Maryland Questions & Answers

Q: My child turned 18, however I have a signed court order from Maryland that states that support continues until he

1 Answer | Asked in Child Support for Maryland on
Answered on Apr 23, 2018
Elizabeth Pugliese's answer
You can take him to court for contempt. Child support should continue collecting through. If he fails to pay, the arrears will accumulate.
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Q: do you still need an atty when spouse passes away leaves surviving spouse everything & jointly own home & bank accts?

1 Answer | Asked in Estate Planning and Probate for Maryland on
Answered on Apr 22, 2018
Richard Sternberg's answer
If everything was planned perfectly, so that you don’t need to file a probate, there might be no need for counsel. Even if there are small omissions, the surviving spouse might do just fine handling the estate pro se. If they need to evaluate the work to be done, a simple one -hour consult with counsel might send them on their way. Most Register of Wills offices are set up to help in small or simple estates.

Reading an answer on the Internet does not create an attorney-client...
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Q: What rights does the buyer have, in MD, regarding proof of (agreed) repairs?They don't want to provide until closing day

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Apr 21, 2018
Richard Sternberg's answer
Get a lawyer to read the contract BEFORE your right to reject under the contract expires, and then call it off. If the Seller doesn’t react by cooperating so you can restore the contract, you missed a bullet.
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Q: What happens if I want to switch jobs while my workers' comp case hasn't been finalized yet?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Apr 20, 2018
Eric Todd Kirk's answer
Not sure what you mean by finalized. It's difficult to envisionany negative consequences for someone looking for work, continuing to work, or starting new work during the pendency of a workers compensation case. Certainly there would be no impact on medical benefits. It could potentially be argued that leaving employment voluntarily might serve to cut off any future temporary partial or temporary total benefits.
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Q: WHAT CAN I DO IF A INSURANCE COMPANY TAKE FULL RESPONSIBILITY OF A ACCIDENT. THEN TURN AROUND AND DENIE THE CLAIM.

2 Answers | Asked in Car Accidents for Maryland on
Answered on Apr 20, 2018
Mark Oakley's answer
You can file suit in court against the person you believe caused the accident. If the judge or jury believes the person is liable, then their insurance company will pay the judgment. If this is just a property damage claim, and you have collision coverage on your insurance policy, then the best option is to turn the matter over to your company and repair your car under your policy.
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Q: Can you get an ignition interlock instead of a suspended license for DUI?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Apr 20, 2018
Mark Oakley's answer
Yes, if the basis for the suspension is alcohol related. This is a very general question, and review of the MVA suspension order would be necessary to properly advise you.
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Q: Does this mean the PR can reinvest stocks in his name? "My PR has the power to invest and reinvest, sell, assign, lease

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Apr 20, 2018
Cedulie Renee Laumann's answer
No.

That kind of standard language simply means the PR can take assets the decedent owned and sell them if appropriate in exchange for other assets. For example, if a decedent owned 1,000 shares in XYZ Corp., the PR could sell those stocks and reinvest them in ABC Corp owned by the estate, or could cash them out and put the money in the estate account or could in the estate's name, buy or sell whatever other asset would make sense. However, any assets belonging to the decedent /...
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Q: It is possible to bring a wrongful death lawsuit on behalf of an unborn fetus in Maryland?

1 Answer | Asked in Wrongful Death for Maryland on
Answered on Apr 20, 2018
Mark Oakley's answer
You mean, the fetus is/will be the child of the person (the father?) who suffered the wrongful death? I would wait until the child is born, then file the suit on the child's behalf. If you mean the unborn fetus was the one who wrongfully died, then there would be other issues, and in Maryland, the law requires the fetus to have lived outside the womb for some period of time --even a few breaths-- in order to be able to bring an estate survivor's action on its behalf. The parents may have a...
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Q: How does a trust when canceled apon my moms death take place An do I need a attorney for this process or trust bank

1 Answer | Asked in Estate Planning for Maryland on
Answered on Apr 19, 2018
Cedulie Renee Laumann's answer
It is unclear why a Will would read "cancelled upon death." If all of the assets were owned by a Trust, then the Trust terms will dictate how long it takes to disburse the assets. Some trusts are written to disburse over a long period of time while others disburse immediately after the death of the original maker (called the Trust "Grantor" or "Settlor")

Generally, you'll need to open up an estate (if an estate is necessary) in the state where the decedent (your mom) was "domiciled"...
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Q: We are bring sued by a DC firm with Heroes, Inc. Our non profit is Carroll County Heroes Foundation. Nowhere the same.

1 Answer | Asked in Copyright, Products Liability, Business Formation and Trademark for Maryland on
Answered on Apr 19, 2018
Mark Oakley's answer
Have they actually filed suit (in which case, you are being sued), or did they merely send a threatening letter? I doubt you are in actual legal jeopardy of losing the word, “Heroes”, from you company name or losing a damage suit in court. My guess is that they are trying to scare you into giving up the word. A lot more goes into tradename infringement than one word, unless it’s a unique brand name like “Google.” Have a lawyer respond with a letter that your use of the word is not an...
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Q: im in md single home, is it legal for anyone to elec. spy on me in my bedroom or bath? thank you

1 Answer | Asked in Divorce for Maryland on
Answered on Apr 18, 2018
Pawnee Ann Davis' answer
Spying with an electronic device where there is a reasonable expectation of privacy and without your consent is illegal. It violates the Electronic Communications Privacy Act--a federal law. It is also illegal under Maryland law. Specifically, Maryland Courts and Judicial Proceedings Section 10-402.
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Q: I am a home buyer who has a ratified contract, I am now not interested in the home and it's a condo? Anyway I can cancel

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Apr 17, 2018
Richard Sternberg's answer
You should have a lawyer review the facts, the disclosures, and the contract as soon as possible. Generally, the disclosures must be given before the contract becomes binding. Delay will hurt you.

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or electronically) and some money has changed hands. Usually, you will have been asked specific questions about your situation...
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Q: File a motion to retry case .. A juror husband was there everyday talking with detective he said “i wish u were a juror”

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Answered on Apr 17, 2018
Thomas Joseph Maronick Jr's answer
The question is whether the husband’s action connoted an impropriety with the juror and the case. I can’t tell from these facts but it is worth looking at. Contact the defense counsel with this ASAP for a potential appeal issue.
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Q: I PAID MY ATTORNEY HIS FEE. I AM NOT HAPPY WITH HIM, CAN I GET IT BACK?

2 Answers | Asked in Criminal Law for Maryland on
Answered on Apr 17, 2018
Eric Todd Kirk's answer
You should contact your lawyer and discuss the matter to see if you can reach an amicable solution to your disappointment.
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Q: In a wrongful death case with multiple heirs, should each heir hire her own attorney?

1 Answer | Asked in Wrongful Death for Maryland on
Answered on Apr 16, 2018
Mark Oakley's answer
It is each heir's option, but if all can agree to the percentage share of any recovery, then it would be more efficient for one lawyer to handle the entire claim, and may reduce costs and fees for all. However, if those entitled by statute to participate cannot agree or get along, then disputes may prevent one lawyer from acting for all.
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Q: What is a registered agent and do I need one in Maryland to legally form a business?

1 Answer | Asked in Business Formation for Maryland on
Answered on Apr 16, 2018
Mark Oakley's answer
Yes. If you organize a business in the state, the business must have a registered agent with a Maryland address (business or residential) to receive legal process and official government notices. The agent can be any person over 18, including the person organizing the business (you), so long as they have a physical address (not a PO BOX) in the state. If you do not have an address in the state, then you will need to find someone who does who will act as the registered agent. There are...
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Q: Can I do business in a state other than the one I chose to incorporate in?

1 Answer | Asked in Business Law for Maryland on
Answered on Apr 16, 2018
Mark Oakley's answer
Yes. If you expect to be doing regular business in the other state, like several transactions per year, then you generally are required to register your "foreign" business in that state--it's not the same as organizing your business there, but you are required to register if you regularly conduct business there.
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Q: What are some LLC to LLC Real estate Recordation and Transfer Tax loopholes / exemptions in the state of Maryland?

1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Answered on Apr 16, 2018
Cedulie Renee Laumann's answer
Generally, there is no "LLC to LLC" exemption.

However, Maryland law enumerates about 26 or so different situations exempt from transfer/recordation tax, some of which may potentially apply when an LLC is involved. Each one is heavily fact dependent. You can find these in the Annotated Code, Tax Property article, sections 12 & 13 or consult with a real estate lawyer.
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Q: I was hit by a driver who lives out of state. Can I still sue him in Maryland or do I have to travel to his state?

3 Answers | Asked in Car Accidents for Maryland on
Answered on Apr 15, 2018
Ronald V. Miller Jr.'s answer
Good question. You can sue the driver in Maryland for any tort that occurs in Maryland.
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Q: GM is deceased, A&B are GM’s children, C is step-child. Who has rights to GM’s home w/o a will?

3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Maryland on
Answered on Apr 14, 2018
Richard Sternberg's answer
I assume C is the natural child of GF and not adopted by GM; that GF predeceased GM; that the title is not an older formulation like et ux, so a title abstract supports that title was wholly in GM; that GM died intestate; and that A post-deceased GM also intestate. C is not a child of GM so is not an heir. The children of A share a half-share in Virginia after proper filing. Not filing before the memories and the evidence is an expensive mistake. The estate of A inherits in Maryland. Not filing...
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