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Maryland Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Maryland on
Q: Can you park a car on the street in front of someone’s yard if not blocking a driveway? No street signs or rules posted

The neighbor states we can’t park there because it’s his property but there isn’t a driveway just a trailer in his yard. No curb

Mark Oakley
Mark Oakley answered on Feb 5, 2021

If it' a public roadway, he doesn't own it. Any member of the public can park on a public street, assuming that parking is not otherwise prohibited by law (a legally posted "no parking" zone or fire hydrant, for example). Property owners often believe that just because they... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Is it legal to build a DIY propane torch in Maryland

This section of the law worries me: Maryland Criminal Law Section 4-501

I would use a 1lb camping propane tank as fuel.

The flame would be under 6ft.

The intent would be to put it in a Baby Yoda plush to make Baby Yoda breathe fire.

The operation of the device would... Read more »

Mark Oakley
Mark Oakley answered on Jan 2, 2021

What is criminalized is incendiary or explosive material that is combined with a delivery or detonating apparatus so as to be capable of inflicting injury to persons or damage to property, in other words, a weaponized delivery system of explosive or incendiary matter. What you are describing sounds... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: I am a cleaning service in PA, with residential clients in MD, do I need to register with the state of MD?
Mark Oakley
Mark Oakley answered on Dec 5, 2020

Probably. If you regularly do business in Maryland you are required to register to do business here.

1 Answer | Asked in Uncategorized for Maryland on
Q: Can you legally stay in a motel for longer than thirty days if temporary to move?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 12, 2020

Assuming there are no specific orders or agreements at play Maryland law doesn't dictate where someone may live or how long. Someone could in theory stay at a hotel / motel for months or even years as long as they pay (though it probably would not be financially wise to do so).

New...
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1 Answer | Asked in Uncategorized for Maryland on
Q: My boyfriend is not getting his required Meds in jail right now and it’s making him sick? Can I do anything?

He went to jail a month ago and didn’t get meds. He has Parkinson’s . He got sick a few days later. He ended up going to the Dr for depression, anxiety, and bad shaking. He recently went back to jail and he is not getting any of his meds. He called me and he told me he keeps asking but they... Read more »

J. Heath Dillon
J. Heath Dillon answered on Oct 4, 2020

I recommend you start by consulting a local, experienced criminal defense attorney.

That said, help could come from communication with the DA's Office over this situation. Additionally, discussion with the Sheriff, or whatever authority is responsible for the jail could help....
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1 Answer | Asked in Uncategorized for Maryland on
Q: What POA do I choose to handle all of my mentally disabled Uncles affairs

I’m already his Representative Payee through S.S. But I need to take care of his health, housing and have full access to all of his affairs. Thank You

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 16, 2020

A disabled person who is unable to manage their affairs may not be competent enough to execute a valid Power of Attorney. Instead, if someone is incompetent without a pre-existing Power of Attorney the family usually needs to seek legal guardianship through the courts.

The specific...
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1 Answer | Asked in Uncategorized for Maryland on
Q: I don’t know this is law relation but do felonies and misdemeanor people share the same prison cell
Mark Oakley
Mark Oakley answered on Aug 1, 2020

Yes. Local county and city jails generally hold everyone regardless of the seriousness of their crime until they are found guilty and sentenced, then those sentenced to more than 18 months-2 years are generally transferred to a state penitentiary to serve their time. The more minor offenders with... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: My work closed march 13th covid Boss paid reduced pay through June 15 Said we cant file unemployment until june 16

Unemployment said since we did not physically work the mo eye was a donation and we still can get unemployment because it is considered special pay but boss said we cant file until june 15 even though work stopped march 13 due to covid

Mark Oakley
Mark Oakley answered on Jun 21, 2020

You should not rely on the non-legal opinions of your employer for the legal interpretation of when and if you are entitled to unemployment benefits. You may be entitled to partial benefits if you worked but your hours were reduced from full-time, or your pay was reduced. You would be entitled to... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Does community management co need collection agency lic in MD if all they are doing on behalf of Assc is send reminder?

If the management company represents a community association and one of the owner did not pay their monthly due on time and you’re only sending an automated reminder electronic notice, do you need a collection agency license in order to send that reminder notice?

Mark Oakley
Mark Oakley answered on Apr 24, 2020

HOAs, condo associations, and their property or association management companies, are all excluded from the definition of a debt collector under the Federal Fair Debt Collection Practices Act. The association itself is excluded because it originated the debt obligation, and the management company... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: I live in Maryland and my father passed and left me his home I need to put the home in my name,how would I go about it ?
Mark Oakley
Mark Oakley answered on Apr 24, 2020

An estate needs to be opened, in the county (or City of Baltimore) where your father resided at the time of his death. Either your father had a will that named someone to act as Personal Representative or executor, or in the absence of a will or the person named not being willing or able to act,... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: My brother died a couple weeks ago. I was his beneficiary. How do i go about closing his accounts out? Bank,CC,Car loan

Would like to pay off what ever he owed. he had a savings but i don't know how to go about access it. he bought his car in FL but its with me in MD and i don't know if he owes money on it or not and how do i return the tags? if he has no money do i owe for him being the beneficiary? I... Read more »

Mark Oakley
Mark Oakley answered on Apr 18, 2020

You cannot do anything unless you are the Personal Representative of your brother's estate. You become that by petitioning to open an estate for your brother in the jurisdiction where he resided at the time of his death. In Maryland, that would be a county (or City of Baltimore) Register of... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: My dog walked onto my neighbor's property. I went to get her & my neighbor used his cell phone to audio rec me

I told him numerous times that I didn't consent to be recorded and he ignored me and continued recording is that illegal in Maryland?

Mark Oakley
Mark Oakley answered on Mar 25, 2020

In MD, video recording in public is allowed regardless of consent, while audio recordings require consent of both parties. Most cell phones record both, so theoretically, if you could prove your neighbor recorded audio of you, there may be a violation. In a court proceeding, illegally recorded or... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: I need to get power of attorney for my mother; to cover medical, financial, and business. This is at her request.

My mother is 92 years old, and she is beginning to exhibit behaviors consistent with Alzheimer's and dementia. This is according to her physician. I have not the foggiest idea how to proceed.

Mark Oakley
Mark Oakley answered on Mar 4, 2020

You need at least two documents: (1) a durable power of attorney for general financial matters; and (2) a durable power of attorney for healthcare decisions. They should not be one document--the healthcare POA should be separate. Your mother should also have a will if she doesn't have one,... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: If a lawyer inform your auto insurance that your medical bills but was paid via settlement. What is PIP check for?
Tim Akpinar
Tim Akpinar answered on Nov 8, 2019

This is something a Maryland attorney would know best, as insurance is governed by state laws and can vary from state to state. But your question remains open for two weeks. As a general matter, PIP stands for personal injury protection. It is coverage for medical bills, lost wages, and related... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: how much could i sue paypal for allowing me to get scammed
William Jaksa
William Jaksa answered on Oct 29, 2019

You can sue for your "losses" and more if you can prove that they were negligent.

1 Answer | Asked in Uncategorized for Maryland on
Q: Is a codicil that allows someone to live in one's home still valid after the deed has been changed?

My father had a codicil drawn up about 23 years ago that would allow his lady friend to stay in his home until she died or moved. The house was deeded in his and my late mom's name. He died in 2012. About 7 years before then he added my one brother and me to the home deed. It has become a... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jun 19, 2019

It would be difficult for an attorney to answer without seeing the actual documents in question.

Very generally, a deed supercedes a will or codicil. That is because a will can only control what property someone dies owning in their own name. If person A makes a deed that leaves...
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1 Answer | Asked in Uncategorized for Maryland on
Q: What is the definition of church and religious organization for Maryland? Massachusetts has defined church.

In this section a church shall mean a church or synagogue building dedicated to divine worship and in regular use for that purpose, but not a chapel occupying a minor portion of a building primarily devoted to other uses, and a school shall mean an elementary or secondary school, public or private,... Read more »

Mark Oakley
Mark Oakley answered on Apr 19, 2019

The term is defined differently for different purposes, and your question is not sufficiently narrow enough to give the context in which you would like the definition applied. For example, Maryland permits religious entities such as churches to incorporate as a religious corporation, and the term... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Is there any legal action when a man gives a woman rings as promise to marry, and has been supporting her financially

I only receive SSDI and have 2 minor children that are not his. He has provided us financial support plus a car title to him and a lifestyle for about 10 years. Now he wants the relationship over. Can I get any support

Bennett James Wills
Bennett James Wills answered on Apr 17, 2019

If you are not legally married then you would not be entitled to support after a breakup. Likewise, the children are not entitled support since they are not his.

1 Answer | Asked in Uncategorized for Maryland on
Q: If a family member obtained written permission to fire guns on the property & the relatives die, is the permission null

The property has not changed ownership due to family disagreements and homesteading.

Mark Oakley
Mark Oakley answered on Mar 24, 2019

Whomever is the lawful owner of the property now has the authority it grant permission. Past permission granted by deceased owners is no longer effective. If more than one person is the lawful owner, any one of those persons may grant authority, although a dispute among owners over the issue will... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Is there a conflict of interest? and if it was a paralegal would there is be a conflict of interest?

An attorney is currently employed at a government agency that is now investigating a firm that he (the attorney) use to work for. The attorney is being asked to assist with the investigation of his former firm.

Tim Akpinar
Tim Akpinar answered on Mar 2, 2019

There could possibly be one in either instance.

Tim Akpinar

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