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COVID-19 Maryland Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: How long can the court Maryland court systems postpone a court date due to COVID-19?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2020

The COVID19/coronavirus pandemic has claimed some 260,000 American lives since February. Experts suggest this is a once in a lifetime health crisis of epic magnitude. I predict he courts will continue to adhere to the guidance of public health officials and the governor. There is no limit on the... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Thank you, does the estate have to be reopened for the PR to sell the home? It is currently closed.

Thank you for answering my last question. The estate is currently closed and has gone through probate and was closed many years ago.The personal representative's lawyer sent a letter certified mail saying that if the heir living in the home does not willingly agree to sell the home as an heir... View More

Richard Sternberg
Richard Sternberg
answered on Nov 16, 2020

My prior answer stands. The answer depends on whether the estate is open and who is in title on the home. If this is related to the other question I saw in which a probate was closed many years ago in PG County but the house was not transferred, then it may be necessary to reopen the probate to get... View More

1 Answer | Asked in Real Estate Law and Probate for Maryland on
Q: How long would the process take of making a complaint for the sale in Lieu of Partition in Prince George's county, MD?

An elderly disabled person is being forced out of his home that he lived in all of his life by the personal representative. The home had been closed with probate many years ago, and it's still closed, but the personal representative has now decided to sell the home after all this time. The... View More

Richard Sternberg
Richard Sternberg
answered on Nov 16, 2020

Your posting does not provide sufficient information for a reliable response, and I suggest that you review all of the facts with counsel during a consult. If the house is titled to the decedent, and there is an open estate with a qualified PR, there is no need for a complaint for sale in lieu of... View More

1 Answer | Asked in Antitrust for Maryland on
Q: Is the need for a house to home school a child and purchase school necessities a good reason to do a petition on a trus

It is a pandemic and kida are home. I'm a dialysis patient. My kids are home from school. I can't send them back because if they get sick I get sick and I dont want to risk my life. My son received a settlement from a dog bite. I have to open a trust account for him and he is 12.

Mark Oakley
Mark Oakley
answered on Oct 8, 2020

First, the Maryland Recovery by Minor in Tort Act only applies to recoveries in excess of $5,000, but if the settlement meets that threshold, then the funds must be deposited into a special account by the bank and held until your child reaches the age of 18, when it is paid over solely to him. The... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: I might partner on 2 rental properties. In addition to a contract, which is better, a lien or being added to the deed?

An acquaintance of mine (I’ll call him Ted) acquired two rental properties, one in Baltimore City and one in Baltimore County. After Ted's original business partner fell through (due $ and COVID), Ted asked if I could provide the money to convert both properties into multi-unit dwellings and... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Sep 16, 2020

A deed and lien (mortgage) have two distinct purposes and different sets of pros and cons. However, one can't deed a property over without getting approval of the existing mortgage lender and without paying the applicable transfer and recordation taxes.

A deed would make one an...
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1 Answer | Asked in Traffic Tickets and Municipal Law for Maryland on
Q: Had court date but pandemic came. Wasn’t given a court date and license for suspended

I got scheduled a court date for 39:3-40 back in March for my insurance I believe. Pandemic came and they scheduled it again for June but courts weren’t open. Just paid that ticket from the courts and it was $153 plus $33 court fees. Before me paying that ticket, I got pulled over again for my... View More

Leonard A Englander
Leonard A Englander
answered on Sep 6, 2020

Hi there,

That sounds frustrating. I doubt you will lose your license. In all likelihood, you will show up at the mandated hearing, explain what happened to the prosecutor and if you can show proof that everything is in good order (ie. license is back in good standing, registration is good,...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a Maryland landlord break a lease halfway through the term to sell the property... during covid-19?

I live in Montgomery County MD, and the landlord gave 2 months notice to terminate the lease. The lease contract went until April 2021. What are my rights as a renter? Do I have to allow showings of the house under covid conditions when I did not initiate this termination?

Leonard A Englander
Leonard A Englander
answered on Sep 6, 2020

Under MD law, a lease survives the sale of the property (with one or 2 exceptions). So, if you have a lease that is good until 4/21, the Landlord cannot really give you a notice of termination (unless you have breached the lease in a major way, such as smoking in a non-smoking house, etc.)... View More

2 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Is rent to own the best way to buy/acquire a home in pre-foreclosure if you don't have the credit to take out a loan?

A friend of mine has a neighbor who is in danger of being foreclosed on due to COVID impacting his business. They are willing to sell me the home, however, I don't have the credit available to purchase it using a conventional loan since I already own my own home. I’m hoping to move into... View More

Richard Sternberg
Richard Sternberg
answered on Aug 28, 2020

You really, really need a lawyer to review your plan. First, your agreement with the neighbor has no binding effect on the mortgage lender. They aren't going to stop foreclosing because you plan to start a lengthy process of acquisition. Indeed, if you try to record any form of sale, there is... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no court date listed after completing a rehab treatment do I have to go back to court ?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2020

I'm not sure what you mean by "listed". I would say as a general proposition if there is no court date reflected on Maryland's judiciary case search, there is no currently scheduled court date. You should be aware that many cases were rescheduled during the Coronavirus Covid19... View More

1 Answer | Asked in Family Law for Maryland on
Q: If a man gets a married woman pregnant in Maryland, who is responsible for baby, biological dad or husband?

Would pay support; she is trying to force me to take care of/be a part of the child's life. Told her at 4 weeks of pregnancy didn't want, we always used condoms. She said she was keeping the child and would take care of herself. She is separated from her husband, and has 3 different... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Jul 30, 2020

In Maryland there is a presumption of paternity when a woman is married. As a result, her husband will have to overcome this presumption and if successful, (which he will most likely be based on your stated facts), mom can/most likely will go after the birth father for an establishment of paternity... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: My sister and I have Joint Tenancy and co-own a townhouse; How do we calculate her investment?

I have been paying all expenses for the property for the past five years and we secured a mortgage ten years ago. My sister now wants me to purchase her share of the property. How can I determine how to work this out since she has a “fixed” price in mind that does not match your investment?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jul 27, 2020

Where expenses of ownership are not equally shared, there is a broad range of negotiation possible. First, you must make the calculations concrete. Gather the facts and documents. Your co-owner can review the data with a financial or legal advisor. Absent a negotiated agreement on the proceeds of... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: hello, would you happen to know the chances of someone getting house arrest or

how much time they would get being charged with assault 1 and 2 if there was no adult offenses prior and no weapons involved

Mark Oakley
Mark Oakley
answered on Jul 5, 2020

First offense (no priors) is important, but there are not enough facts to help a lawyer predict a possible sentencing option like that. Straight home detention, where jail of any kind is implicated, is not a typical sentence, although due to the COVID-19 pandemic, that option is more available... View More

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1 Answer | Asked in Uncategorized for Maryland on
Q: My work closed march 13th covid Boss paid reduced pay through June 15 Said we cant file unemployment until june 16

Unemployment said since we did not physically work the mo eye was a donation and we still can get unemployment because it is considered special pay but boss said we cant file until june 15 even though work stopped march 13 due to covid

Mark Oakley
Mark Oakley
answered on Jun 21, 2020

You should not rely on the non-legal opinions of your employer for the legal interpretation of when and if you are entitled to unemployment benefits. You may be entitled to partial benefits if you worked but your hours were reduced from full-time, or your pay was reduced. You would be entitled to... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: Can a cancelled court date by the state for a speeding ticket be reinstated a month later by the state?

I am from PA. I got a ticket for 80 in a 55 in MD. I requested a court date to plead my special circumstances( My fiancee is type 1 diabetic and was having a sugar low and getting really sick. We were trying to get somewhere for help). I got a court date. After several continuances by me for health... View More

Mark Oakley
Mark Oakley
answered on Jun 12, 2020

The District Court schedules all trial dates based on officer and court availability. Courts were closed by emergency order of the Court of Appeals for several months during the COVID-19 pandemic, and all trials canceled and rescheduled to dates after the court is reopened. Phase 1 of the... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: My probation requires me to get a bachelor's degree or I do 10 years in prison. Can't afford it, my judge can do that?

I took a plea and faced 1 year max in jail time, but I didn't know she'd impose these harsh terms. I'm 22 years old. She pretended to sentence me the full year but it was actually a month which I learned later. I was told the terms of probation when I got out of jail. The pandemic is... View More

Mark Oakley
Mark Oakley
answered on Jun 12, 2020

I assume you had a lawyer. You should go over your options with your lawyer, or contact another lawyer to discuss the details and what you can do. You list your location as Arlington, VA, but the question is posted for Maryland. Therefore, I will answer this question only based on Maryland law... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: Private Short Term Disability and Worker's Compensation Payments.

Hello,

I contracted COVID-19 from my work as a Nurse. I stayed in bed for a week and then 18 days in the ICU. I am on home O2 Therapy for the present time as I continue to suffer from significant shortness of breath among other issues.

A Worker's compensation case has been... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2020

You'd want to make sure that each of these providers -workers compensation and the two private disability insurers- are aware that you are receiving or have been approved for other benefits, and the amounts. The long-term effects of covid-19 are still under investigation may take years to... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: How do I prove that the people who bought my house got over on me?

So I sold my house as is and we had to do everything thru video call cause the virus has closed everything down so I had the one hud paper then after I sign the paper they sent me another hud paper thru email and instead of getting the $19 thousand and some change they changed it to me getting... View More

Richard Sternberg
Richard Sternberg
answered on May 25, 2020

The rest of your statement didn't appear in the question as it was first presented to me. But, the answer still requires that someone go over the HUD-1 with you. That someone should have been the title agent, but the title agent is selected by the buyer. You may have needed your own lawyer if... View More

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4 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: How can you do a deed in lieu of Foreclosure if your home was included in a ch.7 bankruptcy?

The ch.7 was discharged two years ago and wasnt reaffirmed. I want to do a deed in lieu of foreclosure to get the lien out of my name. Will the deed in lieu be on my credit report if the house was included in the ch. 7, discharged two years ago and never reaffirmed?

Mark Oakley
Mark Oakley
answered on May 21, 2020

If you discharged the mortgage obligation in a Chapter 7, you are no longer personally liable on the debt; however, the lien of the mortgage remains on the property. You do not have to do anything in this scenario. Many debtors discharge their personal liability on a mortgage load but continue to... View More

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1 Answer | Asked in Estate Planning for Maryland on
Q: The executor of the estate want to transfer home deed to other person before closing the estate.

The executor of the estate wants to transfer of deed of the house to my husband before the estate is close. There is an active claim against the estate that is being contested. Can the executor do the transfer before closing the estate? Or can the house be sold to my husband for an specific... View More

Mark Oakley
Mark Oakley
answered on May 10, 2020

The estate cannot close without court approval of the final account, and the resolution, settlement or termination of all claims pending against the estate. Distributions to heirs ordinarily must await final approval of the account, but partial distributions are possible so long as sufficient... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Maryland on
Q: I need answers!!!

my son is currently at Central Booking we have ask for his panal attorney to put in for a review of his case because he does have asthma and has been receiving treatment at Central Booking for it. Unfortunately since he has had the panal attorney assigned to him the panal attorney is always... View More

Mark Oakley
Mark Oakley
answered on May 9, 2020

It is not clear whether the problem is primarily that the panel attorney does not have the time to devote to your son's case, or is unable to do much given that the courts are all closed and operating to address only emergency issues and therefore cannot do anything at this time for your son... View More

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