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Maryland Questions & Answers
1 Answer | Asked in Family Law and Child Support for Maryland on
Q: what does Title 4d motion/request genetic testing results mean?
Mark Oakley
Mark Oakley
answered on Feb 28, 2023

Either parent in a custody/child support case can request paternity DNA testing to prove whether the alleged father is in fact the father of the child. This motion and request is how that is done.

2 Answers | Asked in Tax Law, Real Estate Law and Probate for Maryland on
Q: Maryland Inheritance tax calculation. Based on amount before or after federal and state tax deductions?

I think I understand the "death" taxes in Maryland, but I am not positive on the calculations.

Are all taxes based on the value of the gross estate, or are some calculated based on the value after other taxes have been deducted?

For example:

Gross value of estate... View More

Mark Oakley
Mark Oakley
answered on Feb 26, 2023

Taxes are imposed on the gross estate. There are exemptions, credits and deductions that are/may be applicable. You absolutely need to pay a CPA to do these taxes for this size of an estate, as well as have estate counsel for the estate administration (or trust distribution). There are too many... View More

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1 Answer | Asked in Immigration Law for Maryland on
Q: USCIS sent my green card (through marriage) application back

because one of the forms included pages with two different editions. I am preparing it all again. I initially sent the application at the end of the 2022 so all the tax forms required for I-864 form were for 2021,2020, and 2019. I want to resend everything this month, should I first take care of... View More

James L. Arrasmith
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answered on Feb 26, 2023

It is always a good idea to have the most current tax information available when submitting a green card application. If possible, it would be best to update your tax information to include 2022, as this will show the most up-to-date financial information for your sponsor. However, if you are... View More

1 Answer | Asked in Divorce for Maryland on
Q: I'm going through a divorce & I just discovered that my wife for the first 8years of the marriage she committed fraud

We got married in 2004 & unbeknownst to me we were living in section 8 housing & she was using her maiden name to obtain benefits

Mark Oakley
Mark Oakley
answered on Feb 25, 2023

You need to be careful about how you use or report this information. You benefited financially from this fraud, by way of subsidized housing. How do you explain having such low housing expense all those years, without knowing the reason for it? If you received a benefit you were not entitled to,... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: if a person is evicted from a property can they return with out the property owners permission
Mark Oakley
Mark Oakley
answered on Feb 23, 2023

If they were evicted by court process, with service of a writ of possession by the Sheriff, then their return is trespassing, and you should file criminal charges (assuming you are the landlord with the writ of possession issued to you after prevailing in the eviction action). Ordinarily, upon... View More

1 Answer | Asked in Civil Rights for Maryland on
Q: What should I do if a company gave me a fake bill and neither the police nor the company offered any assistance?
Mark Oakley
Mark Oakley
answered on Feb 23, 2023

If someone gives you a "fake bill" ... don't pay it. It's fake. Unless you're not telling all the facts. Impossible to know what is going on. Let the company sue you if you dispute the alleged charge, and then a judge can decide whether the bill is fake or not and whether you owe any money.

2 Answers | Asked in Real Estate Law and Contracts for Maryland on
Q: house had ongoing leaking issue from builder and they never gave solutions for it, now the warranty past. What can we do

The that we purchased house and had ongoing leaking issue on the deck from builder and they never gave solutions for it but only said don't worry if it happen again they will fix it. This leaking issue is not only happened to us, our neighbor has the same issues too. We all had the same... View More

Mark Oakley
Mark Oakley
answered on Feb 23, 2023

Unclear what legal options you have since you say you are beyond the warranty period, but so long as you made the warranty claim within the waranty period, the ongoing failures to remedy the issue will act to extend that claim. Warranty clims are tricky and must comply with the notice requirements... View More

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Will excuses the need to post bond for the performance of duties. Do I still need nominal bond in MD?

Maryland probate estate value is $10,000 or more.

Will states: "I hereby excuse those persons named in or appointed pursuant to this Will as Personal Representatives from the necessity of posting any bond or other security for the faithful performance of their respective duties."... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 22, 2023

In a word, yes, even where a Will waives bond the Register can still require a nominal bond to cover anticipated inheritance tax and other court fees.

Wills almost always waive the bond requirement for monies going to people who may inherit. However the government doesn't...
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1 Answer | Asked in Arbitration / Mediation Law, Business Formation and Business Law for Maryland on
Q: Our partner locked us out from our business after withdrawing from association. He is trying to open a business w/o us.

Our business partner has locked us out of our business. They withdrew from the association, and we proceeded with the company opening. Because the venue is under their name, they seeked vengeance and locked us out of the venue. Now after withdrawing from the association they are working to open up... View More

Michael Ray Smith
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answered on Feb 21, 2023

Please consult an attorney in your state. Your question is far too complicated to be answered here. They lawyer you consult will need much more information.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I break my lease because my apartment is affected with mice and snake?Are Indoor Dryer Vents Legal in Maryland?

I discovered a mice infestation during the second week of my tenancy, it’s been almost 6 months, still the problem remains. In addition to this, there are issues with broken appliances such as the refrigerator, which has a water flow problem. There is also a leak from one of the ceilings.... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 21, 2023

Maryland law offers "rent escrow" as an option for a tenant living in a place that has serious health or safety violations. The tenant can seek different options, from having the landlord fix the problem, to asking the court to reduce rent or break the lease. It is up to the court to... View More

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Allstate insurance has been overcharging my account for months. Sometimes 2-3/per month. What are my rights?

This is for car insurance. Bank statements and the Allstate app for customers show that the account has been over charged. They are threatening to cancel the policy if additional payment is not made immediately.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 21, 2023

With any billing question it may be helpful to first review in detail the fine print of the insurance contract and/or ask the person/company imposing the charge to show you where in the contract gives the right to impose such a charge. For example, a contract might impose an "installment... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: 2 weeks before my 3 year probation was up my PO violated me on a misdemeanor offense. I had no issues during my 3 year

Probation period. My PO then reopened a restitution and violated me for that. I wasn't aware of the warrant when I stood in front of a judge for traffic. Why didn't they pick me up on the warrant then? There are several holes in this whole situation.like commissioner releasing me on my... View More

Scott Scherr
Scott Scherr
answered on Feb 21, 2023

You should retain an attorney to represent you. An attorney can file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be scheduled for a VOP hearing. The attorney can then represent you at the hearing.

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1 Answer | Asked in Environmental, Gov & Administrative Law and Municipal Law for Maryland on
Q: We have a issue with a contractor openly dumping the concrete from the east bound bridge into the Chester river any law

against this activity thaat may serve to stop such a poor idea

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

The Maryland State Department of Natural Resources has jurisdiction over the navigable rivers of Maryland, including police authority, and there are laws prohibiting dumping of trash, waste materials and other objects into rivers, punishable bu criminal and civil fines and penalties. Local county... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: Can I break my lease due to anxiety and depression??

My bedroom ceiling began caving in one night while I was asleep in bed. The proper management company did come and replace the entire ceiling in my bedroom however I haven’t slept in my bed due to the constant fear of it caving in. This has caused me sleep deprivation, which is worsening my... View More

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

Real Property Code Section 8-212.2, provides in petinent part;

(b) [I]f a tenant under a residential lease meets the conditions set forth in subsection (c) of this section, the tenant's liability for rent under the lease may not exceed 2 months' rent after the date on which the...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am a tenant and signed a lease with a married couple, lease is signed by both the husband and wife jointly. SDAT shows

they are both on the deed 50/50 ownership. They are getting divorced and the husband is claiming he is managing partner and has the right to terminate the lease without her consent. The divorce will not be finalized for 5 mo. She does not wish to terminate lease opposes his actions. What are my... View More

Leonard A Englander
Leonard A Englander
answered on Feb 19, 2023

I would need more information to answer this fully.

You mentioned that there is a automatic renewal clause in the lease that you initialed. Did that automatic renewal clause state that the lease would be renewed automatically for an additional year unless either party takes an action?...
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1 Answer | Asked in Family Law and Divorce for Maryland on
Q: Can a Non-modifiable alimony agreement be changed?
Mark Oakley
Mark Oakley
answered on Feb 17, 2023

By a court, no:

Family Law Code 8-103:

(b) The court may modify any provision of a deed, agreement, or settlement with respect to spousal support executed on or after January 1, 1976, regardless of how the provision is stated, unless there is a provision that specifically states...
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2 Answers | Asked in Constitutional Law and Gov & Administrative Law for Maryland on
Q: In Maryland is comor the law or does the Constitution matter more for entering public buildings without having to show

ID. I'm referring to a public building in a public lobby simply to do business.

Mark Oakley
Mark Oakley
answered on Feb 17, 2023

I assume you are referring to the Code of Maryland Regulations (COMAR). When the State Legislature enacts legislation establishing various government agencies to perform governmental functions, they grant the power of the agency to enact regulations to carry out the statutory mandate and powers... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: There are trees growing on the property line. The tree's branches have been encroaching toward my deck.

Squirrels have been using the branches to drop onto and and leap from my deck. Extensive chewing of the deck rails requires repairs over $1,000 and is leading to instability of the deck. The base of the trees are on the 10' utility easement and within the 5' HOA easement. I want the... View More

Richard Sternberg
Richard Sternberg
answered on Feb 16, 2023

The way to know your responsibilities as well as your neighbors' and the HOA's is to review the deed, survey, and the HOA Declarations and other documents. Any shortcut of that is unreliable. Generally, however, your deed rises to the FAA overflight limitation and down to the core of the... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Does my baby mother have the right to know my precise location when I have our child if she knows the street address?

I told her the street address where I was staying and showed her around the house and even let her talk to the owner of the apartment but I don’t feel comfortable telling her the door number. I am living with my uncle to get financially stable and he said she cannot come over. At first she agreed... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 15, 2023

Yes she has the right to know the precise location. If there is an emergency she needs to know exactly where the child is. Playing games about addresses never goes over well if this gets to court. Being more forthcoming and being willing to work with the other parent by giving information... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: What are the odds of me getting jail time for theft of $50,000?

I have an Arraignment Hearing next week & I am being accused of embezzlement of $50,000 I have never committed a crime this is my first offense. I live in Maryland. I wanted to know what’s the likely hood I will go to jail? & if I go to jail is it like a minimum security prison or is it... View More

Mark Oakley
Mark Oakley
answered on Feb 14, 2023

Impossible to say with any certainty. Jail is possible if not probable with such an amount, but probation or home confinement is also possible. If this is embezzlement from an employer of yours the risk is greater. The length of time of any jail sentence imposed could be served in a local detention... View More

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