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3 Answers | Asked in Bankruptcy for Maryland on
Q: Hello, I'm considering bankruptcy and I'd like a consultation about my financial situation. -Melanie
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 5, 2024

Law school students and recent law school grads, are primarily trained to look backward, about known facts, to spot and resolve legal issues; the more experienced lawyers certainly do that, but their more valuable skills are to assist a client to plan future behavior and events.

Moreover,...
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2 Answers | Asked in Estate Planning for Maryland on
Q: Can a lawsuit assume a trust if a co-trustee is sued?

My sister has defaulted on a contract. I fear she is to be sued. She is co-trustee along with my Mother and myself of an account that pays for Mothers residential care. If sued will the party have access to the trust? Should we remove my sister's name from the trust to be able to assure... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 3, 2024

A Trustee overseeing someone else's Trust is a fiduciary or someone who manages someone else's money/assets. In some situations a Trustee actually manages their own assets for their own benefit in which case their creditors could usually get at such assets. However, when a fiduciary... View More

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2 Answers | Asked in Estate Planning for Maryland on
Q: Can a lawsuit assume a trust if a co-trustee is sued?

My sister has defaulted on a contract. I fear she is to be sued. She is co-trustee along with my Mother and myself of an account that pays for Mothers residential care. If sued will the party have access to the trust? Should we remove my sister's name from the trust to be able to assure... View More

Mark Oakley
Mark Oakley
answered on Oct 3, 2024

No, the assets of the trust cannot be attached or reached based upon a judgment entered against a trustee, who is not also the grantor of the trust, and who otherwise has no discretionary right to make distributions from the trust to herself for any reason. In your description, I assume your... View More

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2 Answers | Asked in Constitutional Law for Maryland on
Q: Is it probable cause to search car due to previous search of car, Marijuana found about a month before it became legal.

Hello, I was taking my fiance to work today and got pulled over by a sheriff for Suspended Registration. My License was found to be suspended also. They sent the court date to the wrong address. The sheriff took my info and went back to his car. Another cop pulled up with a k-9. The original... View More

Mark Oakley
Mark Oakley
answered on Oct 1, 2024

No, the prior incident does not provide probable cause to search your vehicle in this incident. The remedy for an illegal search is suppression of the evidence at trial if you were charged with a criminal offense based on what they found.

If they found nothing, and you are just upset...
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3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Lee Eidelberg
Lee Eidelberg
answered on Oct 1, 2024

There is no "form," per se', to fill out to file this type of lawsuit. Any lawsuit must alleged sufficient "facts" related to the elements of the particular offense alleged. For an intentional infliction of emotional distress claim, the suit must state facts that... View More

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3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Mark Oakley
Mark Oakley
answered on Oct 1, 2024

If you are suing for not more than $30,000 and do not want a jury trial, then you can file in District Court (trials are before a judge only), and you can use a District Court civil complaint form, and check the "tort" box. The forms are available online or at the courthouse. It's... View More

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2 Answers | Asked in Real Estate Law and Small Claims for Maryland on
Q: What is the legal interest rate I can charge to collect money awarded to me in a civil case in Montgomery Co, MD?
Mark Oakley
Mark Oakley
answered on Sep 29, 2024

From the date of judgment, interest accrues at the statutory legal rate on the principal judgment amount at 10% per annum, simple interest (meaning, you cannot charge interest on the unpaid accrued interest). Simply multiply the judgment awarded by 0.10, then divide by 365 to get the daily rate.... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Is it legal to smuggle legal substances into a rehab that prohibits certain items? Kratom, alcohol, phenibut... ECT?

Substances federally and state legal. *Smuggling in for someone*

Mark Oakley
Mark Oakley
answered on Sep 29, 2024

Rehab facilities are typically private entities and what you can bring in is a matter of contract and following the facility’s rules. That would be strictly a civil matter. State and federal facilities may of statutory and regulatory rules in place, intentional violation of which could perhaps be... View More

1 Answer | Asked in Business Law, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Maryland on
Q: Does the operation of a family child care home in Maryland constitute residential use as opposed to commercial use?
Kenesha A Raeford
Kenesha A Raeford
answered on Sep 28, 2024

These kinds of zoning questions are usually county specific. Additionally, even where a state or local law does not prohibit the operation of a home day care this does not mean that the home owners association does not have limitations in its bylaws or declarations. So you my want to check into... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: I'm looking to find out who the resident agent is for Sysco corp. How do I find that out?
Kenesha A Raeford
Kenesha A Raeford
answered on Sep 28, 2024

So I'm going to jump and make an assumption that you need the resident agent information because you are pursuing a lawsuit and need to serve Sysco Corp's Resident Agent. A few things - This is a huge company so be sure you are suing the correct entity is it Sysco Corp. or is it Sysco... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: How can I convert a felony to a probation before judgment (PBJ) myself?

I was charged with a felony of theft in January of 2021 and placed on unsupervised probation for 18 months. I have not gotten into any trouble since then and finally ended my probation in July of 2023. During my journey to be a better person, I want to be the best mother I can be for my children... View More

Mark Oakley
Mark Oakley
answered on Sep 24, 2024

You are posting this from Atlanta, GA, marked as "federal crimes in Maryland."

First, you have directed your question to the Maryland section of the site, so you will only receive advice regarding the law in Maryland. If your case originates in Georgia where you are posting,...
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2 Answers | Asked in Probate for Maryland on
Q: I need to find the PA intestate laws that were in place in 1964. Where could I find this information?
Mark Oakley
Mark Oakley
answered on Sep 29, 2024

Why do you need this information 60 years after the fact? Are you questioning an estate distribution from 1964? I am not a PA lawyer so I cannot speak to PA law, but in most jurisdictions—such as Maryland where you posted this question—there is a statute of limitations for contesting an estate... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Does a MD HOA have to disclose to the home buyer HOA violations that were given to buyer prior to sale of the home?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Sep 20, 2024

Yes. And this is most often something your real estate agent obtains. Most HOA's have a "resale package" that must be requested by the Seller, at a fee of $50-$200. The HOA then compiles its records, including open violations, and the package is delivered to the buyer within the... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: If I die before my spouse is he entitled to my 401K?

I accumulated all of my 401K funds prior to getting married. I have named beneficiaries (not my husband) on all of my 401Ks. He is named as my beneficiary on my life insurance. If I die before him, is he entitled to any of my 401K funds?

Mark Oakley
Mark Oakley
answered on Sep 13, 2024

Absent a pre- or postnuptial agreement that provides otherwise, a spouse has the right to reject whatever they are receiving under the deceased spouse’s will and elect their statutory share. The old law used to be a straight 1/3 to 1/2 (depending on whether there are minor children involved) of... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Husband was assaulted & filed charges, he had video of the assault & 5 witnesses, but Prosecutor dismissed case....

The other party filed assault charges too, after he was served with his summons. The other party did not have any evidence to contradict my husband's evidence. However, the prosecutor did not advise my husband that they were dismissing the charges, & did not even ask to see the video... View More

Benjamin Herbst
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Benjamin Herbst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

The prosecutor has the ultimate discretion when to dismiss (nolle pros.) a charge. They often choose to do this when there are two parties that have filed charges against each other because each defendant would have a 5th Amendment right to remain silent, and therefore the State could not compel... View More

2 Answers | Asked in Civil Litigation for Maryland on
Q: My ex girlfriend won't return my car that I let her borrow. Can I use my spare key to get it back?

My ex girlfriend had moved in with me a few months ago and I've let her use my car while she was with me so she could save money. After our relationship was broken up recently she moved to a new place and disappeared with my car. I've contacted her a couple times trying to her to bring my... View More

Mark Oakley
Mark Oakley
answered on Sep 7, 2024

If your name is on the title, it’s your car, and you can take it any time you choose. Unless she paid you an agreed price to buy it from you, she has no “equitable” legal claim to try and keep it. The MVA and the courts will only recognize the owner whose name appears on the title. If both... View More

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Can we fight a citation for Failure to attach vehicle registration plates at front and rear?

My son’s license plate holder was broken so we had to put the plate in the front window. He was stopped and issued a citation “Failure to attach vehicle registration plates at front and rear”. This is incorrect because his rear license plate was attached correctly. Can we take this to trial?... View More

Scott Scherr
Scott Scherr
answered on Sep 5, 2024

Maryland law requires plates be attached to both the front and back. Therefore, he did violate the statute.

However, he can request a trial and go to court. If the police officer does not appear, he will be acquitted. Even if the police officer is there, the judge may reduce the fine if he...
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1 Answer | Asked in Employment Law for Maryland on
Q: What is the minimum reasonable hours per week for part time employees according to the law considering 39.999 is the max

In the spirit and intent of minimum wage is there minimum hours per week an employer shall provide for part time employment according to the law ?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Maryland law does not set any kind of minimum hours per week for part-time employees. It is up to the employer and employee to determine the schedule. Except for a few limited exceptions, minimum wage is not dependent on the number of hours worked and applies whether an employee works 1 or 40... View More

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Maryland on
Q: What legal recourse do I have under the lemon laws for MD?

I purchased a 2013 650I BMW from an Annapolis MD dealership in or around 7/2022 which unbeknownst to me was a lemon. To my surprise, I learned during a service call for an oil change in 6/2024 that the vehicle which has been driven minimally as a result of me working from home during the pandemic... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

While it is frustrating to have significant repairs on a vehicle you recently purchased, a used vehicle that is 9 or 10 years old does not have the same warranties as a new car.

Maryland's "lemon law" applies to a NEW passenger car, light truck or motorcycle that has...
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1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: How do I get approved to hold inventory at my home residence that is zoned as residential property?

I want to do a e commerce business where I order goods cheaply on-line and store them at my home/sell to customers via e commerce site. I will not be making any goods. I know I need a trader's license from the clerk of the court and I need to do a home affidavit form for zoning BUT that form... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Business uses are limited in residential districts. What can permissibly be done in a particular zoning district varies greatly by county in Maryland. If a desired use is not allowed in a particular district in your particular county, the only options are to petition for a zoning reclassification... View More

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