Maryland? Please help

Person hanged himself on January 6th and it was determined be a suicide by the coroner. Law enforcement said they seal suicide notes after investigation and that I would need a lawyer to get it unsealed?!

Mark Oakley
Mark Oakley
answered on Jan 16, 2025

Suicide is deemed a criminal offense; therefore, the suicide note is direct evidence in a criminal investgation. Items of evidence in police criminal files are not public records and cannot ordinarily be released, but when they can be released following the closure of the criminal proceedings or... View More

2 Answers | Asked in Estate Planning for Maryland on
Q: I am the sole beneficiary, executor, and holder of healthcare and durable powers of attorney for my 98-year-old mother.

All the above documents were created when she still split her time between the states of Connecticut and Florida, and the documents identify her as a resident of Connecticut. She changed her residency to Florida in 2014. Will her documents be invalid because of this change? I fear showing up to the... View More

Mark Oakley
Mark Oakley
answered on Jan 16, 2025

They should be honored in any state your mother moves to, so long as they were legally created and signed in accordance with the state of origin. That being said, I always advise my clients to make an appointment with an estate lawyer in the state where they relocate, just to be sure their... View More

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2 Answers | Asked in Estate Planning for Maryland on
Q: I am the sole beneficiary, executor, and holder of healthcare and durable powers of attorney for my 98-year-old mother.

All the above documents were created when she still split her time between the states of Connecticut and Florida, and the documents identify her as a resident of Connecticut. She changed her residency to Florida in 2014. Will her documents be invalid because of this change? I fear showing up to the... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 3, 2025

As another attorney noted, planning documents valid when created remain valid when the planner moves.

That said, if the planner is still competent, it can be a good idea to re-do financial Powers of Attorney in the new state, among other reasons because institutions in that state will be...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I live in an apartment complex whose management has been negligent in areas of safety and cleanliness.

There have been multiple car break-ins at our property and there are no security cameras present and the parking lots are not well lit. There are underage students smoking marijuana in the enclosed stairwells, there are rat issues, a homeless individual sleeping in the building's hallways, our... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 11, 2025

All of those conditions sound like a reason to consider moving at the end of a lease term, or possibly attempting to negotiate an early exit (which would require both parties to agree).

Things like a lack of security cameras and insufficient lighting wouldn't ordinarily be a breach...
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1 Answer | Asked in Land Use & Zoning for Maryland on
Q: If an error occurs of property pin placement ( found after 40 years later)can it be grandfathered in?
Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Not enough facts to evaluate. It would turn on an "adverse possession" analysis. The law can be very complex in this area, and is very fact sepcific.

Generally, in Maryland, a party claiming to have adversely possessed property bears the burden of establishing that their...
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1 Answer | Asked in Criminal Law for Maryland on
Q: I need the Annotated Code for Correctional Services,Rule 3-703 for ( Concurrent sentence in foreign jurisdiction )
Mark Oakley
Mark Oakley
answered on Jan 10, 2025

MD Code, Correctional Services, § 3-703 Concurrent sentence in foreign jurisdiction

"Notwithstanding any other provision of this subtitle, an incarcerated individual who serves a concurrent Maryland sentence in a foreign jurisdiction may be allowed diminution credits under this...
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1 Answer | Asked in Contracts, Real Estate Law and Collections for Maryland on
Q: Need Assistance Negotiating Repayment Terms for Condo Fees

I am seeking legal assistance to negotiate repayment terms for back condo fees on a property I own in PG county, Maryland. Due to confusion caused by the condo board's abrupt removal of the property manager, I did not know who to pay, which led to arrears. While I am willing to establish a... View More

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Paying a lawyer to negotiate will cost you money as well. Have you looked at other options, like borrowing the money to pay the back fees, and then just paying the loan payments to whomever you borrowed the money from? Would a bank or your credit union qualify you for a personal loan? An equity... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: How should i answer questions regarding my felony history?

I was found guilty of a felony in Baltimore Co, Md. Once I satisfied my probation/restitution requirements, my judgement was reduced to a PBJ. When applying for an electrical apprentice license in Md, I was asked if I have committed any local/state infractions, and if so to list/explain them. Do I... View More

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

They will perform a background check and it will come up. Therefore, if you do not disclose it, they will treat your answer as either false or misleading, and that kind of dishonesty will likely sink your application. They care more about being honest than they do about an old criminal case where... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Property buyer removed and changed purchase terms and will not resubmit them as requested by seller

Buyer denied seller of property original negotiated terms and details an inserted the new provisions in the final closing purchase contract

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Offer and Acceptance. That's the law. If you offered the buyer a contract on specific terms, and the buyer responded with a contract with different or altered terms, then the buyer is deemed to have rejected your offered terms of sale, and has countered you with a new offer. The ball is not... View More

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: What are the possible damages I can pursue for an Illegal Eviction?

I was illegally evicted without an official court order by the Landlords entire family. I was pregnant, high risk and baby was born preterm as a result.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 11, 2025

It is very difficult to know what, if any, damages may be available without knowing exactly how the eviction was "illegal." A Landlord can lawfully ask a Tenant to leave if the lease is up, or if the tenant doesn't pay, or if a lease term is breached, etc., by giving written... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: If I have a few district and circuit corrupt cases all pbj or stet can I file forms of expungement on all of them at onc

Can I fill out a form for each at the respective courts the cases were held. Some are modifications some original. Last case was 2015 and modified felony to pbj in 2/2021

Scott Scherr
Scott Scherr
answered on Dec 27, 2024

You need to file a seperate Petition for Expungement for each case and file each one in the appropriate court. You can file them all on the same day so long as each one is eligible.

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