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Maryland Questions & Answers
1 Answer | Asked in Tax Law for Maryland on
Q: My question is about trying to purchase my deceased grandparents property that may soon go into a tax lien situation.

My grandparents are deceased and their property passed equally to their four siblings. I am one of their daughters. The siblings rented the property before but are now nearing 90 years old and can't do it anymore. They understand that in reality the property needs to be sold but they are... View More

James L. Arrasmith
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answered on Apr 11, 2024

In this complex situation, there are a few potential options to consider:

1. Partition action: As a co-owner of the property, you have the right to file a partition action in court. This legal action forces the sale of the property and division of the proceeds among the co-owners. However,...
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1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for Maryland on
Q: Would the legal concept, equitable tolling, be applicable to my case against police misconduct?

I was falsely arrested for a dui while having a medical emergency. The criminal case was dropped but my court date was 7 months after the arrest. Every lawyer I spoke to said in order to pursue this the case 1st needed to be dismissed/dropped/not guilty. Details: My ear was profusely bleeding &... View More

James L. Arrasmith
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answered on Apr 10, 2024

In your case, the concept of equitable tolling may be applicable. Equitable tolling is a legal principle that allows a court to extend the statute of limitations (the time limit for filing a lawsuit) in situations where extraordinary circumstances prevented a plaintiff from filing a claim within... View More

3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

James L. Arrasmith
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answered on Apr 7, 2024

Based on the information you provided, it seems that you have a STET (Stet Processus) disposition on your criminal record in Maryland from over 7 years ago. STET is a type of disposition where the prosecutor agrees to indefinitely suspend the prosecution of a case, but the charges remain on your... View More

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3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

Scott Scherr
Scott Scherr
answered on Apr 7, 2024

You need to speak with your immigration attorney. Do not get your record expunged until your immigration lawyer tells you what documentation you need and that it is okay to do so. The problem with expungement if you are not a citizen is that the records are difficult and sometimes impossible to get... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Mark Oakley
Mark Oakley
answered on Apr 5, 2024

First, your husband needs a lawyer. Second, you can only do two things: communicate to the State’s Attorneys Office your desire to not go forward with charges against your husband and your intent to invoke your privilege not to testify against your spouse; and then invoke your privilege on the... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2024

Subject to further inquiry, you may be eligible to invoke your one-time spousal privilege, pursuant to which you cannot be compelled to testify against your husband. You need to consult with legal counsel to confirm that exceptions to the rule would not prevent you from invoking that privilege.... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for Maryland on
Q: Can a convicted felon own a BB gun or air soft gun? I know a convicted felon can own

A black powder gun and bow and arrow so can a convicted felon own a BB gun in Maryland can someone please help

James L. Arrasmith
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answered on Apr 3, 2024

In Maryland, the legality of a convicted felon owning a BB gun or airsoft gun is not entirely clear, as these types of guns are not specifically addressed in Maryland's firearms laws. However, it's generally advisable for convicted felons to avoid possessing any type of gun, even if it is... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it possible to quitclaim a parcel to the estate of a deceased person? Her estate remains open after ten years.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2024

Without knowing any of the context, yes, an estate may receive real property. You'd naturally want to coordinate this with the Personal Representative. 10 years is an unusually long time for an estate to remain open.

While not legal advice, I hope that this helps.

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Is it possible to quitclaim a parcel to the estate of a deceased person? Her estate remains open after ten years.
Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 1, 2024

As a technical matter, yes. As a practical matter, why? The purpose of the Estate is to wind up, liquidate and distribute the assets of the decedent. It is not the business of the Estate to acquire assets. The PR will be closely scrutinized for this, and whether it is violative of their statutory... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: I have joint tenancy with mom on a townhome in Maryland. I want to remove my mom from the title and replace with my wife

There is still some mortgage left. Mom is willing to do this. How do I go about it with least financial consequences?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 1, 2024

The situation you describe comes up quite frequently (where someone owns property with their mom and/or dad, gets married and wants to hold the property together with their spouse).

There are 3 different state and county-level transfer taxes that come into play with real property...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: I have joint tenancy with mom on a townhome in Maryland. I want to remove my mom from the title and replace with my wife

There is still some mortgage left. Mom is willing to do this. How do I go about it with least financial consequences?

Richard Sternberg
Richard Sternberg
answered on Mar 31, 2024

The answer with the least legal expense is to sell or gift your mother's half of the house to your wife. There will be transfer taxes, it may be a recognition event as to capital gains, and you will need to refinance. The alternative is to review the mortgage and find out if it has a due on... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with 4th degree burglary. I got PBJ and it’s been 3 years since that ended. Can I have it expunged?

I didn’t burglarize anything. Some ppl drugged me and I thought my uncle was still staying in this same room so I beat on the door because I thought ppl were chasing me so I jumped in the window, realized he wasn’t staying there anymore, then I jumped out the back window. I told the cops what... View More

Scott Scherr
Scott Scherr
answered on Mar 28, 2024

You are entitled to expungement three years from the entry of the PBJ so long as your probation has ended. However, a subsequent conviction within the three years or pending criminal charge can disqualify you from expungement. If the State is objecting, they would state the reason for their... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Deed Transfer for Ground Rents in Baltimore City. I have 8 registered with SDAT, but need the deed transfered to me .

The deeds are in my late grandfathers name. I have the death certificate and inventory list of ground rents.

James L. Arrasmith
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answered on Mar 26, 2024

To transfer the deeds from your late grandfather's name to yours, it's necessary to go through the proper legal processes in Baltimore City. First, ensure that you are legally entitled to the ground rents according to your grandfather's will or the state's succession laws if... View More

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Is it legal to offer a month's free rent to my tenant in my house if they were to leave

Is it legal to offer 1 month free rent for my tenant to leave before their lease is up

James L. Arrasmith
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answered on Mar 30, 2024

Offering your tenant a month's free rent as an incentive to vacate the property before their lease is up can be a legal and effective strategy, but it greatly depends on the laws and regulations that govern landlord-tenant relationships in your area. Such agreements should be approached with... View More

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2 Answers | Asked in Landlord - Tenant for Maryland on
Q: Is it legal to offer a month's free rent to my tenant in my house if they were to leave

Is it legal to offer 1 month free rent for my tenant to leave before their lease is up

Kenesha A Raeford
Kenesha A Raeford
answered on Mar 25, 2024

Yes. It is legal to politely ask your tenant to move out, and also provide an incentive to do so. The actions you are describing are not illegal, so long as the tenant understands the he or she has the right to decline this offer. I suggest drafting up an addendum to the lease agreement, that... View More

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1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: I need to know how to open a business checking account for my LLC, in my unique situation.

So I'm 15 years old and I live in Maryland. I have started an LLC for my soon to open T Shirt business that I'm starting. I formed it as a single member LLC and got my Articles of organization, EIN and all that stuff. My next step was to get a business checking account but I just learned... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Mar 25, 2024

You are correct. You have to be 18 years of age or older to open your own bank account without your parent's authorized as joint account holders. To my knowledge, there are no loopholes to this requirement. To put it simply, there is no way around this without adding your parents to your... View More

2 Answers | Asked in Copyright and Intellectual Property for Maryland on
Q: IS COLORING SOMEONE ELSES MANDALA DESIGN FRAMING IT AND SELLING IT ILLEGAL??????
James L. Arrasmith
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answered on Mar 22, 2024

Coloring someone else's mandala design, framing it, and selling it can involve legal and ethical issues. It largely depends on the copyright status of the original mandala design. If the design is under copyright, using it without permission for commercial purposes could infringe on the rights... View More

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2 Answers | Asked in Copyright and Intellectual Property for Maryland on
Q: IS COLORING SOMEONE ELSES MANDALA DESIGN FRAMING IT AND SELLING IT ILLEGAL??????
Alan Harrison
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answered on Mar 22, 2024

It depends on what license they gave you for the design. Did they give you a license for personal use only or for commercial uses as well? If they did not give you any license at all, it definitely is not a good Idea to sell their work as your own.

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1 Answer | Asked in Immigration Law for Maryland on
Q: If possible, how can Chinese citizens get a green card by investing in U.S. business's? What would they need to do?
James L. Arrasmith
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answered on Mar 21, 2024

If you are a Chinese citizen interested in obtaining a U.S. green card through investment, you may consider the EB-5 Investor Visa program. This program allows foreign nationals to become eligible for a green card if they make a significant investment in a U.S. business and create jobs for American... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Hello, can a Disclaimer of Inheritance be signed electronically in Maryland? Thank you so much.
Julie D. Myers
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Julie D. Myers
answered on Mar 20, 2024

In short, yes. Maryland adopted the Uniform Electronic Transactions Act which states that a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. Since a Disclaimer of Inheritance is a contract, it can be signed electronically and... View More

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