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Maryland Questions & Answers
2 Answers | Asked in Estate Planning and Nursing Home Abuse for Maryland on
Q: Which power of attorney for uncle in nursing home in MD?

I need to obtain power of attorney for my uncle, who is in a nursing home and requires assistance with both his personal care and managing his financial and medical decisions. He is currently unable to make most decisions independently. Which type of power of attorney would be most appropriate in... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

Your uncle must be mentally competent and capable of comprehending the import of the document he is signing; otherwise, the only option is a petition for legal guardianship filed in court. If he is mentally competent to sign a power of attorney, he should sign two POAs: (1) a Maryland Statutory... View More

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2 Answers | Asked in Estate Planning and Nursing Home Abuse for Maryland on
Q: Which power of attorney for uncle in nursing home in MD?

I need to obtain power of attorney for my uncle, who is in a nursing home and requires assistance with both his personal care and managing his financial and medical decisions. He is currently unable to make most decisions independently. Which type of power of attorney would be most appropriate in... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 8, 2025

Generally there are two types of Powers of Attorney in Maryland: Health Care and Financial. They each appoint an agent, the health care agent to manage health care and the financial agent to manage financial and related affairs. Most people should have both. These are generally NOT combined in... View More

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2 Answers | Asked in Estate Planning, Tax Law and Probate for Maryland on
Q: Can I move inherited MD property to my trust with step-up basis?

If my mom passes away, her house, located in Maryland, is in a trust for my brother and me. Am I able to move the property into my separate trust for my children and still receive a step-up in basis? I plan to give my brother half of the property's current value in cash. Would I need to first... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 7, 2025

Although an attorney cannot answer specific questions about a specific Trust without seeing the Trust terms, generally speaking there is a stepped-up basis for inherited property. There are different kinds of Trusts and the post doesn't say what kind is involved here but for a typical... View More

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2 Answers | Asked in Estate Planning, Tax Law and Probate for Maryland on
Q: Can I move inherited MD property to my trust with step-up basis?

If my mom passes away, her house, located in Maryland, is in a trust for my brother and me. Am I able to move the property into my separate trust for my children and still receive a step-up in basis? I plan to give my brother half of the property's current value in cash. Would I need to first... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

Assuming your mother's trust is a revocable living trust, then upon her death the tax basis in the property is stepped-up to the fair market value of the property as of the date of her death. If you and your brother are sole beneficiaries of the trust, and the trust allows for the... View More

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1 Answer | Asked in Business Law, Real Estate Law, Landlord - Tenant and Civil Litigation for Maryland on
Q: Is the landlord responsible for water damage repairs and cleanup in MD?

I am renting a unit in a commercial building in Maryland for my business and have experienced significant water damage due to a leaking roof. We have been notifying the property managers through email for several months, but their responses are only about attempts to fix the roof without addressing... View More

Richard Sternberg
Richard Sternberg
answered on Mar 6, 2025

You need to retain counsel for a lease review. Commercial leases are not controlled by consumer rental laws. The lease is usually binding, but commercial leases are often longer and complex. You need to know what your lease says, and you should have had counsel review before you signed it. That... View More

1 Answer | Asked in Business Formation, Divorce and Family Law for Maryland on
Q: Can I structure an LLC to restrict my wife's access due to divorce?

I'm planning to form an LLC and would like to structure it so that my wife does not have access to it due to a possible divorce. We do not have any premarital agreements in place. Can you advise on how I might structure the business and what legal considerations I should be aware of?

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Any business you create in any form during your mariage becomes marital property. Your spouse may not necessarily have "access" in the sense of control, but she would have a claim to half the ownership or at leat half the value of the company. For instance, you can create an LLC and be... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: How to get notified about trust disbursement if out of touch with trustees?

I am aware of a trust created under my name and social security number by trustees at my birth, but I am no longer in touch with them. I have no documentation, and I received a car under this trust in the past. I know the trustees' names but haven't been able to reach them. The trustees... View More

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

If the trust was created in Maryland (and likely has a choice of law provision that states it is governed by Maryland law), or the trustees are located in Maryland, then under Maryland law each beneficiary of the trust has the legal right to receive a copy of the trust as well as an accounting of... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I expunge a minor firearm possession record in MD to own a firearm?

I was charged with the minor in possession of a firearm in Maryland and entered a plea agreement which resulted in a 9-month sentence. This incident occurred 8 years ago, and I have had no more legal incidents since then. I would like to know if I can have this record expunged in order to legally... View More

Scott Scherr
Scott Scherr
answered on Mar 5, 2025

It depends whether you received probation before judgment and the exact charge. If you received probation before judgment, it can be expunged now. If the conviction stood, then you would need to review the list of convictions that can be expunged or speak with an attorney.

2 Answers | Asked in Identity Theft and Real Estate Law for Maryland on
Q: Identity and mortgage fraud involving LLC and house sale under my name.

I am dealing with identity fraud and mortgage fraud. Someone opened an LLC under my name and also sold a house in my name by signing the documents, leading to financial losses. How should I proceed with this situation?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 3, 2025

You omit key facts that would permit any opinion. For example, was property acquired in your name improperly? Or was property already owned by you fraudulently transferred by another using your name? And do you know any of the participants in the transactions, personally? This is a complex ball of... View More

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2 Answers | Asked in Identity Theft and Real Estate Law for Maryland on
Q: Identity and mortgage fraud involving LLC and house sale under my name.

I am dealing with identity fraud and mortgage fraud. Someone opened an LLC under my name and also sold a house in my name by signing the documents, leading to financial losses. How should I proceed with this situation?

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Fraud of any kind may be a criminal offense. If you were not involved in any way with the property or the LLC, and this is a complete stranger to you who perpetrated these acts, then you should be contacting the police in the jurisdiction where the property was located or where you believe the... View More

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1 Answer | Asked in Car Accidents, Criminal Law, Insurance Bad Faith and Personal Injury for Maryland on
Q: Can I press charges against a drunk driver who hit my car?

I was involved in an accident with a drunk driver who hit my car. Although he has insurance, he has been dodging calls from his insurance company for months. He is currently in jail for hitting another driver's car and injuring them. I have filed a police report, have pictures, a video of the... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

A Maryland criminal law attorney could advise best on the issue of charges, but regarding the civil issues in your questions, it's possible the other driver is not able to respond due to incarceration. The carrier should still manage to process the claim and advise on their position. You... View More

2 Answers | Asked in Divorce, Child Custody, Child Support and Business Law for Maryland on
Q: How to draft a marital settlement agreement in a divorce with 5 children?

I'm currently in the process of a divorce and need to draft a marital settlement agreement. My spouse and I have five children, and we have discussed all the custody and support arrangements, as well as the division of assets and debts. How should I proceed with drafting the agreement to... View More

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Please hire a lawyer to do this. This is not a do-it-yourself project. You do not know what you do not know, and leaving necessary provisions out, or putting in the wrong provisions or wording, will cost a fortune in future litigation to try and reverse or correct, and potentially without... View More

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: Is it legal to drive with historical tags on weekends in MD?

I'm in Baltimore County and considering historical tags for my 2001 Chevy Cavalier. Is it legal to drive the car on weekends for activities like grocery shopping and commuting to my part-time job if I'm the only person in the car? I want to ensure I follow the laws and avoid any violations.

Scott Scherr
Scott Scherr
answered on Feb 26, 2025

Historic vehicles cannot be used for general transportation or to transport passengers or property on highways. They cannot be used to go to work or school. They can only be used in exhibitions, club activities, parades, yours, occasional transportation, and other similar uses. Thus, you cannot use... View More

1 Answer | Asked in Collections, Identity Theft and Consumer Law for Maryland on
Q: Can I sue for damages from SSN identity theft affecting mortgage? MD

I discovered an account in collections on my credit report that was fraudulently opened using my SSN. I reported the identity theft to my local police department and disputed the account with Experian, which removed it. However, Transunion has not removed it, and as I'm applying for a... View More

Matthew McKenna
Matthew McKenna
answered on Feb 25, 2025

I would contact a consumer protection attorney familiar with the Fair Credit Reporting Act to determine if there is an actionable claim against Trans Union. If there is an actionable FCRA claim, there's a chance that this increased interest rate can be used as damages but tough to determine... View More

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Do I need a lawyer to retrieve property after arrest in Maryland?

I was arrested and my money and jewelry were taken. Charges were filed against me, but I haven’t received any documentation from the court or police regarding the seizure or retention of my property. There hasn’t been a specific reason given for withholding my property. Do I need a lawyer to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

All property seized pursuant to arrest or a warrant can be recovered not later than after all criminal charges are resolved, but to the extent the property is deemed to be evidence that supports the charges against you, than you cannot get that property back before the charges are all resolved, and... View More

1 Answer | Asked in Consumer Law for Maryland on
Q: Yes, can a restaurant place collections on me

In June 2024 I had a baby shower and placed the catering order at a company. I thought I paid online but when my fiancé got to the location, he asked if I if he needed to pay they said no he want to make sure that he didn’t need to pay and they said no in January I get a call stating that the... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

The restaurant can sell the unpaid account to a collection agency, or retain a collection agency for a fee, to try and collect the past due amount owed. If you do not work something out with either the restaurant or the collection agency that takes over collection of the debt, then eventually they... View More

2 Answers | Asked in Criminal Law, Identity Theft and White Collar Crime for Maryland on
Q: Arrest for fraud without prior knowledge; not read rights.

I was arrested by Baltimore County police due to a warrant from Anne Arundel County on November 16, 2024. I was unaware of the warrant until I was stopped by the police while driving for Uber. Apparently, a ride I completed, which involved picking up and dropping off an envelope, was related to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

The only penalty for not being read your Miranda rights is the suppression of any admissions you made during your custody so they would be disallowed as evidence against you at trial. Since you were not questioned, the failure to advise you of your right to remain silent and right to have counsel... View More

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2 Answers | Asked in Probate, Family Law and Estate Planning for Maryland on
Q: What to do after separated spouse's death with children in Maryland?

I am currently married but separated from my spouse, who has just passed away. There were no legal arrangements made during our separation. We have children together, and there were no pending divorce proceedings at the time of his passing. I am unsure if there is a will or any significant assets... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

Consult a lawyer about this. A lot depends on whether there is a will or not, and whether the children are minors or not. In addition, how your assets are titled and whether any assets solely in his name have beneficiaries (transfer on death or “TOD”) designated, have a big impact. As surviving... View More

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2 Answers | Asked in Probate, Family Law and Estate Planning for Maryland on
Q: What to do after separated spouse's death with children in Maryland?

I am currently married but separated from my spouse, who has just passed away. There were no legal arrangements made during our separation. We have children together, and there were no pending divorce proceedings at the time of his passing. I am unsure if there is a will or any significant assets... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 20, 2025

If you did not waive rights in a prenuptial, then as surviving spouse you would stand in priority to open the estate. If your husband had no Will then the property would pass under the laws of intestate succession. How property would be distributed without a Will depends on whether your husband... View More

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1 Answer | Asked in Landlord - Tenant and Animal / Dog Law for Maryland on
Q: Will a lease termination for pet violation affect my rental record if I vacate by deadline?

I received a lease termination notice from my landlord, who claims I violated the lease by having more dogs than allowed. The lease specifies no pit bulls or aggressive breeds, and my dog is an American bulldog. This is the first time I've been notified of this issue. If I vacate by the given... View More

Leonard A Englander
Leonard A Englander
answered on Feb 18, 2025

The simple answer is yes, but if you do so without negotiating an end to your lease, you may get stuck paying for a portion of what remains on your lease (assuming it's not a month-to-month lease at this time). I would recommend negotiating an end to your lease and getting something in writing... View More

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