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Maryland Family Law Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law and Cannabis & Marijuana Law for Maryland on
Q: My uncle is the executor of my parents will she is refusing to give me my trust and won't contact me

She is the executor of the will saying he will donate and not give to me I really need help and I really need help getting my trust cuz my uncle is trying to keep it from me and I don't know what to do

Richard Sternberg
Richard Sternberg answered on May 8, 2022

There is no reasonable way to evaluate your position without reviewing the trust document to determine the trust instructions and, potentially, formation issues and breaches of fiduciary duties. Schedule a consult with a qualified lawyer.

1 Answer | Asked in Family Law for Maryland on
Q: What do I do if I need to sue someone or something but my parents do not support me?
Mark Oakley
Mark Oakley answered on May 6, 2022

If you are a minor (under 18), then you lack legal capacity to sue in your own name, but require a legal guardian like a parent. If you are close to 18, you can just wait out your 18th birthday. The statute of limitations for filing a lawsuit on a cause of action that accrues before you turn 18,... Read more »

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: My sister is a personal guardian appointed by the court for an elderly with dementia- however she is also advancing age

She wants to be relieved from the guardianship - how do you go about it?

Mark Oakley
Mark Oakley answered on Apr 26, 2022

She files a petition to resign, preferably simultaneously with another appropriate person petitioning to take her place, with the agreement of all other "interested persons" entitled to act as guardian under the statute. If there is no such person, then the court will have to appoint... Read more »

2 Answers | Asked in Divorce and Family Law for Maryland on
Q: what evidence is required to disprove that a verbal threat was made

I'm in the process of applying for a divorce. My wife received a temporary protective order against me based on her false statement that i threatened her life on three separate occassions. At the court proceedings the judge issued a 12 month permanent order based on my wife's statement.

Mark Oakley
Mark Oakley answered on Apr 4, 2022

You do not state whether this was a separate court case from the divorce proceeding (e.g., a Petition for Protection from Domestic Violence under its own case number) or whether this 12 month protective order was issued in the divorce action under the divorce case number. The process you would... Read more »

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1 Answer | Asked in Family Law for Maryland on
Q: I have joint custody of my children. If I think they are being physically abused is it ok for me not to return them to

Return them to their mother until I can get back into court? Can I be arrested for doing this?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Apr 1, 2022

This question really needs to be posed to a family law attorney, in private consultation, who can look at the custody order and listen to the facts related to the possible abuse to see if an emergency petition is in order. Violating an existing court order can indeed cause someone to be held for... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Maryland on
Q: Can estate executor refuse to sell house to family?

My mother passed and my sister is executor. I want to buy the house and mg daughter my be interested as well. My sister has said I cannot buy the house and my daughter can’t either because she doesn’t think it’s a good idea. The will only states that money from house sale will be split... Read more »

Mark Oakley
Mark Oakley answered on Mar 26, 2022

The executor is supposed to sell the house at fair market value to maximize its value to the estate. The executor can sell the house to anyone for that price, or at a lower price if all the heirs who are to receive a share agree. You do not say how many heirs the house is to be divided among.... Read more »

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: How do I find out what type of custody my grandmother has of my child?

So let's start off with I was at 18-19 at the time. I didn't have a house nor a job unfortunately I was working but then I lost my job due to not being fast enough in a fast food restaurant. Lol "jokes on me" but anyways my grandmother called child protective services on me the... Read more »

Mark Oakley
Mark Oakley answered on Mar 24, 2022

A non-biological parent cannot have enforceable legal custody without a court order awarding it. Therefore, look for a court case in your grandmother's name awarding custody to her. Such a court order would have to be issued only by the circuit court in the county where the child resided (or... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: Hi I am from Louisiana but recently moved to Maryland I have questions.

I received full custody of my son in 2019 after his dad was arrested for choking him and other things, my son's dad went back to prison in September 2019 for attempted murder on police and has been in there since, sentenced to 14 years. His father has a long record of violent offenses and... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Feb 23, 2022

Yes you will need his signature. believe it or not, you will have to consent to your boyfriend adopting your son too. There is a process to go though. A good lawyer can guide you through this process.

1 Answer | Asked in Family Law and Probate for Maryland on
Q: My M-I-L passed away and my husband’s siblings have yet to notify him. We found out via a 3rd party. Any rights?

We live in NC. My M-I-L lived in Maryland. Funeral director was informed not to tell us anything. Sister-in-law will not return any messages. What rights does my husband have?

Mark Oakley
Mark Oakley answered on Feb 20, 2022

Once an estate is opened, it is public record, and all proceedings and filings, including the Will, can be copied and obtained (they are available online, for download, through the Register of Wills' website, which has an estate search option you can search by decedent's name and county... Read more »

1 Answer | Asked in Family Law and Probate for Maryland on
Q: I am included in someone's will and I don't know how to get what was willed to me. The Executor now acts hostile.

The deceased is my Ex husband who died in Jamaica(1 year ago). I live in the house that was willed to me for 12 years in Baltimore Md. I am 62 on SSi and cannot afford legal help. The Executor is the deceased's grown daughter who gave me documentation of death and the will and now will not... Read more »

Mark Oakley
Mark Oakley answered on Feb 11, 2022

You will need to speak with a lawyer and provide more details if you have them. For instance, has an estate been opened, and where? I cannot answer for Jamaica, but in the United States when an estate is opened the will must be filed and it, along with all other filngs in the estate (the... Read more »

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: How long before I can expunge this type of case? Caught this case back in 10/2010 finished probation in 4/2011

ABDUCT CHILD/RELATIV IN ST.

Scott Scherr
Scott Scherr answered on Jan 20, 2022

If you received probation before judgment and it was not an alcohol related driving offense, you can get it expunged now. If you were a convicted, it depends on the nature of the conviction. Only certain convictions can be expunged. Consult with a lawyer.

1 Answer | Asked in Estate Planning, Family Law and Probate for Maryland on
Q: I inherited the house I’ve been living in with my mom in a 50/50 undivided split

Can I rent a room out without my sisters approval who owns the other 50% it hasn’t been transferred into both our names yet as my mom just recently passed away. Can she say no even when I will split the income with her?

Shaneka Johnson
Shaneka Johnson answered on Jan 10, 2022

Who is the personal representative of your mother's estate?

1 Answer | Asked in Family Law for Maryland on
Q: Father Will states wife can live in home and when sold moneys goes to his kids. Is there any way kids could loose out?

Or if she moves out can kids force sale of home?

Mark Oakley
Mark Oakley answered on Dec 29, 2021

You need to have a lawyer review the terms of the will. If a proper life estate was bequested to the wife, then she can remain in the house until she dies. Whether she can live elsewhere and rent it out to collect rental income and maintain control over it depends on the wording of the life... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Under Maryland Family Law Section 5-801, what constitutes a responsible person? Is there anything specific?

Child’s other parent leaves them regularly to go bowling with an unknown teenager.

Mark Oakley
Mark Oakley answered on Dec 18, 2021

13 years or oder is the only specificity contained in the law. "Responsible" is meant to be vague, since there are some very mature and capable 13 year olds, as well as many irresponsible, careless and inappropriate adults. It also changes with the circumstances. For instance, you... Read more »

2 Answers | Asked in Family Law for Maryland on
Q: Asking assistance on how to obtain I.D documents without having actual parents,birth date ,or birthday. Thanks..

My current documents are as false.

I want to change my full name and social security number but wasn't birthed in state of Md(or know of actual birth)

Mark Oakley
Mark Oakley answered on Dec 16, 2021

You should attempt to explore every possible lead to determine where and when you were born in order to obtain a certified copy of your birth certificate. Do you know your mother's full name (including her maiden name if married at time of your birth)? Do you know the state of birth (or if... Read more »

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: i want to file for divorce and leave this abusive marriage with 2 kids will this negatively affect my case for divorce

do i have to file for full custody of kids before leaving or send him a text telling him we are leaving then tell him to call me so we make arrangements anytime he wants to see the kids.

Pawnee A. Davis
Pawnee A. Davis answered on Dec 13, 2021

I am sorry to hear that you are going through this difficult situation in your life. It is very important that you find an attorney with whom you can go into detail about this question given the different factors involved. It would not be wise to give a simple answer to such a very complicated and... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Modify a custody agreement because of medical issues?

Currently, my ex husband and I have joint custody of our 2 daughters. It's been in place for 6 years, and has not been a problem, until now. We cannot agree on a certain medical issue and there is no agreement in sight. I need to change the custody agreement to me having primary custody with... Read more »

Mark Oakley
Mark Oakley answered on Dec 11, 2021

You need to either (1) come to an agreement with the other paent for a protocol or process to address and make decisions like this, e.g., sign an agreement to use a neutral parenting coordinator to act as intermediary to try and reach consensus, or agree to mandatory mediation sessions -- two... Read more »

1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for Maryland on
Q: Where can I get a lawyer for a low income family?
Scott Scherr
Scott Scherr answered on Dec 1, 2021

Contact Maryland Volunteer Lawyers Services, Legal Aid, or your local bar association.

1 Answer | Asked in Family Law for Maryland on
Q: Are Co-pays considered extraordinary medical?

I am ordered to pay 50% over $250 of extraordinary medical. My ex sent me a bunch of receipts of nothing but co-pays ( for the month of Nov.) which for 1, doesn't even exceed $250 (total), and #2, are nothing but co-pays. Am I required to pay 50% of co-pays?

Mark Oakley
Mark Oakley answered on Dec 1, 2021

Yes, co-pays qualify as "extraordinary medical expenses" under the Family Law Article of Maryland, but only to the extent that they, together with all other qualifying expenses, exceed $250 per year. The text of the law is as follows:

Family Law Code, Section 12-201(g)...
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1 Answer | Asked in Family Law for Maryland on
Q: what will it cast me to get a lawyer to represent me and my family for a court hearing friday march 4,2022 at 9:00 a.m
Mark Oakley
Mark Oakley answered on Nov 30, 2021

It depends on the type of case, the issues, and what the hearing is for, which determines how much time is needed to prepare for it. A pre-trial scheduling conference takes no more than an hour or so of time, while a 2 or 3 day trial on conested issues can take 40 hours of trial preparation and... Read more »

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