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Maryland Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: are 2 year gym contracts legal in reston virgina
Scott Scherr
Scott Scherr answered on Mar 3, 2021

You should repost your question to Virginia lawyers since the contract was in Virginia. This was posted to Maryland attorneys.

1 Answer | Asked in Tax Law for Maryland on
Q: If I am inheriting money from a parent’s retail account with Merril Lynch, will I owe Maryland tax on that money?

I was told there is no federal tax but I know Maryland can be tricky with inheritance and taxes.

Mark Oakley
Mark Oakley answered on Mar 3, 2021

Maryland does not tax inheritance of lineal heirs, parents or spouses. A lineal heir is the the direct descendant of the decedent (son, daughter, granddaughter, etc.). Maryland also does not tax a named beneficiary's receipt of funds from a financial account or life insurance policy under a... Read more »

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Maryland on
Q: If granted sole physical and legal custody, what rights do I have? If the order has Contradictions.

I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »

Timothy E. Howie
Timothy E. Howie answered on Mar 1, 2021

A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before... Read more »

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1 Answer | Asked in Tax Law for Maryland on
Q: I received a tax lien notification from North Carolina for 2013 In 2021?

I didn’t live in NC during that tax period

I never received notification that taxes were owed

I’ve always completed an official change of address

Scott Scherr
Scott Scherr answered on Mar 1, 2021

You should consult with an attorney in North Carolina since that is where the tax lien was reported. They can help you straighten it out in North Carolina.

1 Answer | Asked in Construction Law for Maryland on
Q: If I dig an pour the footers an lay the block foundation for a detached garage in md. On a lot with a existing older

Home do I need a mhic license ? I already have a md construction license. Thanks

Mark Oakley
Mark Oakley answered on Mar 1, 2021

Unless this is your own house, YES, you need a license. All improvements to a residence that you perform for a homeowner for money requires an MHIC license, and you are also solely responsible for obtaining all building permits for the job. A general construction license is not sufficient, and... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Can a person obtain a license to install security systems in Maryland with a felony conviction over 20 years ago?
Mark Oakley
Mark Oakley answered on Feb 26, 2021

Yes. There are only two absolute qualifications: (1) be at least 18 years of age; and (2) be of good moral character. #2 is what you will be concerned about. A license "may" be denied on account of a conviction or plea of nolo contendere to a crime of theft of a crime "of moral... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: I'm working an 40 hour work week, no lunch break and no breaks during the shift. WHat can I do

I"m on a contract with a security company for an insurance company, no breaks

Kyle Anderson
Kyle Anderson answered on Feb 24, 2021

Generally speaking, employers are not required to provide breaks, unless you are a minor under the age of 18. If you need a break for medical reasons, I would reach out to an employment attorney in your state for a consultation.

2 Answers | Asked in Criminal Law for Maryland on
Q: what will happen with a sexting scam

met a girl on dating site father demands money

Mark Oakley
Mark Oakley answered on Feb 24, 2021

It's a scam. Ignore them and move on with your life.

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Can I get this ticket if my car has no front bumper on??
Mark Oakley
Mark Oakley answered on Feb 23, 2021

This ticket? Maybe that ticket. You can be cited for driving an unsafe vehicle. Bumpers are mandated by regulations adopted under the transportation article of the Maryland Code and must comply with numerous specifications regarding height, location and safety standards as set by federal laws and... Read more »

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1 Answer | Asked in Divorce for Maryland on
Q: If I strike my answer to will they continue with mediation? That’s what I really need to know.how should I proceed.

If I ask them to dismiss my answer will they continue with a hearing or I should just go with it. We are still living together and have a sexual relationship. I would want the court to dismiss his complaint of Adultery.

Timothy E. Howie
Timothy E. Howie answered on Feb 23, 2021

This question appears to be a follow up to a question earlier today. I really cannot answer your question without knowing the facts of your case. You should confer with a lawyer who can assess all of the facts of your case.

1 Answer | Asked in Divorce for Maryland on
Q: My husband filed for a divorce stating adultery. I was never served but learned of the divorce. So I filed and answer.

Can I withdrawal my answer and wait to be served or is it too late. I want to wait into I’m served to go forwArd what can I do?

Timothy E. Howie
Timothy E. Howie answered on Feb 23, 2021

Generally, when you file an answer even though you have not been served, you thereby subject yourself to the personal jurisdiction of the court, and the other party need not serve you. But, depending upon the circumstances, you may be able to ask the court to strike your answer.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: to take possesion of my parents land as the sole heir i am out of state can i do an out of state bond? the land is in

alabama and i live in md she did not have a will.

Mark Oakley
Mark Oakley answered on Feb 23, 2021

You need an Alabama estate lawyer. The requirements for a non-resident executor of an estate usually involves appointment of a person in Alabama to act as resident agent for the executor for service of legal papers. Because the estate involves real estate, and you cannot easily travel to Alabama... Read more »

2 Answers | Asked in Personal Injury and Civil Litigation for Maryland on
Q: What court and state can I sue if I reside in Maryland and was injured at Walmart in Kansas?

On August 23, 2020 while on vacation Plaintiff was injured (cut of left arm) at a Walmart store in the State of Kansas. However, Plaintiff resides in the State of Maryland. What are the statute of limitations and what state can the plaintiff file his complaint?

Mark Oakley
Mark Oakley answered on Feb 22, 2021

You sue in Kansas, in the court having jurisdiction over the location of the Walmart involved; or you can sue Walmart in Arkansas in the county where it has its corporate headquarters (not recommended). You need a Kansas lawyer in the county (or nearby) where the Walmart store is located, who... Read more »

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1 Answer | Asked in Civil Litigation for Maryland on
Q: Can I audio record on public property, regardless of the two-party law?
Mark Oakley
Mark Oakley answered on Feb 22, 2021

In Maryland, you need the knowing assent of all parties to record audio, regardless of the location.

1 Answer | Asked in Foreclosure for Maryland on
Q: My case was recently remanded fm federal district ct. to PG circuit ct. Do I need to file a motion to get a court date?

or do I just wait for the circuit court to provide a court date?

This is foreclosure circuit court in Prince George's county.

My case was closed statistically and last entry is "disposition: remanded"

Leonard R. Boyer
Leonard R. Boyer answered on Feb 18, 2021

You are in over your head and you need to retain an experienced MD mortgage foreclosure defense attorney. The attorney will know the correct way to proceed and will be able to obtain the best possible results given the existing law and the facts of your case. THIS IS NOT LEGAL ADVICE! YOU NEED TO... Read more »

1 Answer | Asked in Civil Rights for Maryland on
Q: I live in an a apt in MD, the woman upstairs has been recording me in my place through the vents. What rights do I have

Vent cameras installed both bathrooms and our bedroom.

I'm 62 years old with severe medical issues

Mark Oakley
Mark Oakley answered on Feb 17, 2021

Call the police, this is a crime. It is illegal to install video recording devices to capture images of someone in their private home without their permission. If you can see the camera and reach it, pull it out of the vent to prevent the person from removing them and denying they were there, or... Read more »

1 Answer | Asked in Business Formation, Business Law, Copyright and Gaming for Maryland on
Q: Can you re-sell custom painted video game controllers as a legal business?
Mark Oakley
Mark Oakley answered on Feb 17, 2021

“Under the doctrine of ‘patent exhaustion,’” United States Supreme Court Chief Justice John G. Roberts Jr., wrote in a 2017 decision, “once a patent holder sells an item, it can no longer control the item through the patent laws.... The purchaser and all subsequent owners are free to use... Read more »

1 Answer | Asked in Civil Litigation and Family Law for Maryland on
Q: The groom cancelled wedding 50 days prior, can brides family sue to recover wedding cost due to his cancellation
Mark Oakley
Mark Oakley answered on Feb 17, 2021

Maryland abolished the causes of action known as breach of marriage and alienation of affections, and any similar action, three quarters of a century ago. The engagement ring must be returned if demanded, as that is considered a conditional gift, with the condition being going through with the... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: If 1st and 2nd choice for personal rep decline, will my sister & I (heirs) have to serve as Rep if neither of us want 2

My sister an i agree there is too much work involved in settling our mother's estate. We are listed as heirs. We are the decedents daughters. We don't think anyone will be willing to serve as executor. Who will the court choose if noone is willing?

Mark Oakley
Mark Oakley answered on Feb 16, 2021

Why is it too much work? If the estate has adequate assets, one of you can petition as PR and hire an estate lawyer to prepare and file all paperwork and even manage the estate bank account, hire one or more others to inventory, sell and clear real property of belongings, hire a CPA to prepare the... Read more »

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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Maryland on
Q: How do I get an auto finance company to comply with requests from a GAP insurance company to settle an accident claim?

Auto finance company has consistently failed to provide all necessary documents needed by the GAP insurance company to settle a claim and pay off the balance on the car note. I am being billed for payments for a car that was declared totaled in an accident by my insurance company. This has gone on... Read more »

Michael Wilson McGraw
Michael Wilson McGraw answered on Feb 15, 2021

You should speak with an attorney. The auto finance company may be having some internal issues that you do not know about. Additionally, because you're paying on a vehicle that is totaled, the finance company is causing you to incur economic damages which you may be able to recover.

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