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Maryland Questions & Answers
2 Answers | Asked in Probate for Maryland on
Q: Hello! My case is about intestacy and lawyers as personal representatives in the State of Maryland (Montgomery County).

My mother passed away last year and I was placed as the PR. I handled all her debts and creditors but, did not file the first account. Due to the delay in filing, there was a hearing (without my knowledge) and I was taken off as PR and a lawyer was placed in. He wants to sell the real estate... Read more »

Mark Oakley
Mark Oakley answered on Dec 12, 2019

You should hire a lawyer to represent you, have the lawyer learn what the facts are so the correct action can be evaluated and taken (you don’t post any facts to properly advise you).

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1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: I went to a business at my local mall and got lashes done, my eyes are now infected and swollen.

I went to my local mall to get lashes extensions, they glue burned and infected my eyes and face, I told the technician that it was burning really bad when she applied it but she said that was normal, the next day my eyes was still hurting I called and if she could remove them because I couldn't... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 12, 2019

Contact a local personal injury attorney to evaluate your options.

1 Answer | Asked in Construction Law and Contracts for Maryland on
Q: Developer states "he never agreed" to build facilities despite being listed in sales contract. What is our recourse?

This a brand new community. It's labeled as a recreational facilities agreement. It states: "The developer shall contract the following for the Largo Town Centre: ..." However, the community name is Largo Creseant. I find it odd that they would build a gym, gazebos, and tennis courts away from the... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 12, 2019

You should consult local counsel to see what options you have. Without seeing the agreement it's hard to say whether anyone breached the contract.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: The defendants in our case did not appear at the hearing but have now submitted intent to defend after. Is this allowed?

My spouse and I appeared at the hearing but neither defendant was present. We were prepared to discuss our case but since they did not show, the judge said there was no contest and ruled affidavit judgement that they needed to return our deposit and court fees. Now, when I search the case online to... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 12, 2019

It's odd that the court set a trial after you won an affidavit judgment. The proper procedure is usually a motion to vacate the judgment. In any event, appear at whatever date was set and prepare your case or request a continuance if necessary. You would be wise to consult with local counsel.... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: My grandmother died in 2011, my father never performed her estate. He died in 2019. Does he inherit from her estate?

I have one biological brother, and my father was married at the time of his death. he is not alive to claim his share from my grandmother who gets that share under Maryland law.

Edited to add details. My grandfather passed away in 1975. Only the house was left and no will was found. My... Read more »

Mark Oakley
Mark Oakley answered on Dec 12, 2019

So many more facts will be needed. It is common for married couples to own everything jointly, with right of survivorship, which means upon the first spouse to die, the other spouse owns all such titled property and none of it is an asset to be distributed from the deceased person’s estate. Joint... Read more »

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1 Answer | Asked in Divorce for Maryland on
Q: I want to file for divorce in MD but I don’t have my husband’s address, do I need it when I file?
Jac E. Knust
Jac E. Knust answered on Dec 9, 2019

There is some reason that you believe he is a Maryland resident. You could use his work address his last name and home address etc. but you should indicate some address on your pleadings because you need to convince the court that he is a Maryland resident. You may not be absolutely certain of the... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: Does my 40 year old brother who still lives at home have any claim beyond that stipulated by my parents will?
Nina Whitehurst
Nina Whitehurst answered on Dec 9, 2019

If you mean does your brother have any claim beyond the term's of your parent's will by virtue of still living in the home that is now part of the estate, then no, not unless he has a lease agreement. However, the executor can't just kick your brother out of the home either. If your brother ends... Read more »

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1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: My fiance has a 2nd degree Assault warrant from a year ago when I called the police. We are still together. What to do?

We still live happily together with no problems after. What should we do to get rid of the warrant

Mark Oakley
Mark Oakley answered on Dec 8, 2019

Hire a lawyer for your girlfriend because that’s the only way to deal with a warrant short of her simply walking into the police station and being arrested. Maybe the warrant can be recalled, maybe the prosecutor will drop the case if the lawyer can persuade them to, but regardless, she needs a... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: Why do I have to pay child support to mother that is in jail. Maryland
Mark Oakley
Mark Oakley answered on Dec 7, 2019

If there is a court order in effect, you must file a motion to modify child support and custody. Until the court changes its order, the original order remains in effect, and you can be found in contempt for disobeying it, as well as have the amounts owed under it enforced by way of judgment. If... Read more »

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: I am themanager for a veterinary hospital. We had a client turn her pet over to us,now she wants the pet back.

Do we have to give the pet back?

Mark Oakley
Mark Oakley answered on Dec 7, 2019

Why wouldn’t you? Legally, if there was a completed gift or clear abandonment of the pet, then no, the former pet owner no longer “owns” the pet. Proving the legal intent to make a completed gift or to permanently abandon all legal claims to the pet will be yours to prove in the event of a... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: I hit the open passenger door of a parked car on the driver side who is at fault

Driver side was in flow of traffic

Mark Oakley
Mark Oakley answered on Dec 7, 2019

Not enough facts to answer. Probably if the door was already open as you approached, so that you could have avoided it if you were paying attention, then you’ll be at fault. If the person flung the door open right as you reached them and you had no opportunity to avoid hitting the door, then it... Read more »

2 Answers | Asked in Civil Litigation for Maryland on
Q: What is the statue of limitations in Maryland for an unrecorded deed

My father brought a house with his first wife, he divorced and married my mother, when he died his name and his first wife name was on the title. My mother brought his ex wife half. Now my mother has died and my father name is still on the house. I was told me his daughter had the same rights... Read more »

Mark Oakley
Mark Oakley answered on Dec 7, 2019

Your father’s half interest passes according to his will, or if none, then to his heirs at law. So, a lawyer would need to know if your dad had a Will, and what it says; or alternatively, whether you are your father’s sole biological child, or if you have siblings, all of whom are entitled to... Read more »

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2 Answers | Asked in Consumer Law, Real Estate Law, Estate Planning and Public Benefits for Maryland on
Q: My father recently passed and had a TIC Property with my stepmother. Who is responsible for mortgage

Property owned TIC by father and stepmother. Father dies. House sells for 600k with 200k Mortgage. Is mortgage responsibility of Entire estate, or is wife solely responsible?

I.e. should we pay mortgage from the 600k and then divide the remainder to my stepmother and my fathers heirs. Or... Read more »

Mark Oakley
Mark Oakley answered on Dec 7, 2019

The mortgage is a lien against the property. It cannot be sold without the mortgage being paid off first out of the sale proceeds. That happens at settlement. Then the net proceeds are split evenly between the two owners of the property: 50% to the estate, 50% to your stepmother

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1 Answer | Asked in Divorce for Maryland on
Q: would a spouse on the deed but not the mortgage be entitled to 1/2 the selling price of the home but not the debt?

In the state of Maryland, would a spouse who is on the deed, but not the mortgage, be entitled to half the selling price of the home but not held responsible for the debt in divorce?

Elizabeth Pugliese
Elizabeth Pugliese answered on Dec 5, 2019

The spouse is entitled to half the value of the home - regardless of how titled. The value is usually the selling price, minus brokerage fees and minus the mortgage. Basically the equity in the home.

2 Answers | Asked in Bankruptcy and Landlord - Tenant for Maryland on
Q: Can a landlord still go through eviction process while you are paying the rent owed?

Filed bankruptcy Sept 17. Eviction was filed Sept 23. Landlord waited 30 days with no contact til Oct 23. Threaten eviction. Never received eviction paperwork. Sheriff came out to evict. Provided half of rent owed to landlord. Still providing rent owed to landlord but landlord is still threaten to... Read more »

Stuart Nachbar
Stuart Nachbar answered on Dec 4, 2019

I believe that the Landlord would have to get permission from the Bankruptcy Court to proceed, otherwise it would be a violation of the automatic stay. Contact your lawyer as soon as possible

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1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: What happens to me since my landlord got his rental license suspended for a violation. I have 9 months left on my lease.

Condominium in Prince Georges County maryland

Leonard A Englander
Leonard A Englander answered on Dec 3, 2019

Nothing "happens" so to speak. If your Landlord (LL) is unlicensed, you still have to pay rent and are still a tenant. The major difference lies in what your LL can do to you if you don't pay rent. In PG, if the LL doesn't have the license, he/she cannot make use of the Failure to Pay Rent (FTPR)... Read more »

1 Answer | Asked in Banking for Maryland on
Q: Can I prosecute check forgery with only a xerox of the forged check ? The bank destroys original checks.

The College Park post office's outside mailbox was broken into, and 4 of my checks were among the stolen letters. Using a stolen check, a person "doctored" all the original information on it so that the check was made payable to him for the sum of $6,000. He then attempted to deposit the check into... Read more »

William Jaksa
William Jaksa answered on Dec 3, 2019

Why not refer the matter to the police? They investigate these types of crimes every day and understand the rules of evidence and the quality of evidence that is needed.

The short answer is 'yes'. The police will take statements and affidavits from the bank employees, video surveillance,...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: I recently had a flood in my commercial rental ( I am a dentist renting a property for my private practice)..manager

Wont provide insurance information, as he said once the water is cleaned up he doesnt have to take care of damages or lost wages on my employees or even damage to my floors. What can I do?

Richard Sternberg
Richard Sternberg answered on Dec 1, 2019

Read your lease. Contact your rental premises, business loss, or other insurance policies (other than your professional malpractice policy). Meet with a lawyer now. Commercial rentals are not residential rentals, and the lease means what it says, but what it says may be subject to favorable... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: I pay child support in Maryland do I keep paying if he is still in high school? My decree states until age 18?

My decree says nothing about high school, I can’t find that verbiage anywhere it only states until 18 years of age. Thank you

Mark Oakley
Mark Oakley answered on Nov 29, 2019

The law is, child support continues until the later of turning 18 or completion of high school, but not later than age 19. The child must be enrolled in high school for completion of high school to come into play. So, a child turning 18 during 12th grade continues to be subject to payment of child... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: what is the legal recourse when someone passes a bad check in a court ordered divorce decree.
Mark Oakley
Mark Oakley answered on Nov 29, 2019

Passing a bad check is known in the criminal code as “uttering” and may be charged as a crime; however, not all such acts are deemed criminal. From the civil standpoint, you can file a motion to enforce the court order or judgment awarding the support payments, as well as for a finding of civil... Read more »

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