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Maryland Real Estate Law Questions & Answers
2 Answers | Asked in Probate, Contracts and Real Estate Law for Maryland on
Q: Do I need a legal document to let a neighbor sell inherited furnishings?

I inherited a property as the sole heir and the estate has been closed. I need to clear the house of any remaining furnishings and personal property to prepare for sale. A neighbor offered to clean out the house and dispose of unwanted furniture. In return, they would keep any revenue from selling... View More

Mark Oakley
Mark Oakley
answered on May 12, 2025

From what you say, all property has already passed to you under the estate, and the estate is closed. The property is no longer "estate" assets, but your personal property. Do with it as you please. It may be prudent to have some form of written statement (even an email will do)... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Maryland on
Q: Which exemption applies for transferring property to an irrevocable trust in Baltimore County under Maryland 12-108?

I'm transferring a property located in Baltimore County to an irrevocable trust for asset protection purposes. My quitclaim deed was returned by the Baltimore County Clerk of The Circuit Court, Land Records Division, because I need to specify the applicable exemption from state transfer taxes... View More

Mark Oakley
Mark Oakley
answered on Apr 25, 2025

Pay a real estate lawyer for an hour of his or her term to review the deed and address any proper citation to legal authority based on your situation, and have that lawyer electronically file the deed. The last thing you ever want to screw up is a deed in the land records, which will come back to... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Maryland on
Q: Am I obligated to pay for water/sewage bills without written notice in Maryland?

I have been renting a property in Maryland on a month-to-month basis for about a year and a half now, without a lease agreement. Since living without a lease, I was not required to pay for water and sewage bills. Recently, the property management informed me that I would now be responsible for a... View More

Leonard A Englander
Leonard A Englander
answered on Apr 23, 2025

Generally speaking, no. In order to be liable, there would have to be a written agreement to that effect. Otherwise, it's generally assumed that utilities are included in the rent.

However, I will note that if you refuse to do so and you are on a month-to-month lease, the logical move...
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3 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for Maryland on
Q: Am I responsible for the mortgage if I redeem a foreclosed property with a purchased tax lien?

If I purchased a tax lien certificate on a property in Maryland and the owner allows the home to go into foreclosure, will I be responsible for the mortgage if I decide to redeem the property? There are no other liens on the property.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 22, 2025

Liens have different "priority" depending on the circumstances and what you're asking is basically a question of priority. Tax liens generally have priority IF all proper procedures are followed in the tax sale foreclosure case. However, merely purchasing at tax sale in Maryland... View More

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3 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for Maryland on
Q: Am I responsible for the mortgage if I redeem a foreclosed property with a purchased tax lien?

If I purchased a tax lien certificate on a property in Maryland and the owner allows the home to go into foreclosure, will I be responsible for the mortgage if I decide to redeem the property? There are no other liens on the property.

Mark Oakley
Mark Oakley
answered on Apr 25, 2025

You will not be personally liable on the mortgage, but the mortgage still has to be paid or the lender can foreclose, sell the property at auction, and the first proceeds received will be applied to your tax lien interest because it has priority over the mortgage balance due. I cannot answer as to... View More

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5 Answers | Asked in Real Estate Law, Estate Planning and Tax Law for Maryland on
Q: Can my mom buy a house in MD, but put only my name on the title?

Can my mother purchase a house in Maryland using cash for about $1 million, with the title/deed only in my name as a gift? We plan to file a gift tax return for 2025 given the amount exceeds the annual limit, but we don't anticipate actual taxes due because she'll remain under the... View More

Nina Whitehurst
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answered on Apr 22, 2025

You can also avoid probate using a trust, which is a better solution. Your mother should consult with an attorney about the adverse consequences to her of the outright gift method if she ever needs to go into a nursing home. You should consult an attorney regarding the adverse tax consequences to... View More

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5 Answers | Asked in Real Estate Law, Estate Planning and Tax Law for Maryland on
Q: Can my mom buy a house in MD, but put only my name on the title?

Can my mother purchase a house in Maryland using cash for about $1 million, with the title/deed only in my name as a gift? We plan to file a gift tax return for 2025 given the amount exceeds the annual limit, but we don't anticipate actual taxes due because she'll remain under the... View More

Richard Sternberg
Richard Sternberg
answered on Apr 22, 2025

It sounds right, but you would be well served to plan her estate at once instead of piecemeal. For example, you write of a Maryland house, but the question is posted from DC. The state estate and inheritance tax is different in those two places. And, Ms. Whitehurst is correct that a trust does this... View More

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5 Answers | Asked in Real Estate Law, Estate Planning and Tax Law for Maryland on
Q: Can my mom buy a house in MD, but put only my name on the title?

Can my mother purchase a house in Maryland using cash for about $1 million, with the title/deed only in my name as a gift? We plan to file a gift tax return for 2025 given the amount exceeds the annual limit, but we don't anticipate actual taxes due because she'll remain under the... View More

Mark Oakley
Mark Oakley
answered on Apr 22, 2025

I agree with the other two answers. Setting aside the question of qualifing for Medicaid for longterm nursing home care (assuming she would even qualify for Medicaid given her assets), from your financial standpoint it would make more sense if she purchased the house in the name of her existing... View More

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5 Answers | Asked in Real Estate Law, Estate Planning and Tax Law for Maryland on
Q: Can my mom buy a house in MD, but put only my name on the title?

Can my mother purchase a house in Maryland using cash for about $1 million, with the title/deed only in my name as a gift? We plan to file a gift tax return for 2025 given the amount exceeds the annual limit, but we don't anticipate actual taxes due because she'll remain under the... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 22, 2025

At least 2 other options would avoid probate without triggering the need for a gift tax return and without losing the stepped up basis as would happen with an outright gift purchase. One such option is to hold the property in a Revocable Living Trust, the other would be to hold through a life... View More

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3 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Personal Injury for Maryland on
Q: How can I toll the statute of limitations for filing a claim related to a failed retaining wall due to faulty engineering plans?

I am approaching the statute of limitations deadline of May 7, 2025, for filing a claim related to a failed retaining wall due to faulty engineering plans. The Professional Engineer Commission recently found the engineer's plans faulty, and he settled with them directly. I received this report... View More

Richard Sternberg
Richard Sternberg
answered on Apr 10, 2025

You toll the statute of limitations by filing the lawsuit providing adequate notice of the claim. This late, the defendants' best move is to pretend they have no problem with your delay in making the claim. Once you miss the deadline, they will move -- successfully -- to dismiss your case.... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Estate Planning for Maryland on
Q: Citation for Maryland Code tax exemption in property transfers to revocable trust.

I need to find the correct citation for the Maryland Code that exempts property transfers from transfer and recordation tax when moving a property from a grantor to a revocable trust where the grantor and the trustee are the same person. This information is needed for inclusion in a warranty deed.... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 2, 2025

State transfer tax exemptions are contained in section 12-108 of the Tax Property article of the Maryland Annotated Code. State recordation tax exemptions are contained in section 13-207 of the same article. Local transfer tax codes will vary from county to county. Yes, some jurisdictions in MD... View More

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2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Maryland on
Q: Can an eviction proceed before emergency assistance is processed?

I have an eviction scheduled for nonpayment of rent, but I have applied for emergency assistance, which is still being processed. I received a warrant of restitution, but my landlord never provided me with a copy of the eviction notice. My landlord is aware of the assistance application and has... View More

Leonard A Englander
Leonard A Englander
answered on Apr 1, 2025

Unfortunately, the answer is yes. The eviction can proceed. Sometimes the landlord might try to delay it or otherwise work with people so that they can get their money, but if they wish to proceed, they are fully within the law to do so.

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3 Answers | Asked in Business Law, Contracts, Bankruptcy and Real Estate Law for Maryland on
Q: What lawyer needed for family business dispute over asset paid by business?

I started and operated a family business, but my relatives put everything under their name. There were good faith agreements but no written contracts. I was listed as the manager with full qualifications, and I managed operations for 10 years. They were not qualified or present for operations. I... View More

Mark Oakley
Mark Oakley
answered on Apr 1, 2025

If you want to sue them for the business assets, i.e., the house, then you're going to have a statute of limitations problem on your claim for waiting for 7 years after the business was closed and filed for bankruptcy, and potentially an issue with the bankruptcy court, since it sounds like... View More

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2 Answers | Asked in Business Law, Consumer Law, Real Estate Law and Tax Law for Maryland on
Q: Can I legally use a decommissioned ambulance as a personal vehicle in Maryland?

I live in Maryland and want to own and operate a decommissioned ambulance as a personal vehicle, possibly converting it into a camper van. I'm concerned about the legality, insurance, and registration requirements for such a vehicle. Are there any laws in Maryland preventing this, and what... View More

Mark Oakley
Mark Oakley
answered on Mar 31, 2025

Yes, you can register and drive a de-commissioned ambulance as a used truck. You must remove all emergency lights and logos/wording/markings designating it as an emergency vehicle (the words “emergency,” “EMS,” crosses, etc.). You should check with the MVA whether anything else must be... View More

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3 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: HOA requests removal of fence on HOA property after 27 years. What are my rights in Maryland?

I received a written request from my HOA asking me to remove a fence that has been on HOA property for 27 years. I have been maintaining and upkeeping the fence all this time, but there was no original documentation or agreement regarding its installation. We have not had any prior disputes with... View More

Richard Sternberg
Richard Sternberg
answered on Mar 25, 2025

Your question leads to many projected answers, but mostly to more questions. It is plausible that they have interpreted the HOA rules wrong after 27 years, or that you have rights from a prior version of the same rules. There are adverse possession issues, unless the claim is undercut by missing... View More

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3 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: HOA requests removal of fence on HOA property after 27 years. What are my rights in Maryland?

I received a written request from my HOA asking me to remove a fence that has been on HOA property for 27 years. I have been maintaining and upkeeping the fence all this time, but there was no original documentation or agreement regarding its installation. We have not had any prior disputes with... View More

Mark Oakley
Mark Oakley
answered on Mar 26, 2025

Obviously, you would like to leave the fence where it is.

First, you need to look at your HOA governing documents and covenants filed in the land records, or better, have a lawyer do so, and review issues relating to the right to claim adverse possession over common community property of...
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4 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Finding exemption codes for deed transfer in Maryland from mother to son

I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

Richard Sternberg
Richard Sternberg
answered on Mar 24, 2025

Have you considered the effect of losing the income tax benefit of stepped up basis before worrying about the exemption code for the recordation tax? You really need to consult a lawyer or, at least, a CPA, to determine whether you are exempt from all taxes. You might be, but your focus on a... View More

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4 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Finding exemption codes for deed transfer in Maryland from mother to son

I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 24, 2025

Deeds in Maryland usually trigger state transfer, recordation and county transfer taxes. The Maryland Annotated Code, Tax Property article, section 12-108 lists exemptions from state transfer tax. Exemptions from recordation tax are listed in 13-207. County transfer tax exemptions vary... View More

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4 Answers | Asked in Real Estate Law and Estate Planning for Maryland on
Q: Finding exemption codes for deed transfer in Maryland from mother to son

I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

Mark Oakley
Mark Oakley
answered on Mar 25, 2025

I agree with the other two answers. I am adding this additional response so that you can undertand some of the tax consequences and reconsider what you are doing so as to avoid those extra taxes.

When a person sells their property during their lifetime, they may realize a capital gain,...
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3 Answers | Asked in International Law, Real Estate Law, Gov & Administrative Law and Probate for Maryland on
Q: Distribution of Bangladeshi property and bank accounts for US citizen father's estate with minor US citizen children involved.

My father was a Bangladeshi citizen by birth but later became a US citizen through naturalization. He passed away in the USA and left behind real estate, land properties, and bank accounts in Bangladesh. He has minor children who are US citizens. There is no will, and legal proceedings have been... View More

Mark Oakley
Mark Oakley
answered on Mar 22, 2025

His overseas assets will be distributed according to the law of the country where those assets are located. Therefore, you will need to locate a lawyer in that country and open an estate there to pass ownership to his children, assuming that is who inherits under the laws of Bangladesh.

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