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Maryland Questions & Answers
1 Answer | Asked in Estate Planning for Maryland on
Q: My parent created a trust but forgot to add a family property that is shared with siblings.

Is an attorney needed to add the property or is there a form that can be filled out?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Property is transferred to a Trust through means of a Deed or Assignment depending on whether the property has a ground rent. Different counties have additional requirements and all deeds require an intake (and in some cases affidavits). While deeds are not terribly complex, there are a lot of... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Question related to potential liability following a sale of a real estate property

I own a property that was remodeled but the work was done without the proper work permits and an inspector came and posted a stop work notice on the property. Bringing the property up to code required a significant financial investment as the work that was done was extensive and it was almost... View More

Mark Oakley
Mark Oakley
answered on Aug 28, 2024

Anybody can sue anybody for anything, and the person being sued will have to defend. There are various means and legal theories to pierce the company veil and reach the owner, but they all depend on a set of facts that your post doesn’t detail. You want a whole dissertation on all the ways the... View More

1 Answer | Asked in Business Law and Family Law for Maryland on
Q: How can we apply conservatorship for small business owned by our son, who is currently hospitalized for mental illness?

We want to protect his business from creditors until he is able to return to work.

Mark Oakley
Mark Oakley
answered on Aug 28, 2024

The best option is if he is mentally competent enough to sign a power of attorney that has a robust business management power section. If he is not mentally competent, then you will need to petition for guardianship. It is possible to do so on an emergency basis if there is an emergency, but it... View More

3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I am a personal rep for an estate with a debt of over 30k. 2 property’s unpaid taxes. Can I forfeit this land?

The land is taxed way above actual value . It was on the market for years. Before the owners died , So it is basically unsaleable. I would like to forfeit the land in exchange for the debt located Mechanicsville Maryland.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 28, 2024

While there is no legal process to "forfeit land" practically speaking if the owner defaults on the annual property taxes it would go into tax sale, and if someone else purchased the property at tax sale it would have the same practical effect as forfeiting. However, a Personal... View More

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3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: I am a personal rep for an estate with a debt of over 30k. 2 property’s unpaid taxes. Can I forfeit this land?

The land is taxed way above actual value . It was on the market for years. Before the owners died , So it is basically unsaleable. I would like to forfeit the land in exchange for the debt located Mechanicsville Maryland.

Symantha Rhodes
Symantha Rhodes
answered on Aug 28, 2024

As the trustee of this estate, your primary responsibility is to act in the best interests of the beneficiaries. While forfeiting land for debt might seem like a direct solution, it's generally not a feasible option. Forfeiture typically occurs due to illegal activity, not as a means of debt... View More

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1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Maryland on
Q: How long of a delay does a traffic stop add to your overall time to get a License In Maryland?

So I went in today to renew my Provisional Driver License to a Regular Driver License due to me being 21 now and my Providional Driver License being expired. They renewed it for me and when I got back home and looked at the paper, it says that they renewed my Provisionals DL for an additional 6... View More

Scott Scherr
Scott Scherr
answered on Aug 24, 2024

You should get a certified copy of your driving record and probation before judgment record. It will show all convictions and PBJ's. Only moving violations should reset the provisional license. If you have no moving violations, go back to the MVA and speak with a supervisor.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: My daughter received a camera citation for not completely stopping before making a right turn. She was not the driver; I

was the driver; now the traffic police is asking her to snitch on a transfer of liability ; is there a law in MD that re butts this transfer of liability " snitching?"

Scott Scherr
Scott Scherr
answered on Aug 22, 2024

The Maryland statute states that it is a defense to a camera ticket that you were not the driver, but that you then need to identify the driver. See Md. Ann. Code, Trans. Art., Sec. 21-202.1.

The ticket only carries a $75.00 fine and does not carry points.

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Maryland on
Q: How can I challenge State Farm's undervaluation without incurring prohibitive legal costs and ensure my 27-1001

How can I challenge State Farm's undervaluation without incurring prohibitive legal costs and ensure my 27-1001 filing is as strong as possible?

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

A Maryland attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, the general manner of challenging an undervaluation could include presenting evidence in the form of comparable listings within a given region, an... View More

1 Answer | Asked in Government Contracts and Gov & Administrative Law for Maryland on
Q: What licenses and permits do I require for MD govt contracting in the field of Custom software programming?

Further what licenses and permits do I require to operate as computer peripherls and equipment supplier with the state of MD?

Kenesha A Raeford
Kenesha A Raeford
answered on Aug 6, 2024

This is a fairly complex question that does not have a straightforward answer. You will certainly need to be licensed and compliant with all of the appropriate governing bodies in your field. Outside of that, there could be additional licensing or qualifications required to contract with a... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Libel & Slander for Maryland on
Q: If someone filed a peace order with false statements/allegations, what should the other party do to respond?

I got served with a peace order in the evening hours of Friday July 12th. On the peace order there was already a hearing for this morning Monday July 15th at 9am at the Silver Spring, MD court house. I live in Gaithersburg and since I had got served late Friday I did not have time to talk or reach... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Aug 6, 2024

Go to court and represent your defense. Gather your information and organize your reasoning for the false statements. However, it is important to keep in mind that the court will be weighing the evidence in the light most favorable to the person requesting the peace order. This means that your... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: I was suing in small claims court but missed the court date and it was dismissed. Can I sue again?
Kenesha A Raeford
Kenesha A Raeford
answered on Aug 6, 2024

More than likely, yes. When you, the Plaintiff, fail to appear, the court typically dismiss the case because they have determined that you are not prosecuting the case and therefore do not need relief from whatever injury or loss you are claiming. There are typically two different types of... View More

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Maryland on
Q: Is a commercial vehicle (semi) at fault if he hits a pedestrian in a crosswalk?

If a commercial vehicle (semi) hits a pedestrian (fatal) in a crosswalk after coming to a complete stop, with expired tags (3yrs expired) while turning on a residential road that has posted no trucks over 3/4 ton, automatically responsible if the pedestrian followed all the rules and laws for... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

An attorney could offer more in-depth insight with the police report and additional details. I'm very sorry for the loss of life of the pedestrian. A likely citation could be "Failure to Yield" to a pedestrian in a crosswalk. But that's without knowing details, such as whether... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Was in an accident in MD, other drive at fault making illegal turn. Totaled my car, stitched hand, what do I expect?

As mentioned a car caused an accident by making an illegal left hand turn into me. Other insurance company accepted fault, I have 11 stitches in my hand, my 2 month old new Tesla Model Y is now totaled, should I seek legal council, what should I expect from an accident of this nature, what would be... View More

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

I'm sorry about your accident. In terms of what expect, no one could answer that question based on the limited details here. It would depend on the prognosis for recovery with treatment. You could arrange a free initial consult with attorneys - but even there, attorneys will be likely to tell... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: Was in an accident in MD, other drive at fault making illegal turn. Totaled my car, stitched hand, what do I expect?

As mentioned a car caused an accident by making an illegal left hand turn into me. Other insurance company accepted fault, I have 11 stitches in my hand, my 2 month old new Tesla Model Y is now totaled, should I seek legal council, what should I expect from an accident of this nature, what would be... View More

Scott Scherr
Scott Scherr
answered on Aug 5, 2024

You should retain an attorney to handle your claim. An insurance company will not take an unrepresented individual seriously. You are entitled to compensation for your medical bills, lost wages, pain and suffering, and other losses.

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1 Answer | Asked in Bankruptcy, Contracts, Arbitration / Mediation Law and Banking for Maryland on
Q: Can my car lease be repossessed from defaulting on a unsecured credit card within the same bank?

I am looking into joining a debt relief program and before doing so, I am concerned that not paying/defaulting one of my unsecured credit card debts that will be included in the program with Chase Bank will then cause them to repo my vehicle which is also a lease through Chase Bank. I also have a... View More

James L. Arrasmith
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answered on Jul 24, 2024

When you default on an unsecured credit card, it doesn’t automatically lead to the repossession of your leased vehicle. Typically, the repossession of a vehicle is associated with missed payments on the auto lease itself, not other unrelated debts. However, banks can cross-check their records,... View More

1 Answer | Asked in Civil Rights, Federal Crimes, Constitutional Law and Juvenile Law for Maryland on
Q: How do I get MD state police to fully remove a supposed expunged record from their databases?

I was federally charged for possession of Marijuana (made a wrong turn and ended up speeding on Pentagon property and was pulled over with my medical card and legally purchased cannabis). Which was later expunged after completing the mandated probationary period along with community service, but 7... View More

James L. Arrasmith
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answered on Jul 21, 2024

To fully remove the expunged record from the Maryland State Police databases, you should start by contacting the Maryland State Police's Criminal Justice Information System (CJIS) directly. Explain your situation and provide them with all relevant documentation, including the letter of... View More

2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Who is liable is someone drives a car I rented without my permission and they wreck it?
Tim Akpinar
Tim Akpinar
answered on Jul 17, 2024

The driver is liable for the wrongful act. Unfortunately, being on the record, the rental company would look to you. Paying for the damages could depend on what type of coverage you took out in renting the vehicle. Good luck

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Who is liable is someone drives a car I rented without my permission and they wreck it?
Scott Scherr
Scott Scherr
answered on Jul 14, 2024

The driver and you are both responsible for the damage to the rental car. The driver is responsible for damaging the car. You are responsible under your rental car agreement. The driver would be responsible to you for any money you have to pay to the rental car company. If you have insurance,... View More

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2 Answers | Asked in Elder Law, Health Care Law, Medical Malpractice and Personal Injury for Maryland on
Q: If hospital and doctors fail to treat life threatening wounds, or address pain, is this elder neglect??

65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain

Tim Akpinar
Tim Akpinar
answered on Jul 23, 2024

You could reach out to attorneys to try to arrange a free initial consult. For the matter of neglect, it does not sound like the hospitals or doctors were designated in a role of caretaker or similar capacity. The problem in such a phone setting that transpires over a course of years is that there... View More

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2 Answers | Asked in Elder Law, Health Care Law, Medical Malpractice and Personal Injury for Maryland on
Q: If hospital and doctors fail to treat life threatening wounds, or address pain, is this elder neglect??

65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Typically, it is difficult to maintain an action for medical malpractice due to a patient's inability to schedule an appointment. In a true medical emergency, the patient should go to a local emergency room or call 911 for paramedics to assess and transport the patient to a hospital. It is... View More

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