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Maryland Questions & Answers
1 Answer | Asked in Estate Planning for Maryland on
Q: I am the PR for my deceased husbands estate. There was no will and the kids were minors at the time of death. .

The estate was closed and settled on 6/2021. I have since joined a class action regarding my husbands illness. A settlement amount has been offered. What do I need to do if anything? Ty in advance This was in Maryland. However I currently reside with kids in Pennsylvania.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 17, 2024

Assuming some or all of the funds will be payable to your late husband's estate, any additional funds will require filing a supplemental inventory and supplemental account (if a regular estate) or a supplemental schedule B (if a small estate). Basically a Personal Representative has an... View More

1 Answer | Asked in Car Accidents for Maryland on
Q: What recourse do I have against the police department not citing a person who ran a red light and collided with us?

A person ran a red light and t boned my family and I. On the police report, they stated he ran the red light, was at fault, but didn't give him a citation. They also said he wasn't distracted and was never tested for alcohol. What can I do to make my family whole? And have this man face justice?

Scott Scherr
Scott Scherr
answered on Dec 8, 2024

You and your family can make a claim against the other driver's insurance company for property damage and bodily injury. If any of you were injured, you should retain an attorney. All of your claims are against the other driver and not the police. The police cannot be sued for failing to issue... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: In maryland if you were driving a moped without a license and your on probation is it a technical or non technical vop

Apparently I have to reward this question. The only answer I got was from someone who apparently does not know Maryland state law or not enough to know to answer the question. So I ask anyone who Answers. this question to actually be versed. In Maryland state traffic laws, Maryland code... View More

Lee Eidelberg
Lee Eidelberg
answered on Dec 3, 2024

a Moped is a motor vehicle in Maryland and the operator must be licensed. A motor vehicle violation, if one is convicted, may trigger a violation of probation, but that depends on the terms of the probation order. You would be best to consult with a qualified traffic attorney who can evaluate the... View More

1 Answer | Asked in Car Accidents for Maryland on
Q: Should I appeal a citation under 21-309(b) where I signalled to change lanes and a driver hit the side of my car?
Lee Eidelberg
Lee Eidelberg
answered on Nov 27, 2024

Your post presumes that you were found "guilty" and not granted a probation before judgment - which would avoid a 3 pt assessment. Filing an appeal results in additional time and expense, including an appeal fee and your (or an attorney's) reappearance before a Circuit Court judge.... View More

1 Answer | Asked in Consumer Law and Wrongful Death for Maryland on
Q: On August 21, my sister was in a house fire and passed. I found a defective lighter in her truck. Two exploded out of 5

my question is the fire report said it was careless smoking and won’t even hear me when I’m trying to tell them that it had to have been a defective lighter since I found one in her truck and since bought three more and have had to blow up in my face. Due to the fire report and the fact that... View More

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

What you describe is pure guess, conjecture and speculation. You do not identify any hard evidence that a lighter (a) exploded in her home; or (b) was the cause of the fire that killed your sister.

The fact that it could have happened that way doesn’t mean it did. The fact that other...
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1 Answer | Asked in Libel & Slander for Maryland on
Q: What is the Maryland Code for defamation?
Mark Oakley
Mark Oakley
answered on Nov 25, 2024

The only code section relating to defamation is the statute of limitations applicable to commencement of suit, which is one year from the date of publication of the defamatory statement. MD Code, Courts and Judicial Proceedings, § 5-105

As for the law of defamation, that is found in the...
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1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: where can i find the procedural regulations governing the MD board of social work?

I am looking specifically for the laws/regulations that the Maryland BSWE must follow when investigating a complaint against a social worker. I am also looking for the personal rights of respondents involved in complaint investigations through the board of social work.

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

There is the Maryland Health Occupations Code, which sets forth the statutory laws respecting social workers and the Board’s creation and responsibilities and powers.

The Board is empowered to draft and adopt regulations to carry out its purposes under the law. Agency regulations are all...
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1 Answer | Asked in Family Law for Maryland on
Q: My ex-husband passed away this year. Am I entitled to any of his benefits, such as life ins, pension or social security?

My ex-husband passed away this year. We were married for nine years and divorced in 2008. We both are 52 years old. My ex-husband has adult children and no will. Am I entitled to any of his benefits, such as life insurance, pension or social security? I was listed as the beneficiary on all... View More

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

Upon divorce, each spouse is automatically removed by law as a beneficiary under their ex-spouse’s estate, even if they are named in a will at the time of the divorce. So you are not entitled to any distribution under your ex spouse’s estate.

In order for an ex-spouse to qualify for a...
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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: How would I be able to get details on a trust fund created by family that I am no longer in contact with?

I know of a trust fund in my name and would like to find out details as I don’t know anything about it other than the fact that it exists.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 25, 2024

Generally, there is no right to get a copy of anyone else's planning documents while the planner is still living. So if the relative who created this Trust is still living (and assuming it is a typical trust), usually it is entirely up to that person to decide what, if anything (or nothing)... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: I was listed as a heir to someone who died interstate there over 50 relieves on that list it was my bio moms first cousi

Why would I only get 0.48 of percent and another first cousin once removed get 3.33 percent and there is a first cousin twice removed getting 1.67 percent my mother was also deceased also my sisters cold was listed as a heir but my child was not I live in ca the case is in md

Mark Oakley
Mark Oakley
answered on Nov 25, 2024

When someone dies without a will, their estate is divided among the relatives of the deceased, but that does not mean every blood relative gets an equal share. For instance, if someone dies and never had children and both parents were deceased, but they had four siblings, then their estate gets... View More

1 Answer | Asked in Gaming and Personal Injury for Maryland on
Q: Hello, filed a slip and fall case with Harrah’s casino, over a year ago, is it common for them not to make a settlement

Offer to resolve this issue. Or is the attorney not disclosing this information ?

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2024

A Maryland attorney could advise best, but your question remains open for two weeks. There is no universal short answer to your question. Every case is different, based on the liability of the premises and a claimant's injuries. Defense attorneys generally review cases in terms of whether it... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Hi I was arrested and received a fare evasion citation in PG County MD with $50 fine and no jail. Need help

I have court this month in Prince Geor g e MD District Court and want expungement.

Scott Scherr
Scott Scherr
answered on Nov 12, 2024

You can only get the charge expunged immediately after court if you were acquitted of the charge or the State entered a nolle prossequi dropping the charge. If you are convicted and receive probation before judgment, you must wait three years to get it expunged or sooner if you can show good cause.... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: The police are saying I am stalking them and following them on different calls and talked to my mom at our house

They asked my mom if she has a son and said that they got harassing phone calls from this address last year and that he keeps on following us to different calls if it keeps on happening they will file charges

Mark Oakley
Mark Oakley
answered on Nov 12, 2024

I suggest you contact a criminal defense lawyer and discuss this matter, and your conection to it, off-line and in private. Do not post any other facts on this public forum or you risk disclosing incriminating information if, in fact, you are behind any of the activities described by the police.... View More

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Can I have my husband removed from the house if it is both our names, he refuses to work, he is verbally abusive

He has an untreated undiagnosed mental illness, he has not worked in a year, he is verbal, emotional, financial abusive to both me and kids

Mark Oakley
Mark Oakley
answered on Nov 11, 2024

It is possible to do so as part of your divorce, but that would be up to the judge after trial unless the two of you agree to remove him from the deed as part of a settlement of your divorce and all property and support issues. Ordinarily, the marital home is either bought out by one spouse paying... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I was just caught shoplifting $100.50 from Target. They have proof that I have done so before. The security director

told the responding officer that he was going to investigate for more instances. I was told this is a theft scheme charge in Maryland. Each incident would been well under $500 over the last few months. I have zero prior charges other than a dui more than a decade ago. I am a known and respected... View More

Mark Oakley
Mark Oakley
answered on Nov 11, 2024

I doubt they can meet the legal standard for proving theft scheme. Each one they might be able to identify and prove would more than likely be deemed separate independent incidents of theft, all misdemeanors. Theft scheme is simply a way to try to turn a series of misdemeanors into a felony, but... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: Do you all prepare legal deeds? I want to assume the loan to my late father's home and need a drafted deed
Mark Oakley
Mark Oakley
answered on Nov 11, 2024

The only likely scenario where you can continue paying the existing mortgage on your deceased father's home without replacing (refinancing) it, is if you are your father's heir and are receiving the house as part of his estate distribution. In that scenario, the law allows an heir in the... View More

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3 Answers | Asked in Real Estate Law for Maryland on
Q: In Maryland, under contract to sell, do not want to give title company my social security number. what to do?

I understand that the sale must be reported to the irs. However filing instructions for the 1099s state several options of responsible parties to file it, this includes myself. What regulation/law requires it to be the title company? Also on that note while I understand the buyer has the right... View More

Richard Sternberg
Richard Sternberg
answered on Nov 2, 2024

The title company is required to report funds sent to you to the IRS based on your social security number. If you don't give them it, you cannot sell, and you will just have to pay the damages for breaching the contract to the buyer and the brokers. Then, you should ask them for their social... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: If one were pulled over in Maryland for driving an unregistered vehicle, would he get a court summons or criminal record
Scott Scherr
Scott Scherr
answered on Oct 31, 2024

No, you will not automatically get a trial date. You have 30 days from the date of the incident to request a trial or waiver hearing or to pay the citation. If you fail to act, your license will be suspended. You should request a trial and not a waiver hearing if you wish to contest the ticket.... View More

1 Answer | Asked in Business Law and Contracts for Maryland on
Q: In Maryland, is a contract with a contractor valid if both parties have not signed it?

The contract is for repairs to my home.

Mark Oakley
Mark Oakley
answered on Oct 24, 2024

If no work has been performed or materuials ordered, then you can cancel and disavow the contract without penalty. If you've paid the initial deposit, and the contractor has commenced work or ordered materials, then you have partial performance and either side can argue the contract has been... View More

3 Answers | Asked in Real Estate Law for Maryland on
Q: I am considering selling my home. My husband passed in 2020. I am on the deed, but not the mortgage.

I have been confirmed as the Successor in Interest by the mortgage company.

We did not have a will when my husband passed. Could you explain what I need to do in order to

sell the property. I need to downsize because the property is over 3200 square feet and it is becoming... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 22, 2024

I am sorry for your loss. Married couples can hold property a few different ways and how the title reads on the deed affects what you need to do when one person passes.

Usually (but not always) married couples own property as "tenants by the entirety" - if so, then by operation...
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