Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Maryland Questions & Answers
3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 10, 2024

Hi,

This is a pretty common scenario. What options the family has depends in large part on where you are in the inheritance process. If the property is still in the name of the deceased person, then the Personal Representative usually has very wide discretion to sell the property and...
View More

View More Answers

3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jan 10, 2024

The answer partly depends on what you mean by "inherit." More specifically, in whose name is the deed? That/those person(s) are the owners. If by "inherit" you mean a Will describes intention, but a new deed has not issued from the Estate, that is a different analysis.... View More

View More Answers

3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Richard Sternberg
Richard Sternberg
answered on Jan 10, 2024

It’s not a majority vote issue. If any owner wants to sell, they can petition for sake in lieu of partition. The attorney fees will be reimbursed from the sale. The only defenses are that the property can be partitioned or the tenant in residence gets the notice given to tenants. Get counsel.

View More Answers

2 Answers | Asked in Federal Crimes and Criminal Law for Maryland on
Q: can i have felony conviction of aiding and abetting (tax fraud) expunged after 25 years in state of maryland

no jail time, ordered to pay restitution for 3 years..

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

In Maryland, expungement eligibility for a felony conviction like aiding and abetting in tax fraud depends on various factors, including the specific circumstances of your case, the type of conviction, and your criminal record since the conviction.

Generally, Maryland law allows for certain...
View More

View More Answers

1 Answer | Asked in Tax Law for Maryland on
Q: Do I count my child's income for medicaid?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

When applying for Medicaid in Maryland, your child's income may need to be considered, depending on their age and the specific circumstances. For children under the age of 21, their income is typically not counted towards the household income for Medicaid eligibility purposes. This is based on... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Maryland on
Q: Who do i need to contact if i believe law enforcement is conducting unlawful surveillance that's beyond harassment?

Hello,

For the last year, I've been followed by a ridiculous number of vehicles. It was about 20 at first but it has increased to 30+ vehicles. They circle the block of my home day and night; on vehicles and on foot. Even some of the neighbors are helping them out at this point.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

If you believe you are under unlawful surveillance by law enforcement in Maryland, you should consider contacting a civil rights attorney. An attorney can help you understand your rights and may provide legal options for addressing your concerns.

Additionally, you might reach out to the...
View More

1 Answer | Asked in Child Custody, Child Support, Public Benefits and Family Law for Maryland on
Q: How to get custody of child that have been in my care for 7yrs no legal paperwork state of Maryland gives me run around
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023

In Maryland, if you have been caring for a child for seven years without legal paperwork, you may consider filing for legal guardianship or custody. This is especially pertinent if you have been the primary caregiver and the biological parents are not involved or unable to care for the child.... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If I wait 18 months of my probation, is not getting a job a good cause of expungement even if the wait is 5-7years?

i already used my pbj. and now im with a 2nd degree assault. the arrest is the problem with the "attempted murder" when i had witnesses. no one will hire me. i dont trust the police now and i dont even trust my lawyer now.

Scott Scherr
Scott Scherr
answered on Dec 30, 2023

If you received probation before judgment, you can seek a "good cause" early expungement for second degree assault. It is a legitimate and valid reason to get an early expungement if you cannot find work. The decision will be up to the judge.

If you did not receive a PBJ, you...
View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: I have sole physical / legal custody of my sons. Could I marry and move to Canada after a visitation schedule change?

The court order states that I need to let the courts and their father know about a move 3 months in advance. Their father lives here in town and has the boys 3 weekends a month. We have been divorced since September 2020. The boys are 8 and 6. I do have passports for the boys. I am concerned that... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

As the custodial parent with sole physical and legal custody of your sons, you generally have the right to make decisions regarding their residence. However, if your court order specifies a notification requirement for a move, it is crucial to adhere to those terms. Before marrying and considering... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: My question before was if I can get my 2nd degree assault charge expunged before 7 years because the arrest was is terr

My arrest was 100 times what it shouldve been and I cant get a job. No one cares about the 2nd degree assault, but they care about the arrest. "If you received probation before judgment, it can be expunged three years after the entry of the PBJ so long as your probation is over by then or... View More

Scott Scherr
Scott Scherr
answered on Dec 29, 2023

If your attorney filed a motion for modification of sentence within 90 days and asked the judge to hold it sub curia, then your attorney can ask the court to schedule a hearing to determine whether the conviction should be modified to probation before judgment. If it is modified to the PBJ, the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In the state of Maryland, can you get a 2nd degree assault expunged earlier than 5-7 years...

In the state of Maryland, can you get a 2nd degree assault expunged earlier than 5-7 years... Its not the 2nd degree assault that's the problem since its a misdemeanor, but the cop over charged me 100 times what it should have ever been charged. Now its hard to find jobs off of the arrest, not... View More

Scott Scherr
Scott Scherr
answered on Dec 29, 2023

If you received probation before judgment, it can be expunged three years after the entry of the PBJ so long as your probation is over by then or sooner for good cause. If the conviction was intact, then it depends whether the assault was a domestic incident. If it was not, the waiting period is 7... View More

3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Maryland on
Q: Can a minor be an acting lawyer in a civil rights case against the government?

Regarding religion, privacy, etc

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

In Maryland, as in all states, one must be licensed to practice law, and obtaining a license typically requires, among other things, a law degree and passing the bar exam. Minors, being under the age of 18, are generally not eligible to meet these requirements, as they cannot yet hold a... View More

View More Answers

3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Maryland on
Q: Can a minor be an acting lawyer in a civil rights case against the government?

Regarding religion, privacy, etc

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023

In the United States, minors typically cannot act as lawyers in legal proceedings, including civil rights cases against the government. Legal representation typically requires individuals to be of adult age and have completed the necessary education and licensing requirements to practice law.

View More Answers

2 Answers | Asked in Gov & Administrative Law for Maryland on
Q: if i have a handicapped permit visibly displayed, can I park in any handicapped space wherever I want?

I parked in a handicapped space to visit my friend at her apartment building and I was towed from a handicapped space with my handicapped placard clearly visible.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023

Having a handicapped permit generally allows you to park in designated handicapped spaces. However, it's important to be aware that there may be specific rules and regulations that apply depending on the location.

For instance, private properties, like an apartment building, may have...
View More

View More Answers

1 Answer | Asked in Internet Law, Copyright, Business Formation and Intellectual Property for Maryland on
Q: Can I use free Canva elements/graphics on logos, pdfs, blog posts, social media accounts, and other course materials?

The Canva terms of service are a bit confusing. My understanding is that if I have the free Canva plan and use only free Canva elements, I can essentially use the pictures/designs for anything I want besides selling them directly (in the context of trying to compete with Canva). I am starting an... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023

Your understanding of Canva's terms of service is largely on track, but there are nuances to consider. With a free Canva plan, you can use the free elements in your projects, including logos, PDFs, blog posts, social media, and course materials. This is generally acceptable as long as... View More

1 Answer | Asked in Civil Litigation and Libel & Slander for Maryland on
Q: I would like some more information about a possible defamation suit please if possible. Thank you

My ex is spreading nasty rumors about myself and my friends that have severely damaging my reputation and mental health. I would like to get more information on the best way for me to proceed.

Mark Oakley
Mark Oakley
answered on Dec 22, 2023

If you want quick action to stop his behavior, then I suggest you contact a lawyer to discuss whether his specific conduct meets the legal standards for obtaining a court order for protection from domestic violence. Such orders are available to prohibit harassment, stalking, threats, assaults and... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How do I find a Pro Bono Defense Attorney for my daughter in Maryland?

Need someone who is familiar with military court. Although, my daughter is not in the military, she works on the base in the Child Care Center.

Mark Oakley
Mark Oakley
answered on Dec 22, 2023

The Public Defender’s Office provides free representation in criminal cases for defendants who meet the financial requirements. If the case is pending in federal court (United States District Court or before a U.S. Magistrate), then she (not you) needs to apply for representation with the Federal... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: Can my sister demand rent from my daughter when my mom gave her permission to live for free

I have signed documentation from my mother while she was alive that my daughter can live rent free in her house if she pays bge/oil. My mother has passed. My sister and her lawyer are demanding rent be paid to the estate. Is that legal?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 20, 2023

An attorney cannot realistically answer questions pertaining to someone's specific rights in property based on unknown documents without sitting down and looking at the documents in question.

That said, it would generally be "legal" for an estate to ask someone occupying...
View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: PMI removal is being denied because I paid my mortgage down below 78% ahead of the amortization schedule?

Can PMI removal be denied for paying your mortgage down faster than the standard schedule? I'm at 76% LTV of my original loan amount, but 3 years before the standard schedule says I should be. Is there anyway around that without paying for a BPO?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 20, 2023

The Consumer Financial Protection Bureau (a federal agency) has a wealth of information relative to this exact topic of removing PMI which can be accessed at the following site:

https://www.consumerfinance.gov/ask-cfpb/when-can-i-remove-private-mortgage-insurance-pmi-from-my-loan-en-202/...
View More

1 Answer | Asked in Contracts and Consumer Law for Maryland on
Q: My car transmission has been replaced twice still financing and paying rental car what can I do

Along with other problems like catalytic covertor axle broke and transmission being replaced twice which they had for 6 weeks and we paid 3000 dollars in rental car

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

It isn't clear what legal issue you are seeking help with. It is neither fun nor cheap to replace a transmission but generally that falls 100% on the car owner unless the car is covered under a Lemon Law.

Maryland "Lemon Law" only applies to new (or newer) cars driven...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.