Maryland Q&A by Practice Area

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Maryland Questions & Answers
1 Answer | Asked in Family Law for Maryland on
Q: I married someone who did not have legal status.

He didn’t receive a green card because he couldn’t prove the marriage was valid. I do not know his whereabouts but I would like an annulment is that possible

Mark Oakley
Mark Oakley answered on Aug 26, 2021

Annulment is unlikely in this scenario. Divorce is available. Consult a lawyer to go over more details and what options you have.

2 Answers | Asked in Estate Planning for Maryland on
Q: I hired a lawyer to handle my suster's estate 02/03/2020. Minimal assets : car,house to be foreclosed.

I was instructed to send register of wills $400.00for first accounting. Then the lawyer charged me $400.00. I am now paying out of pocket $3506.64This was 2 weeks ago. I told the lawyer that I no Longer need her services. 1 day later she tells me she has to petition the court.

Nina Whitehurst
Nina Whitehurst answered on Aug 25, 2021

Because you told the lawyer you no longer need her services, she probably now needs to petition the court to permit her to withdraw from the case.

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1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer make you take a poly test for something missing off their property that has nothing with the business?

Employer is threatening to fire if you do not do the poly test. Again what is missing has NOTHING to do with her business

Mark Oakley
Mark Oakley answered on Aug 20, 2021

Unless you are working for a government office or agency, or under a union contract or employment contract, for which specific protections are provided against such a requirement, the generl rule for private employers and employees is that you are an "at-will" employee, meaning you can be... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: If my mom has a POA for her significant and her current mental state requires me to assume a POA for her what happens?

Does my POA cover for both or will I have to figure out how to get one for her significant?

Mark Oakley
Mark Oakley answered on Aug 20, 2021

No. The POA naming you as attorney-in-fact for your mom does not authorize you to act in her place as the attorney-in-fact under another person's POA. In the absence of the significant other's ability to designate another agent to act, it will be necessary to petition the court and be... Read more »

1 Answer | Asked in Contracts and Employment Law for Maryland on
Q: I have a question about retainers.

If a client has hired a a freelancer and signed a retainer agreement, does the freelancer have the responsibility to keep the client updated on the hours being billed.

Can the freelancer surpass the agreed upon hours without notifying client and ask for surplus hours at a later. In this... Read more »

Mark Oakley
Mark Oakley answered on Aug 17, 2021

Not enough facts to evaluate. Need to see the contract, and then go over facts and course of conduct of the parties after the contract was signed, and the knowledge of--and receipt of the benefit by the client of-- the work performed by the freelancer. If the client received above and beyond what... Read more »

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: I’m legally married but had a child with another man. The other man is taking me to court. Can my husband,

Yet we are separated do anything legally to prevent the child with going with the other man. We are in md

Mark Oakley
Mark Oakley answered on Aug 17, 2021

A child born to a married woman in Maryland is presumed to be the child of the husband. The actual biological father would have to petition to establish paternity through a blood test. Custody and visitation is a separate matter decided upon by the court. Once paternity is established, the... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What to do if suspected drugs that was found on person wasn’t tests at the spot or in a lab

And still being charges

Eric Todd Kirk
Eric Todd Kirk answered on Aug 17, 2021

If the State cannot prove beyond a reasonable doubt the seized item was a controlled dangerous substance [CDS] they cannot convict. Seized items are rarely, if ever, tested on at the scene, and typically sent out to a lab, or tested internally, depending on the size of the jurisdiction.

1 Answer | Asked in Small Claims and Consumer Law for Maryland on
Q: The loan is in my name only but the registration and tags are in mine and Exs name. Who ownes the car legally?
Mark Oakley
Mark Oakley answered on Aug 15, 2021

By title, you both legally own the car equally. Neither of you could be charged with the crime of theft for taking possession of the car from the other and driving it away. Civilly, however, as part of an alleged contract or agreement pursuant to which one of you made all the payments toward the... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Are home buyers obligated to share with the seller a disruptive family member will be inhabiting the home?

A family with an autistic child purchased the townhouse next door and the noise from the child through the common walls is quite loud, unsettling and highly disruptive. I believe that as a seller, I need to disclose problems or nuisances in the neighborhood such as loud neighbors or ongoing... Read more »

Mark Oakley
Mark Oakley answered on Aug 15, 2021

Maryland law gives to two options: (1) disclaim any representatitions as to the home and sell "as is"; or (2) fill out the residential disclosure form. Selling "as is" does not get you off the hook for latent defects in the home that would not be discoverable by ordinary visual... Read more »

1 Answer | Asked in Education Law for Maryland on
Q: I enrolled and registered my two children to attend Annandale Christian School, (ACS), Laurel for 2021/22 School.

I enrolled and registered my two children to attend Annandale Christian School, (ACS), Laurel for 2021/22 School year in March which I have subsequently canceled in July. However ACS has invited my attention to a clause in the contract which was not properly explained to me at the time of signing... Read more »

Mark Oakley
Mark Oakley answered on Aug 14, 2021

This forum is not designed for direct solicitation for hiring lawyers, but you are free to search the site to locate a lawyer and then contact that lawyer to discuss potential engagement of ther services. As for your specific issue, the Maryland Court of Appeals addressed an almost identical... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Can the police bring charges up on odometer fraud in Carroll County MD

Odometer fraud seller sold me car with odometer fraud didn't disclose it

Scott Scherr
Scott Scherr answered on Aug 13, 2021

You can go to the Commissioner and file charges or report the matter to the police. You will need proof that the odometer was tampered with.

2 Answers | Asked in Patents (Intellectual Property) for Maryland on
Q: If there are two names on a patent do both names need to be involved with the actions of the patent?

One of the people on the patent seems to be doing negotiatining with the said invention with out conferring the other name on the patent.

Kevin E. Flynn
Kevin E. Flynn answered on Aug 12, 2021

If by "names on the patent", you mean that there are two inventors -- then no.

The patent rights belong to the inventors unless the inventors assign their rights to someone else. Most patents have inventors that are employees that assign their rights to their employers. But...
Read more »

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1 Answer | Asked in Federal Crimes for Maryland on
Q: Can a person that was convicted of felony charges (and has served)purchase/use a muzzleloader in the State of Maryland.?
Mark Oakley
Mark Oakley answered on Aug 12, 2021

(1) the prohibition only applies to "disqualifying felonies" -- so that needs to be addressed first, but assuming you have a disqualifying felony, then

(2) Maryland's prohibition bars a convicted felon from posessing either a "regulated firearm" (handgun or one...
Read more »

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for Maryland on
Q: I hired a window installation company to replace windows. Unbeknownst to me, they used subcontractors.

1. I would have never hired a company to subcontract. Can they do this if it wasn't in the contract?

2. The original window installation company continues to refuse to provide a lien release from the subcontractors. Again, and again.

Is there any way to force them to... Read more »

Mark Oakley
Mark Oakley answered on Aug 11, 2021

If the contract does not prohibit it, they can use subcontractors. Why do you need a lien release? Have they filed a lien? It is unlikely that a window replacement contract would be a large enough percentage of your property value to qualify for a mechanics lien. Why have they sued you? Not enough... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: If the rightful heirs to my deceased girlfriend's estate (intestate) agree

to gift me their interest in my girlfriend's real property, what needs to be done to accomplish the transfer of ownership? Does the estate need to deed the property to the heirs, then the heirs execute a gift deed to me? Could this be done using a single deed?

Richard Sternberg
Richard Sternberg answered on Aug 11, 2021

The answer depends on the jurisdiction. Your question appears to be posted from Pennsylvania but asserts that it is about Maryland property. What may really matter is where your girlfriend was domiciled when she passed. The difference will be the taxes, and the difference will be significant. Since... Read more »

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2 Answers | Asked in Probate for Maryland on
Q: Real Property going through Probate Subject to Tax Sale.

I am about to open an estate for my mother and found out her property was sold at a tax sale a week after her death. Am I still able to sell the home once I am appointed PR or will I have to redeem the property by paying off lien first?

Richard Sternberg
Richard Sternberg answered on Aug 11, 2021

The answer will depend on the jurisdiction and the terms of sale. Usually, a sale must be approved by the court before it is beyond redemption. In some jurisdictions, all that was sold was a tax certificate that entitles the buyer to a high interest rate. In any event, the death before the sale may... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Can You File A Quitclaim Deed Maryland Regarding Adverse Possession MD Cts & Jud Pro Code § 5-103 (2019)

Can You File A Quitclaim Deed Maryland Regarding Adverse Possession MD Cts & Jud Pro Code § 5-103 (2019)

Thomas C. Valkenet
Thomas C. Valkenet answered on Aug 11, 2021

Adverse Possession is a cause of action. To obtain title the claim must be asserted in court, and granted by a judge. If you choose to file a deed on your own (I don't know who you'd describe as the "grantor") you risk being sued or slander of title by the true owner.... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: My long term girlfriend recently passed without a will.

We were living in a home titled in her sole name with no mortgage. The only living heirs are her siblings and they have agreed to assign all rights in the estate to me. What is the process to do this? What are the potential tax implications?

Mark Oakley
Mark Oakley answered on Aug 11, 2021

You are not an heir at law, so the siblings cannot simply disclaim their interests because disclaimers are treated as if they had predeceased your girlfriend, and that would not result in the estate assets going to you. However, if you had a legal claim against the estate based on contributions... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Can You Email / Fax Court Motions To The Court In Maryland

Can You Email / Fax Court Motions To The Court In Maryland

Scott Scherr
Scott Scherr answered on Aug 11, 2021

In most courts (all but Baltimore City, Prince George's County, and Montgomery County), you can file documents electronically by setting up an account. Otherwise, you must mail or hand-deliver all pleadings.

1 Answer | Asked in Criminal Law for Maryland on
Q: who do you put as defendant in waving the court cost fee regarding the Court Baltimore City MD

who do you put as defendant in waving the court cost fee regarding the Court Baltimore City MD

Mark Oakley
Mark Oakley answered on Aug 11, 2021

In a criminal case, the defendant is the person being charged with a crime. In a civil case, the defendant is the person being sued, as in Jane Doe, Plaintiff, vs. John Doe, Defendant. In some types of cases, like guardianships, name change petitions, or estates, there are no defendants, just... Read more »

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