Maryland Questions & Answers

Q: Will my sister be able to evict me if she has the right of attorney to my fathers home?

1 Answer | Asked in Wrongful Death, Criminal Law, Probate and Real Estate Law for Maryland on
Answered on Sep 22, 2017

Power of attorney isn't the same as ownership. You need to speak with an attorney--suggest you contact a member of the Md. Assn for Justice--they give free consultations.
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Q: Does my employer handle my claim, or do I need to file it some place?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Sep 22, 2017

Your employer, or their insurer, is supposed to handle it. That does not always happen. You should file a claim with the WCC [Workers' Compensation Commission].
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Q: Can

1 Answer | Asked in Estate Planning, Banking and Probate for Maryland on
Answered on Sep 21, 2017

It sounds like the bank is suggesting your sister needs to REOPEN the estate (with the courts) and then handle the check.

There MIGHT be a simpler process depending on the size of the check etc, so I'd recommend consulting with a local attorney (the one who helped with the probate the first time?) to see the simplest way to accomplish what needs to be done.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an...
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Q: If I am a contracted worker can i sue for not being paid

1 Answer | Asked in Employment Law for Maryland on
Answered on Sep 19, 2017

If you have a contract, you could sue for breach of contract.
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Q: If i was convicted of a mis. Poss of handgun then the charged was appealed,and granted and then got a pbj and expunged

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Answered on Sep 18, 2017

Likely yes based on the expungement and you not having other disqualifying offenses
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Q: What happens during a hearing for missing a day of pre trial? Should i be worried?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Sep 18, 2017

It is usually an FTA - failure to appear warrant. You can seek to get that quashed but sadly there are consequences if you don't make court.
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Q: My fiances parole was just revoked in Maryland. I am trying to figure out if he is eligible to file for 8505 8507

1 Answer | Asked in Criminal Law for Maryland on
Answered on Sep 18, 2017

He can certainly file for it - that is probably his next best bet after the revocation
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Q: How can a deed from a deceased family member be transferred to another family member in Charles County, MD?

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Sep 18, 2017

Generally speaking an estate must be opened in the deceased person's name to transfer property out of the estate. To clear up title that has been in the name of a deceased person for >100 years one will almost certainly need to file an action to quiet title. All of the interested persons (heirs) would need to be notified and given an opportunity to intervene in the case.

Practically speaking, someone needs to pay the taxes and most of the time property will not go >100 years after...
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Q: When a house is sold and there are multiple judgments against the seller, are the judgments paid in date order.

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Sep 18, 2017

To have clear and marketable title a Seller must make good on all perfected liens before selling. In some cases (rare) a buyer might take title "subject to" existing liens. However, the Settlement / title company should reach out and ask for a pay-off. It is not their job to calculate interest but interest accrues in Maryland on judgments at the rate of 10%.
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Q: How much interest can I charge to fully finance $60k on a house I'm selling. The buyer only has $5k down pmt.

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Sep 18, 2017

Generally speaking interest is a function of market rates so long as it does not violate usury laws. There are caps on the amount of interest a private party can charge. The IRS publishes minimum long-term interest rates (loans at lower rates may be classified differently) which at last check were just under 3%. The default "legal rate" of interest in Maryland is 6% although lenders and borrowers almost always negotiate interest based on market conditions. You are encouraged to seek legal...
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Q: I need to know if we are liable for my mother's mortgage.

1 Answer | Asked in Foreclosure for Maryland on
Answered on Sep 18, 2017

Generally speaking only the borrower(s) who signed is/are personally responsible for debt, although obviously the lienholder / mortgage company has rights to take back the property if the loan isn't paid. At times, however, relatives "assume" a mortgage, in which case they step in the shoes of the original borrower. If an estate has assets the estate can't disburse them to heirs without paying off the estate's legal debts (claims) first but generally heirs have no responsibility to pay a...
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Q: All partners do they have a vote in llc

1 Answer | Asked in Business Formation and Business Law for Maryland on
Answered on Sep 18, 2017

The Operating Agreement should describe how the owners ("partners") vote on decisions in a particular LLC and also explain what % vote is necessary to pass a resolution. If an LLC does not have an operating agreement it would be wise to create one. Maryland does have some default provisions in the limited liability company act.
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Q: if an adult child has been living in dead fathers home and never changed over title and now its up for tax sale

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Real Estate Law for Maryland on
Answered on Sep 18, 2017

The city (or county) does not change title, so unless the family opened up an estate the title would remain in the deceased person's name.

Anybody can redeem the property before the tax sale foreclosure case awards judgment to the tax sale purchaser. As you point out, however, paying the back taxes and fees won't automatically make the person who paid the owner. Oftentimes in this type of situation the person who intends to pay might reach agreement with the heirs of the record...
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Q: Can a Md. atty kindly refer me to the specific law(s) re the establishment, regulation and governing of a condo type

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Sep 18, 2017

There are 3 places to look. First, every condominium files a "declaration" in the Land Records with rules governing the use and operation of the condos. While not "law," these rules legally bind the owners. Second, the Maryland Annotated Code, Real Property article, has information about condominium law. Every law library in Maryland will have copies of the annotated code, or you can access it free online through either Westlaw or Lexis or even this site, Justia. Third, every county has...
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Q: how do i determine if a quit claim was forged and without consent having my name removed from the deed

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Sep 18, 2017

An attorney would need to look at the deeds to answer your question. Being listed on the tax bill may or may not have anything to do with being on the deed. Oftentimes in Maryland the first name (or possibly two) will be listed on the tax bill. To figure out if a deed was filed you may want to do a title search.
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Q: If I received approx. $52,000 from the sale of a house that I lived in for 8 years, do I have to claim it on my tax ret?

1 Answer | Asked in Tax Law for Maryland on
Answered on Sep 18, 2017

Your question asks about capital gains. Generally speaking, under IRS rules, if you live in a home as your principal residence for 2 of the 5 years before you sold it, the first $250,000 of gain may be excluded from income. The IRS' website has a detailed publication on the topic of capital gains for sales of a residence and a CPA or tax preparer can help you with specific questions on your tax return.
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Q: If aUnited Methodist church was incorporated many years ago , does that church still remain in good standing presently ?

1 Answer | Asked in Contracts and Business Law for Maryland on
Answered on Sep 18, 2017

"Good standing" means that the corporate entity has filed its annual personal property returns each year. The annual $300 filing fee is waived for non-stock corporations but the entity still must file its returns. The State Department of Assessments and Taxation can give you the details for any corporation.
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Q: Can a child over 18 inherit from the estate in Maryland when the deceased has no will but has earned several residential

1 Answer | Asked in Estate Planning and Probate for Maryland on
Answered on Sep 18, 2017

When someone dies without a will, their property passes through the laws of intestate succession. In short, YES, an adult child MAY inherit, though it will depend on what is in the probate estate and how assets are titled. If someone dies owning property in their own name (without a spouse or anyone else on title) it should go through their probate estate, which essentially gets divided between surviving children and the surviving spouse after funeral and estate expenses.

Please...
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Q: Do I have to file bankruptcy on all the accounts I owe, or can I keep some?

2 Answers | Asked in Bankruptcy for Maryland on
Answered on Sep 15, 2017

You have to list all debts you have in your bankruptcy schedules. You can agree to reaffirm certain debts if you wish and the creditor agrees. This means you would be responsible for the debt and would not get rid of it in bankruptcy along with all your other debts. Talk with a bankruptcy lawyer in your area to be sure you are making the right decision regarding your creditors. Hope it works out. Good luck!
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Q: How is it possible to win a case against a doctor for failure to diagnose?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Sep 11, 2017

If you took 100 doctors and related the facts and if 70% or more said their should have been a differential diagnosis including whatever it was, and that he should then have done tests to exclude it. Malpractice cases are very expensive and it's likely that there are problems with your case. However each attorney is different so call some and see what they think.
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