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3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: My mother passed and I am selling her house. She had a reverse mortgage with balance of 393,000. The appraised value

is 473,300. How much would the estate tax be? I live in Md

James L. Arrasmith
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answered on Feb 22, 2024

When dealing with the sale of a property from an estate, such as your mother's house with a reverse mortgage, the primary concern for taxes would typically involve capital gains tax, estate tax, or inheritance tax, depending on various factors including the total value of the estate and the... View More

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3 Answers | Asked in Real Estate Law and Tax Law for Maryland on
Q: My mother passed and I am selling her house. She had a reverse mortgage with balance of 393,000. The appraised value

is 473,300. How much would the estate tax be? I live in Md

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 13, 2024

Maryland has several different "death taxes" and it really isn't possible to define the taxes without knowing the full context. If an attorney is assisting with the estate they should be able to discuss these in depth based on the specifics of your situation. However, generally... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Maryland on
Q: Can your job search your person and bags everyday before you can clock in? Does expectation of privacy go out the window
James L. Arrasmith
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answered on Feb 5, 2024

Employers may implement policies for searching employees' bags and persons as part of their efforts to protect company property, ensure workplace safety, or prevent theft. However, these searches should be conducted in a manner that respects employees' privacy rights and is consistent... View More

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Regarding detective leave card on my door

A detective left a card on my door and after I called back he said the police station department has been getting lots of harrasment annoying phone calls and traced back the phone numbers IP adress to my house.He said if they get any calls he will charge everyone inside my house with... View More

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answered on Feb 5, 2024

If a detective has contacted you regarding harassment calls traced back to your house's IP address, it's crucial to take this seriously while also understanding your rights. Legally, charging someone with harassment requires evidence that the individual intentionally participated in the... View More

1 Answer | Asked in Internet Law for Maryland on
Q: Would like to know how to get a court order to remove personal info written in a news article that I never consented to?
James L. Arrasmith
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answered on Feb 2, 2024

To seek a court order to remove personal information from a news article that you never consented to, you would generally need to pursue a legal process involving defamation or invasion of privacy claims. Firstly, consult with an attorney who can assess the specific circumstances of your case and... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I plead guilty in Maryland to working without a contractor license

I have plead guilty my lawyer filed a motion within 90 days for reconsideration I want ti get my guilty plea changed from guilty to PBJ its holding me back and I can’t get this other charged due to this if someone can please help me it would be greatly appreciated thank you

T. Augustus Claus
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answered on Feb 1, 2024

If you've already pleaded guilty to working without a contractor license in Maryland and your lawyer filed a motion for reconsideration within the 90-day window, you've taken the initial steps to address the situation. However, changing a guilty plea to a Probation Before Judgment (PBJ)... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I plead guilty to working with a contractor license in Maryland 2023 my previous lawyer filed a motion for

Reconsideration within 90 days I was ordered to pay restitution which that will be paid off within 90 days what is my chance of convincing the judge to switch the guilty plea to a PBJ and what is my chances I am trying to change my life and this charge is preventing me from getting another charge... View More

Mark Oakley
Mark Oakley
answered on Feb 1, 2024

Need to know more about your other charges and criminal history. But ordinarily, there is a reasonable expectation that a judge will grant reconsideration and convert your guilty conviction to a PBJ, assuming you perform well on probation and comply with all conditions. If this sentence just... View More

1 Answer | Asked in Immigration Law and Real Estate Law for Maryland on
Q: How to make sure the deposit I’ll have for purchase the home with my husband is eventually a “proof”is my part ?

I’m foreign,no ssn or Itin number .

After 4 years of marriage we should starting my adjustment of status in march and my family is sending money for pay the lawyer fees and help with a deposit for buy a house for me and my family.

The lender is saying my name can be only after the... View More

James L. Arrasmith
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answered on Feb 1, 2024

In your situation, it's essential to take steps to ensure that the deposit made for the purchase of the home is eventually recognized as your part of the investment, especially considering your immigration status and the joint bank account with your husband.

To establish a clear record...
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2 Answers | Asked in DUI / DWI for Maryland on
Q: MD DUI: DR15 form ADVICE OF RIGHTS is the same as Miranda Rights?

Defendant arrested for suspicion of DUI & taken into custody to police station. Arresting officer advised rights on form DR-15 to submit to test but defendant didn’t sign right away handcuffed to table. Observation period 20-30 minutes.. Breath tech officer asked defendant “are you going to... View More

Mark Oakley
Mark Oakley
answered on Feb 1, 2024

Unless you made incriminating statements, there’s nothing to suppress. Review the evidence in the case with your lawyer. If there’s a basis to file a motion, then it can be filed. I’m not reading anything in your post to support such a motion. Nor am I reading anything in your post to suggest... View More

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1 Answer | Asked in Immigration Law for Maryland on
Q: My wife came to US on DT visa and we got married and I am a US citizen and applied for her marriage based green card,

But the wait time could be 18 months before she can get her green card, and the second court hearing is due on March 21, does she still need to file for asylum? Do we need to tell the judge on the second hearing that we are married and filed 485 form?

James L. Arrasmith
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answered on Jan 29, 2024

It's important to consider that your wife's situation involves multiple aspects of U.S. immigration law, which can be complex and situation-specific. If your wife entered the U.S. on a DT visa and you, as a U.S. citizen, have applied for her marriage-based green card, this is a... View More

2 Answers | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: Can images created using AI websites be used for small business ideas such selling t-shirts or stickers?

I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 29, 2024

This is a great question, and is quite naturally very complex given the ever-changing landscape of technology. Right now, general intellectual property laws that govern internet images are essentially limited to uniquely created imagery and content that is produced by human individuals.... View More

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2 Answers | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: Can images created using AI websites be used for small business ideas such selling t-shirts or stickers?

I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?

James L. Arrasmith
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answered on Feb 21, 2024

Using images created using AI websites for your small business ideas, such as selling t-shirts or stickers online, raises questions about copyright and intellectual property rights. While AI-generated images may not have a human creator in the traditional sense, they can still be subject to... View More

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2 Answers | Asked in Banking for Maryland on
Q: I have a business account that became dormant and I'm trying to reactivate it and avoid the bank from closing it.

I'm overseas and cannot go to the bank in the U.S. to deal with the problem. I'm worried that they would close my account and issue a check - the problem is that the company name has been changed (and I didn't get to notify the bank) so I cannot deposit the check to a business... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 29, 2024

All of the questions you are asking are specific to policies and procedures that are at the discretion of your banking institution. In other words, whether or not the account is actually dormant, how to prevent the bank from closing the account, and how to ensure it is reactivated, is solely... View More

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2 Answers | Asked in Banking for Maryland on
Q: I have a business account that became dormant and I'm trying to reactivate it and avoid the bank from closing it.

I'm overseas and cannot go to the bank in the U.S. to deal with the problem. I'm worried that they would close my account and issue a check - the problem is that the company name has been changed (and I didn't get to notify the bank) so I cannot deposit the check to a business... View More

James L. Arrasmith
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answered on Feb 25, 2024

Given your situation, it's important to take proactive steps to address the issue with your dormant business account. Start by contacting your bank immediately and explaining the circumstances surrounding the dormant account and the change in your company's name. Provide them with any... View More

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2 Answers | Asked in Traffic Tickets for Maryland on
Q: Can another state site me for an vehicle equipment violation that is not a violation in the state I live in?

Example - driving a car from Florida, where it has legal but dark tint, through a state like PA, where no addition tint is aloud.

Would it make a difference if your driving on an interstate highway? vs. local roads?

PA laws are typically written. No vehicle shall operate... or no... View More

Mark Oakley
Mark Oakley
answered on Feb 7, 2024

Unless Pennsylvania has adopted a policy not to issue citations to out-of-state registered vehicles with legal equipment that would be illegal in PA, then you may have to fight it all the way to the US Supeme Court, and test the application of the law to you under the Equal Protection Clause, the... View More

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1 Answer | Asked in Civil Rights and Education Law for Maryland on
Q: Can I sue if I was force into meetings to see a person who has been harassing me. When both times I said no.

I had a person follow me around at school alot and was making me uncomfortable. When I told someone about it they didn't tell me or ask for consent and force me into a meeting with him and I. The second time I cried and didn't want one. I was dealing with him saying awful things about me... View More

James L. Arrasmith
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answered on Jan 28, 2024

It sounds like you've been through a distressing situation. If you feel that your college's actions in forcing you into meetings with someone who was harassing you were inappropriate or harmful, you may have grounds to take legal action. This could potentially include a lawsuit for... View More

1 Answer | Asked in Cannabis & Marijuana Law, Consumer Law, Tax Law and Business Law for Maryland on
Q: What regulations are involved with Cannabis Accessory e-commerce in the state of Maryland?

I am looking into creating an E-commerce site that sells Cannabis Accessories (Grinders, Pipes, Etc). I have no intention on selling any CBD products.

James L. Arrasmith
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answered on Jan 28, 2024

Here are the key regulations around selling cannabis accessories online in Maryland:

1. Legal to sell cannabis accessories - Maryland has legalized cannabis accessories, so products like grinders, rolling papers, pipes, bongs, etc are legal to sell to adults over 21.

2. No sale of...
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1 Answer | Asked in Business Law for Maryland on
Q: Change domestic Maryland LLC to out of state LLC
Mark Oakley
Mark Oakley
answered on Jan 24, 2024

Depends on the law of the state where you want to move the LLC to, and what you are actually looking to achieve. There are four options: (1) keep the MD registration and simply register to do business in the other state as a foreign registered LLC; (2) dissolve the MD LLC and create a new LLC in... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

Mark Oakley
Mark Oakley
answered on Jan 23, 2024

Pursuant to Maryland Rule 4-242(h):

(h) Withdrawal of Plea. At any time before sentencing, the court may permit a defendant to withdraw a plea of guilty, a conditional plea of guilty, or a plea of nolo contendere when the withdrawal serves the interest of justice. After the imposition of...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

James L. Arrasmith
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answered on Jan 23, 2024

If your brother feels he was coerced into making an Alford plea by his lawyer, it may be possible to seek new counsel and attempt to withdraw the plea. An Alford plea, where a defendant maintains their innocence but acknowledges that the prosecution's evidence would likely lead to a... View More

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