Maryland Q&A by Practice Area

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Maryland Questions & Answers
1 Answer | Asked in Civil Litigation for Maryland on
Q: In general, when filing Maryland court cases, how can one request that a civil case simply be kept private?
Scott Scherr
Scott Scherr answered on May 23, 2022

You would need to file a motion to seal and show the reasons why the file and all pleadings should be sealed.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: If both wife support and alimony specified in a divorce agreement, which one takes effect?

An agreement has "wife support" section stating a monthly payment to wife while in the same agreement document, the "alimony" section says alimony is waived. Based on the document flow, the alimony section comes after wife support section will override the wife support section... Read more »

Mark Oakley
Mark Oakley answered on May 22, 2022

You will need to take your agreement to a lawyer to review. It is not possible to construe the terms based on your summary description. There can be support and maintenance payments by agreement that are not treated as alimony. Alimony has a distinct meaning and set of legal rules that apply to it,... Read more »

1 Answer | Asked in Contracts, Estate Planning and Family Law for Maryland on
Q: How do I revoke or modify power of attorney? Must the current agent(s) sign or be notified of the new PoA terms?

I'm 23 years old, and my parents have power of attorney over me - I agreed to it at the time, they presented it in a way that seemed reasonable and I didn't realize THAT'S CRAZY. They have both the medical kind (HIPAA permission?) and durable PoA for non-medical stuff.

I... Read more »

Mark Oakley
Mark Oakley answered on May 22, 2022

You can revoke at any time in writing. Ideally, you simply create a new POA that revokes all prior POAs. You should send written notice to whomever is named agent under your POA being revoked. That way, if they attempt to act, they are doing so knowing their authority or revoked, which makes them... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If a young male keeps asking an older lady for money what can be done?

She lives alone,he is 19 years old,he has gotten abt $500 from her. She felt intimidated once. I want to handle him.,but your answer may stop me from him and his dad. I told his dad, he said he is a grown man.....

Mark Oakley
Mark Oakley answered on May 21, 2022

Call the police, have them investigate it as elder financial abuse. They can talk to him and scare him off. Of course, if he’s in your mother’s neighborhood then it may make things uncomfortable. If things escalate she can seek a protective order (peace order). If she has other neighbors... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: How can I get receipts

MOM has Alzhiemers. Sister and her Daughter are ones that take care of her.They tell us what they want us to know. They don't show any receipts, paperwork or proof of what they claim they do. Nothing is discussed with our Sister or Myself before Sister makes Decisions. Such things as... Read more »

Mark Oakley
Mark Oakley answered on May 21, 2022

Any Maryland lawyer can answer your question. If you are looking to hire a lawyer from Baltimore, that is a different issue. The first question any lawyer would have for you is, does anyone (e.g., your sister) have a power of attorney executed by your mother appointing them as your mother's... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Ex committed adultery which ended marriage. She served me for divorce but per paperwork, says she doesnt want anything.

do i need a lawyer? if so, what is a reasonable fee for just document review and possibly just representation in court?

Mark Oakley
Mark Oakley answered on May 21, 2022

You should always consult and use a lawyer in a divorce action. Real property, retirement assets, pensions, alimony, property division, health insurance, etc., are all on the table and can be affected (gained or lost) if you do not protect yourself. The danger is in not knowing what you do not... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Can you get in trouble for being with one another

It's a second degree assult case where my boyfriend and I were fighting police got involved and he got arrested the judge told him he wasn't allowed to contact me but I have contacted him can he get arrested if we get back together since I contacted him not vise versa

Mark Oakley
Mark Oakley answered on May 17, 2022

Yes, he is violating a condition of his release on bond by having contact wth you. It does not matter that you are the one who initiated the contact. Of course, the police likely have no way to know about any contact, until the two of you get into another fight and police are called again, and... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: Do i have to respond to a discovery request while im in the middle of switching lawyers
Mark Oakley
Mark Oakley answered on May 17, 2022

The procedural rules do not have an exception in their time deadlines for switching lawyers. Written discovery responses are due 30 days after service of them upon you. That said, the discovery deadlines in most cases in circuit court can encompass a 4-6 month range, and it is common for parties... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Outstanding dental balance question.

I recently received the bill from my dentist whose services I used until May, 2019.

The bill included services that were done from December 2017 to May 2019. Since the accuracy of billing had always been a concern of mine I’m going to check the dentist office number.

But before I... Read more »

Mark Oakley
Mark Oakley answered on May 16, 2022

It will depend on whether each of the dental procedures were either (1) part of a single overall plan for one total price that took multiple procedures to complete, or (2) whether each procedure was a separate unrelated dental procedure with a price charged for each. In the former situation, the... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: My lease ended. I wanted to know if they could just come one day randomly and get me out or will I need to get a notice

I’m backed up on rent a bit and needed alittle more time to find a place

Leonard A Englander
Leonard A Englander answered on May 16, 2022

You are on a month-to-month lease as of this time (automatically reverts to month-to-month if not renewed). So, the Landlord (LL) is free to give you notice. However, it's illegal to simply boot your stuff to the curb (not that it doesn't happen, just that it's relatively rare... Read more »

1 Answer | Asked in Energy, Oil and Gas and Environmental for Maryland on
Q: Is owner of rowhouse with 2 mth old oil spill in basement responsible for adjacent rowhouse being unlivable due to smell

The rowhouse homeowner was doing renovations & hired a contractor to remove the old oil tank in the basement. They dropped the tank and oil spilled on basement floor. The smell permeated the walls of the adjacent rowhouse causing an overpowering smell. The dog began throwing up. The 6-month-old... Read more »

Mark Oakley
Mark Oakley answered on May 16, 2022

I assume you meant St. Charles, Maryland, and not Missouri. First, try calling the county department of the environment or health department to report the toxic spill and contamination affecting neighboring properties and health.

Second, call your homeowner's insurance company and...
Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: A cop says I ran a red light without stopping but I can prove I stopped, will this be enough to beat it?
Scott Scherr
Scott Scherr answered on May 15, 2022

You should request a trial and not a waiver hearing within 30 days and go to court. If the police officer does not appear, you will be acquitted. If the police officer appears, you can have a trial. The judge will decide if you ran the red light. Even if you are convicted, the judge can offer you... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Can my former employer prohibit me from talking to current employees?

I quit do to family issue. It was abrupt and I sent out a message to apologize for my sudden departure. A GM I trained reached out to me and asked for advice. I told them my advice and some other things they should be mindful of. Today my DO who had not said a world to me when I left due to family... Read more »

Mark Oakley
Mark Oakley answered on May 14, 2022

He can send you texts, letters and talk to whomever he wants. You can do the same. Unless you signed an NDA, the only thing to worry about is a defamation suit--and the truth of what you say is a complete defense to a defamation claim. If you signed an NDA, have a lawyer review it to determine... Read more »

2 Answers | Asked in Bankruptcy for Maryland on
Q: Is it possible to reaffirm or file motion to redeem cross-collateralization after Ch.7 discharge?

In 2014/2015 I took out an auto loan through my credit union, paid off loan by 2018, and filed Ch.7 in 2020. I had a credit card through the same credit union with about $1000 balance when the Ch.7 was discharged. I was never advised by the attorney, court, or credit union of the... Read more »

Daniel Staeven
Daniel Staeven answered on May 13, 2022

Since the car was paid off in 2018 the release should have been given to you, regardless of any balance on the credit card, at that time. Said another way, the event that gave rise to the lien release happened before the bankruptcy case was filed. The cross collateralization clause cannot affect... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: If fleeing from police on foot and officer is hit by a car is the suspect responsible and what charge would they face
Scott Scherr
Scott Scherr answered on May 12, 2022

The suspect can face charges such as failing to obey a command from a police officer among other charges. I do not think that the suspect could be criminally responsible for another car striking the officer during the chase.

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1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Maryland on
Q: Does veterans status play in drugs charge with a side arm ( pistol) on the outcome?
Eric Todd Kirk
Eric Todd Kirk answered on May 12, 2022

If you have been charged in Baltimore City, you should see if you are eligible for Veteran's Court.

1 Answer | Asked in Business Formation for Maryland on
Q: trying to write articles of conversion for llc - it's been rejected twice. I don't understand what they are asking

This is in MAryland

1) Article III does not meet the 4A-1103(c)(3) requirement. You must specifically state that the conversion was approved according to the provisions of the subtitle. You have not cited the subtitle.

2) Article IV appears to be copied and pasted from... Read more »

Mark Oakley
Mark Oakley answered on May 11, 2022

Perhaps it is time to pay a lawyer to do this for you. This is not a forum to request that lawyers draft documents for you as their answer, and the only way to see how your specific document fails to comply with the code requirements is for a lawyer to read what you have drafted, and compare it to... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: So I got a ticket and everything from the make and model my car to the address and spelling of my name was wrong.

Shouldn't I be able to get this thrown out being that the law is justified by being literal... that's a huge loop hole..was the cop drunk? How is that possible?

Scott Scherr
Scott Scherr answered on May 8, 2022

These things are unlikely to result in a dismissal of the tickets unless you are claiming that it was not you. You should still request a trial within 30 days of the offense and go to court.

1 Answer | Asked in Family Law, Real Estate Law and Cannabis & Marijuana Law for Maryland on
Q: My uncle is the executor of my parents will she is refusing to give me my trust and won't contact me

She is the executor of the will saying he will donate and not give to me I really need help and I really need help getting my trust cuz my uncle is trying to keep it from me and I don't know what to do

Richard Sternberg
Richard Sternberg answered on May 8, 2022

There is no reasonable way to evaluate your position without reviewing the trust document to determine the trust instructions and, potentially, formation issues and breaches of fiduciary duties. Schedule a consult with a qualified lawyer.

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: My mother passed away April 10th in Maryland

My mother passed away April 10th, I went to the court and found out that she had a Will. Looking at the Will I noticed that I was not listed at all on the WILL and as being her only child I found that odd. when she became sick she made her friend her POA, she felt she was able to be there for her.... Read more »

Richard Sternberg
Richard Sternberg answered on May 7, 2022

Of course you can challenge the Will. It is not an easy process, but if there was undue influence, lack of capacity, or the signature isn't genuine, those are all grounds to caveat the Will. You will have no chance of success without legal counsel, and you will almost surely need to pay... Read more »

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