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Maryland Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: My mom passed away with no will. She is not married and I am her legal heir. How can I get money from her estate?

My mom was not married and I am over 18 years of age. I need money before going to probate.

Mark Oakley
Mark Oakley answered on Apr 11, 2021

It's not that simple. When a person dies, any assets they own becomes property of their estate, whether or not a formal estate has been filed and opened. Financial institutions like banks will freeze and lock the accounts of any account holder whom they learn has died, and will only allow... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Is the prosecution case strong if someone violated a protective order but you can’t see who it is in the video evidence?

The video has no time stamp to prove where it happened, date or time and there are witnesses saying that the accused is guilty because they seen the person at the said time.

Eric Todd Kirk
Eric Todd Kirk answered on Apr 11, 2021

That seems like a remarkably strong case. Eyewitness testimony from multiple sources placing an individual at a scene- presumably where they are not supposed to be- corroborated by video evidence.

1 Answer | Asked in Criminal Law for Maryland on
Q: Is calling on behalf of someone saying you are them a crime
Eric Todd Kirk
Eric Todd Kirk answered on Apr 10, 2021

It could be part of a series of acts that constitute a crime, depending on the context. It's not possible to definitively answer your question without that context. Having said that, it's difficult to conjure a valid reason to deceive someone into thinking you are someone else-whether... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: My complex gives a 6 month period for us to give notice of us either ending or renewing our lease. Is this legal?

We are required to give notice at least 6 months before the end of our lease. I've only seen time periods up to 90 days so is 6 months legal?? We did sign this but is the contract legal in the first place?

Mark Oakley
Mark Oakley answered on Apr 9, 2021

There is no prohibition to providing a longer notice period that that required by law, however, there are other limitations imposed. For instance:

MD Real Property Code, 8-208(d): A landlord may not use a lease or form of lease containing any provision that has the tenant agree to a period...
Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: What can an inmate do when a judge's order is not being effectuated in a timely manner by the State of Florida?

My son, a paranoid schizophrenic, is in jail ( Florida) for a probation violation. On March 9th the judge ruled that he be transported to the State Mental Health Hospital for treatment. It is over a month and he has not been provided the treatment ordered by the judge. His mental health is... Read more »

Mark Oakley
Mark Oakley answered on Apr 9, 2021

Your son needs a Florida criminal defense lawyer to file an emergency motion and/or petition for writ of habeas corpus, both to enforce the judge's order and to raise grounds of a violation of your son's constitutional right to be free from cruel and unusual punishment (failure to treat... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Security deposit was put on a rental property, but found some issues

Went into the property, to clean for move in found mold in the kitchen, infested with roaches, holes in the walls and previous tenants had dogs which soiled the carpet and the house smells really bad, the microwave doesn’t work and the dishwasher doesn’t work either. The kitchen counters are... Read more »

Leonard A Englander
Leonard A Englander answered on Apr 8, 2021

Sorry, just saw this. Everything is governed by the lease. If you are noting these issues now though and you haven't already signed a lease, I would see about getting out of this ASAP. These type of problems rarely get better.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My landlord gave me a three day notice to vacate my apartment. She said because she my mother and myself had an argument

She said she felt threatened but no one threatened her. I didn’t move and then she put an eviction notice on the door. She prepaid rent to use for legal costs. I did move but I don’t know what to say in court. Can someone please help me.

Leonard A Englander
Leonard A Englander answered on Apr 7, 2021

I will need a bit of clarification:

Is she filing suit against you for unpaid rent or breach of lease or something similar?

1 Answer | Asked in Consumer Law, Criminal Law and Civil Litigation for Maryland on
Q: can I file a counterclaim in a replevin case?

someone has filed a show cause against me. this person has access to their property but has not taken it. the items are in a storage unit in my name that they were to pay for but haven't for 6 months. now they are refusing to pay and filed a replevin for the items.

Mark Oakley
Mark Oakley answered on Apr 6, 2021

Answer the complaint admitting you have the property and file a counterclaim for the money they agreed to pay to store it but haven't, under a breach of contract theory.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Maryland on
Q: i rear ended someone in MD and i was uninsured back in oct/2020 and the insurance company is trying to subrogate

the insurance company is trying to subrogate against me for almost 20k and are not willing to work out payment plans under $900+ per month, which i’m unable to afford. Also, the other driver was my neighbor at the time and he only had his bumper and tailgate replaced as a result of the accident,... Read more »

Mark Oakley
Mark Oakley answered on Apr 6, 2021

Bankruptcy. Talk to a bankruptcy attorney. You may qualify for a full discharge under Chapter 7 or a 3-5 year payment plan for a portion of the debt with small payments under a Chapter 13, and then discharge the balance. If the insurance company hasn't obtained a court judgment against you... Read more »

2 Answers | Asked in Traffic Tickets for Maryland on
Q: Is the date of conviction for a moving violation the date issued or the date you pay the violation?

I got a moving violation 2 weeks before I’m eligible for my regular license. I have up to 2 weeks after I can get my license to pay the ticket or fight it. I don’t have good chances to fight this Delaware ticket for failing to yield. If I go to the mva and get my license and then pay the ticket... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 5, 2021

You need to hire a traffic ticket lawyer in the jurisdiction the ticket was issued and see if you can get something worked out re: your most recent ticket.

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1 Answer | Asked in Gov & Administrative Law and Public Benefits for Maryland on
Q: Been turned down for a Md state ID. Desperately need to open a checking account. Living in a hotel and no resources

I have been living in a hotel since 12/20/20 and I need to get a state ID to cash an insurance claim check. I moved from Ohio and my purse was stolen with a few other items right as I was leaving. I have acquired another birth certificate since. I have had several items mailed to me here, at the... Read more »

Mark Oakley
Mark Oakley answered on Apr 5, 2021

Not much anyone can do in three days time. The ID proof requirements are set forth on the MVA website:

https://mva.maryland.gov/drivers/Pages/apply-id-card.aspx

The MVA requires appointments during COVID, and you do not receive your ID card on the spot anymore for security reasons....
Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What Is The Action Called In Court And Is The Virtue Of Adverse Possession The Same As The Elements.

(Action For Recovery Of Possession Of A Corporeal Freehold Or Leasehold Estate In Land.) Is It A Quite Title Or A Court Order Court Order Enforcement Like In Child Support Cases In Enforcement There Of And If They Disregard The Child Support. Regarding The Adverse Possession Law Maryland. I Have... Read more »

Mark Oakley
Mark Oakley answered on Apr 3, 2021

You file a Complaint to Quiet Title and/or for Declaratory Judgment. You name as defendant the person whose name is on the deed to the property as recorded in the Land Records, as well as any “holder in interest” of any unreleased lien instrument filed against the property as recorded in the... Read more »

1 Answer | Asked in Criminal Law and Internet Law for Maryland on
Q: Adverse Possession Maryland Law State / Common Law.

Adverse Possession Maryland Law Can the Land Sell It. The Private Auction Company And And They Will Not Canceled It. It Is For Auction (April 6th 2021). I Had The One Canceled Before By The Same Private Auction Company On ( July 17th 2020). The Owner Knows That The Land Is Adverse Possessed. And... Read more »

Mark Oakley
Mark Oakley answered on Apr 3, 2021

If you claim to own the land pursuant to the common law doctrine of adverse possession, then you must establish this fact by way of an action in court to declare yourself the owner by virtue of adverse possession, and you must serve the titled owner of record and any trustee under any recorded and... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: How can I resign as trustee from a family trust, the deceased family member died destitute, & backup refuses to serve?

The beneficiaries of the trust are four charities, and I have already sent an email to all four indicating that my godmother died destitute owing thousands of dollars in taxes and credit card companies.

Mark Oakley
Mark Oakley answered on Apr 3, 2021

So, are you saying there are no assets in the trust? Simply notify all charities of this fact, by certified mail, and that you intend to resign. If there are trust assets, you will need to identify what those assets are by way of an accounting (nature, location, amount/value as of the most recent... Read more »

2 Answers | Asked in Animal / Dog Law and Personal Injury for Maryland on
Q: What should I do if my dog who is not considered as a dangerous dog got to bite someone
Mark Oakley
Mark Oakley answered on Apr 2, 2021

Did your dog bite someone? If so, and if the person either is filing a claim for personal injuries or called the police/animal control, then you need to respond to both. The county code generally controls the determination of whether a dog is dangerous or not, and most counties have a two-bite or... Read more »

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1 Answer | Asked in Business Law for Maryland on
Q: What will it cost to file articles of conversion and articles of incorporation in md
Mark Oakley
Mark Oakley answered on Apr 1, 2021

The filing fees are listed on the SDAT website, and the amount depends on whether you mail the filings in (which can take two to four weeks to get filed that way) or by electronic filing over the internet portal, which happens within a day. The fee doubles to do the internet portal filing. Legal... Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Define a satellite organization. What if the satellite organization is an ERISA plan.

I am a healthcare provider treating Medicaid patients. I have 2000 employees and file 5500s. One of our subsidiaries has been in state plan and we can save money by putting all our employees in the state plan. Can we?

Mark Oakley
Mark Oakley answered on Mar 31, 2021

You really need to find a lawyer who practices healthcare and insurance law, and not be asking such questions that affect a business and employee base this large as yours on a question-and-answer board. I imagine there are far more information and details that need to be looked into before you can... Read more »

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: I’m 17 years old born in 2004 and my Bf is 21 born 1999 is it wrong to be dating ?

Would he be in trouble if I become pregnant? I’m in Maryland

Mark Oakley
Mark Oakley answered on Mar 31, 2021

There are no laws prohibiting your relationship, unless your boyfriend is a your teacher, counselor, coach, or other supervisory adult over you. The age of consent to engage in sexual activity is 16 in Maryland, and you are over that age. Getting pregnant at such a young age is a mistake most... Read more »

1 Answer | Asked in Business Law and Health Care Law for Maryland on
Q: Can I be held liable for a dental bill when correct amounts were not initially disclosed or signed for?

My dentist office continuously provided procedures under the pretense that they would be covered by my insurance. I have now discovered that I hit my spending limit, despite asking the office multiple times if I was coming up on it. They are now holding me accountable for out of pocket costs that I... Read more »

Mark Oakley
Mark Oakley answered on Mar 30, 2021

Unless you can show a knowing and intentional act on the part of the dental office to fraudulently trick you into dental services they knew were not covered by your insurance plan, and you clearly and unequivocally communicated to them that you would only accept the procedures if they confirmed... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I live in MD and I have filed a breach of lease against the tenant who I am renting my house to.

When I filed the form for eviction at District court, I check marked the box for 14 days breach of lease causing imminent danger. Is it possible to change the eviction notice to 30 days for breach of lease?

Also if I filed my case on January 25th and I issued a notice to quit/vacate... Read more »

Leonard A Englander
Leonard A Englander answered on Mar 30, 2021

That's a whole bunch of questions. In regards to the 14 days, if there is danger of imminent damage/harm, then yes, you could go for the 14 day notice.

In regards to will the judge really look at the notice: it depends on the judge, but yes, they should certainly be looking at it....
Read more »

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