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Maryland Arbitration / Mediation Law Questions & Answers
4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More

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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

James L. Arrasmith
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answered on Mar 2, 2024

The ownership of the property after your father-in-law's death largely depends on how the deed was titled when your husband and his father were placed on it. If the deed lists them as "joint tenants with right of survivorship," then upon his father's death, your husband... View More

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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Mark Oakley
Mark Oakley
answered on Mar 2, 2024

If the deed is owned as joint tenants, then your husband is now the sole owner and the house is not an asset of his father’s estate, so it doesn’t matter what the Will says.

If the deed is owned as tenants in common, then your husband now owns 50% of the house outright, and the other...
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4 Answers | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Maryland on
Q: My husband and his dad are on the deed for his dad's house. If his father dies and the will says otherwise, who owns?

My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 2, 2024

Your question is missing the exact wording of the deed naming your hubby as a co-owner. If the wording made him a full owner upon Dad's death, then the Will's bequest would be ineffective. But if any interest became part of your Dad's probate estate, then that portion could be... View More

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1 Answer | Asked in Arbitration / Mediation Law, Internet Law and Family Law for Maryland on
Q: My ex wife is trying to get a peace order against my mother for speaking to my ex wife’s new husbands ex wife about her

My former spouse is attempting to get a peace order against my mother due to my mother speaking to my former spouses husbands ex wife. They spoke only on messenger and no derogatory or insulting remarks were made. I do not think simply speaking about someone to another over private messaging is... View More

James L. Arrasmith
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answered on Jan 14, 2024

In general, a peace order, or a similar restraining order, is typically granted when there's evidence of harassment, threats, or abuse. If the conversation between your mother and your ex-wife's new husband's ex-wife was merely a discussion without any threatening, abusive, or... View More

2 Answers | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: What happen if I respond for a mediation meeting without being legally served? does it make me being legally served?

I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland?

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

You need a lawyer to review the jurisdictional issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been codified in both CA and MD (and every other state, I believe) and there must be a hearing first to determine which state court will hear the case and exercise jurisdiction... View More

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1 Answer | Asked in Arbitration / Mediation Law, Business Formation and Business Law for Maryland on
Q: Our partner locked us out from our business after withdrawing from association. He is trying to open a business w/o us.

Our business partner has locked us out of our business. They withdrew from the association, and we proceeded with the company opening. Because the venue is under their name, they seeked vengeance and locked us out of the venue. Now after withdrawing from the association they are working to open up... View More

Michael Ray Smith
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answered on Feb 21, 2023

Please consult an attorney in your state. Your question is far too complicated to be answered here. They lawyer you consult will need much more information.

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: How can I get receipts

MOM has Alzhiemers. Sister and her Daughter are ones that take care of her.They tell us what they want us to know. They don't show any receipts, paperwork or proof of what they claim they do. Nothing is discussed with our Sister or Myself before Sister makes Decisions. Such things as... View More

Mark Oakley
Mark Oakley
answered on May 21, 2022

Any Maryland lawyer can answer your question. If you are looking to hire a lawyer from Baltimore, that is a different issue. The first question any lawyer would have for you is, does anyone (e.g., your sister) have a power of attorney executed by your mother appointing them as your mother's... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Health Care Law for Maryland on
Q: What approach would you recommend in a situation when hospital security deny a father access to seeing his child born?

My boyfriend was not allowed to see our daughter born 2 weeks ago when he was in the lobby trying to get me . His wallet was stolen so he didn't have his ID but he had a copy of his birth certificate and he is listed in my hospital records as my emergency contact. He was peaceful and the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2022

A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry for your unfortunate experience. In terms of legal advice you seek before meeting with hospital staff, you could reach out to a local attorney to discuss in further detail. You likely already know... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Maryland on
Q: What recourse do I have when a business refuses to accept a gift card that is still within 4 years of original purchase?

The gift card has fine print, smaller than 12 pt font, indicating that it expires 1 year from purchase.

Mark Oakley
Mark Oakley
answered on Dec 15, 2021

Read all about your rights at the following link, and scroll to the end of the page on the link for phone numbers to call. You can also search for a consumer protection lawyer who may be able to take on the case under a consumer protection statute that allows them to sue for attorney's fees... View More

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Maryland on
Q: Divorced in Maryland; former wife refusing visitation. Making statements that I am not their parent now.

We have a court signed Settlement Agreement granting "joint legal custody." The order outlines that I have unlimited access and visitation rights to our children. However, the former wife routinely states that "you are not their parent, I am." When I press visitation issues,... View More

Mark Oakley
Mark Oakley
answered on Sep 17, 2020

File a motion to enforce court order/settlement agreement, and for contempt. Ask further for a set schedule of visitation, or to modify custody to make you the primary custodian since she is not allowing access.

2 Answers | Asked in Appeals / Appellate Law and Arbitration / Mediation Law for Maryland on
Q: Do arbitrators intervene in appeal of arbitration awards?

I have filed a motion to vacate an arbitration award which was administered by an arbitrator employed by the Attorney General’s office. The AG has filed a motion to intervene as well as a motion to dismiss. This seems unusual. Do arbitrators normally become involved in the appeal process?

Charles William Michaels
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Charles William Michaels
answered on Aug 16, 2020

No, in my experience arbitrators do not usually become involved in the appeal process. But what is your question directed to, concerning the appeal process or your case?

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1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Maryland on
Q: Security Deposit return

I was renting a house with a few military friends, all three of us were on the lease. I decided to get a place of my own and move out early. Both other tenants and the landlord was notified and I would receive no penalty. An addendum was signed and I was told by landlord and tenants that I would... View More

Mark Oakley
Mark Oakley
answered on Dec 24, 2019

Sue the co-tenant who received your share of the security deposit in small claims court. Whether it is worth your time and effort is a value judgment on your part. It is not worth hiring and paying a lawyer for this amount.

2 Answers | Asked in Consumer Law, Small Claims, Contracts and Arbitration / Mediation Law for Maryland on
Q: My friend gave me money when I was on hard times and did not state it was a loan.

After months of not speaking with me the friend now wants to take me to court for money that is not a loan. Would this action fall under Title 5 Subtitle 9 5-901 Executory Contracts? The amount was 800 however the friend is stating in court that it is $1200. How do I fight this? I offered to pay... View More

Rolanzo Richard White
Rolanzo Richard White
answered on May 30, 2019

I'm sorry to hear about your "friend."

Your matter is pretty fact dependent, however generally, a "gift" is a voluntary transfer of property by one to another, without any consideration or compensation provided to the transferor. Thus, a gift is a gratuity....
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1 Answer | Asked in Estate Planning, Arbitration / Mediation Law, Civil Rights and Social Security for Maryland on
Q: I need representation for probate of my mother's estate. I need someone who deals with special needs trusts

I am on social Security

Mark Oakley
Mark Oakley
answered on Jan 24, 2019

Try to find a lawyer in the jurisdiction where the estate is filed, for convenience. Most estate lawyers understand special needs trusts. You cannot solicit (and attorneys cannot solicit) business on this site per the site rules. You can, however, call lawyers who answer questions on this site,... View More

2 Answers | Asked in Consumer Law, Personal Injury, Arbitration / Mediation Law and Small Claims for Maryland on
Q: I own a town house located in Prince George County, Maryland in a community governed by a Homeowners Association.

Rain water from neighbors home has caused mole and water damage in my basement. HOA CC&R, Art. X, Maintenance, authorizes board to repair neighbors property, collect costs, place a lien and foreclosure for owner who has failed to maintain property to standards. I can not repair my damage... View More

Thomas A. Grossman
Thomas A. Grossman
answered on Aug 28, 2018

After a mediation, you can sue the HOA for failure to enforce its' CCRs.

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1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Maryland on
Q: How long can the listing Real Estate Agent hold your Earnest money deposit? Mediation request refused by her boss.

Listing agent contacted me said she knew someone that could help with a loan. I did not feel comfortable when she asked me how many points I was willing to pay. Listing agent works for the seller, not for my benefit. I forwarded lender denial letter on September 26, 2017. She advised she did... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Oct 19, 2017

The answer to the question should be found in the contract that you signed.

A "typical" Maryland board of realtors contract often specifies that both parties need to sign off on a release before the broker can release the earnest money deposit. Unfortunately if the contract...
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