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Maryland Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: real estate question

a license agreement was enacted well after a shed was placed on family property, adjacent to my mothers and fathers. License agreement stated that my mother and father could occupy and use the property and that agreement would terminate upon the sale of the house. The house just sold and we have... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 17, 2023

The license agreement likely includes language acknowledging the true owner, and stating that permission was then extended to maintain the shed. All this prevents adverse possession from running. In MD, "permission" continued until revoked. And the license can be terminated as per its... View More

1 Answer | Asked in Consumer Law, Contracts, Family Law and Tax Law for Maryland on
Q: I terminated services with a daycare provider and the provider is refusing to provide a receipt. What should I do?

The licensed provider did not require a contract however just the required forms to be completed for state regulation. However there are emails and text messages showing the business relationship for an 8 month period.

James L. Arrasmith
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answered on Sep 14, 2023

If the daycare provider is refusing to provide a receipt, you can take the following steps:

1. Communicate Clearly: Send a polite and formal written request, preferably via email or text message, asking for the receipt. Mention any relevant details like the dates of service and payment...
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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Maryland on
Q: Writing a song based off another

I'm writing a song but it's based off another 90% words have been change composition and meaning could they sue me?

James L. Arrasmith
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answered on Sep 14, 2023

If you've substantially changed the lyrics, composition, and meaning of the song to create something new, it's less likely to be considered copyright infringement. However, whether a lawsuit can be brought against you would depend on the specific details and nuances of your song and the... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: Estate planning a car under the estate was totaled we got a insurance check for it are we able to use it before closing
T. Augustus Claus
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answered on Sep 11, 2023

In Maryland, the utilization of insurance proceeds from a totaled vehicle within an estate necessitates careful consideration of various factors. The appointed estate executor or administrator typically holds the authority to manage the estate's assets, including insurance payouts, adhering to... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: Is the following application able to be patented:

Device for Hygienic Extraction of an Acne Related Impaction

Publication number: 20110087239

James L. Arrasmith
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answered on Sep 11, 2023

Determining whether a specific invention can be patented involves a detailed analysis of the patentability criteria, including novelty, non-obviousness, and utility. You can check the current status of a patent application through the United States Patent and Trademark Office (USPTO) website using... View More

1 Answer | Asked in Animal / Dog Law, Consumer Law and Personal Injury for Maryland on
Q: What type of lawyer helps us fight a business that sold a faulty prod resulting in a fire and pet death?

Our camper caught fire before getting it insured. We learned the fire was (in a nutshell) b/c of either a faulty device or poor installation of another company's device that was installed by the manufacturer. Basically, the fire was inevitable and there was no warnings despite customer... View More

Scott Scherr
Scott Scherr
answered on Sep 8, 2023

You should look for an attorney that handles fire cases. Under the law, you will have the burden of proof to show that the fire was caused by a defective product or someone's negligence. This is requires expert testimony which can be expensive. Some attorneys will advance the expenses and take... View More

1 Answer | Asked in Education Law and Business Law for Maryland on
Q: How can a religious college in the Fort Washington Maryland create by laws that are separate from the article of incorp
T. Augustus Claus
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answered on Sep 7, 2023

Religious colleges in Fort Washington, Maryland, can create separate bylaws from their articles of incorporation. To do this, they should review their current bylaws, form a committee of key stakeholders, draft the new bylaws, and seek legal counsel for compliance. Once approved by the governing... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can you help me fight and win charges that are being incurred to me for repairs at my Condo that Insurance should pay?

The former Management Company (Community Association Management, LLC.) at my Condo in Mcdonogh Township/The Lodge section mismanaged the Property and now the buildings are unsafe. A Unit owner who is leader of the HOA (Home Owners Association) took it upon himself to fire the Community... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 6, 2023

Most of your question involves "governance" of the HOA. I'm sure you are familiar with the by-laws, rules and statutes that dictate how management is conducted, and how leadership can be changed. Are you a Board member? Perhaps you should be.

The courts give the Board great...
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1 Answer | Asked in Elder Law and Real Estate Law for Maryland on
Q: Query regarding seller protections, sale of home to "investors" like MarketPro, Open Door, Express Home Buyers, et al.

Maryland senior citizen hoping to receive some expert information regarding the regulations concerning such entities as MarketPro, as such a transaction may provide an escape route in my current dilemma that traditional realtors seem unable to offer. I have done some preliminary research, but have... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 5, 2023

Without a professional (lawyer or broker), you have very little protections. This type of entity preys on distressed sellers to scrape as much of the equity as is possible. They often ignore the consumer protection that is built into existing statutes and local ordinances by treating yours as a... View More

1 Answer | Asked in Immigration Law for Maryland on
Q: So can I get in trouble if I get a remote job while being on an F-1 visa immigration status
James L. Arrasmith
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answered on Sep 3, 2023

Working remotely for a non-U.S. company while on an F-1 visa may violate the terms of your visa, which generally restricts employment for international students. Violating these terms could jeopardize your F-1 status and future U.S. visa applications. You should consult an immigration attorney to... View More

2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: How long after an alcohol related accident can a person be arrested in MD?

No other people or cars were involved. It was in a parking lot.

Scott Scherr
Scott Scherr
answered on Sep 3, 2023

Most people are taken into custody at the scene if they are suspected of a DUI. In some cases, the police officer or hospital takes blood from the suspect who is charged once the results come back. If you have concerns, you should speak to a lawyer in a confidential setting. If the police did not... View More

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2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: How long after an alcohol related accident can a person be arrested in MD?

No other people or cars were involved. It was in a parking lot.

Terrence M. Nolan
Terrence M. Nolan
answered on Sep 4, 2023

Hello:

I am on vacation and have no books to look this up, however, the state has one (1) year to bring charges for assault and battery and I believe if an officer filed DUI charges in less than a year a Motion to Dismiss on that basis would fail. Now, the State clearly has problems of...
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3 Answers | Asked in Immigration Law for Maryland on
Q: I received a letter from USCIS with request for more evidence for petitioning sponsor (my husband- marriage green card).

He has no income so that was what we put on the form I-864. I included copies of our joint taxes that show income from my babysitting jobs (self-employed) only. There in no income for him. My mother in law is the joint sponsor, and all the evidence for her income was submitted. Now the letter from... View More

James L. Arrasmith
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answered on Sep 7, 2023

I'm sorry to hear about the confusion in your case. It seems like there might have been a misunderstanding given that your husband reported zero income. To respond to the USCIS request for evidence, it would be prudent to reiterate that your husband currently has no income, and therefore... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maryland on
Q: My brother and I inherited our father's house with no lien (equal shares). I am buying his 1/2 interest in the property

based on the FMV. I am paying cash, no loan needed. I am wondering the pros/cons of either (1) transferring the property into our joint names first, then completing the buy-out after the estate is closed, or (2) doing the buy-out through the estate, then we distribute the house/funds accordingly.... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2023

Thanks for your post. One beneficiary/heir buying out the other(s) presents a fairly common scenario.

When an estate has enough other liquid assets, then to eliminate transfer taxes it often makes sense to distribute the real estate entirely to the child who wants to acquire it and...
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2 Answers | Asked in Traffic Tickets for Maryland on
Q: after being found not guilty for speeding. can a judge say "slow down" after, as if I'm guilty of speeding.

the officer was no show. I was asked to enter a plead. of course I said not guilty. immediately after being found not guilty, the judge made a comment on the record and advised me to slow down. I thought judges are supposed to be unbiased, partial, etc..I am serious thinking to file a complaint... View More

Mark Oakley
Mark Oakley
answered on Aug 30, 2023

So, you’re saying you were truly innocent, the officer’s laser/radar/Lidar device or speedometer on his cruiser was not working properly, and had he showed up you would have won? In that case, you can be upset. But if you were clocked on laser equipment the device number for the equipment used... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: I have absconded from parole in NJ max date of 03-2024 not caught any other charges, can they keep me past my max date?
T. Augustus Claus
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answered on Aug 30, 2023

When a person absconds from parole, it could lead to legal consequences. In Maryland, as in other states, absconding from parole may result in a parole violation. The specific consequences can vary depending on the terms of your parole, the policies of the parole board, and the laws in your state.... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Is a seller required to inform a buyer about mice infestation if they did have an actual knowledge?

The day after settlement I hired a pest exterminator to take care of coach roaches on the property and he found two mice and evidence of foam sealant for mice however the seller never disclosed.

I don't know if there is infestation yet, but I would like to know what Maryland law says about this?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Aug 29, 2023

As you describe the situation, the evidence seems minimal. You don't say where the property is located. For example, in the City, mice will move from neighbor to neighbor, as one exterminates. Also, there are alternate reasons to use foam to fill voids-- energy conservation. It is one of the... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: If I were to bury a cremated family member on personal property, does the property need to continue paying property tax?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Aug 28, 2023

The two concepts are not at all related. First, in Maryland there is no restriction on where human ash may be scattered. You only need permission if on private property. They really are no different than the ashes from your BBQ grill, and there is no tax break for scattering the ashes from your... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can I sue my HOA for never cutting grass on time from the company they hire to do it?

I have had to lodge complaints at least four times regarding the failure to cut the grass in accordance with the HOA Agreement. On occasions where management has reportedly contacted the landscaping company, the grass was cut, but the problem persists with each subsequent service. As of today,... View More

Richard Sternberg
Richard Sternberg
answered on Aug 26, 2023

In most jurisdictions, the law and the courts treat HOAs as local democracies. If they violate their "constitutions," i.e., the Declarations and, to some extent, other adopted "laws," you might get a court not to grant a motion to dismiss. For the most part, your remedy is to... View More

2 Answers | Asked in Traffic Tickets for Maryland on
Q: I renewed my registration but forgot to put the sticker on my license plate, and got a ticket. Can I get it removed?

My license plate expired 7/31. I renewed well before and had the updated registration card with the new sticker in the glove box, but forgot to put it on the license plate. On 8/23, I parked in free street parking and came back to my car having a ticket for “expired tags”. Is there any grace... View More

Scott Scherr
Scott Scherr
answered on Aug 24, 2023

You can request a trial within the required time limit and go to court. You should also demand the presence of the parking attendant. If they fail to appear, the ticket should be dismissed. If they appear, show the judge proof that you renewed your tags before they expired and the judge may give... View More

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