Maryland Recent Legal Answers from Lawyers

Without doing any statatory reasearch to see if the reason is actually addressed, I would suppose that one reason for the requirement could be to ensure that the person alpying for the renewal was, in fact, the same person who got the orignail licence.  I can see such a policy being rationally related to the State's interest of prtecting children and, therefore, justified under that rational.... Read More

In order to previal in such a law suit, you would have to prove a direct relationship (nexus) between the the drug and the death.  More sugnificnatly, you would have to show why do didn't raise the issue within the statue of linitations.  Generally, in Maryland, you have to bring a claim against a defendant within three (3) years of you becoming aware of the issue you are claiming was neglignet or a breacjh of contract, absent any fraud on the behalf of the Defednat which might have preventing you form finding out about thier conduct or any damages.  I'm sorry for the lose of your beloved friend. ... Read More

Contact a New Jersey probate attorney who practices in the county in which your mother died.  In many states beneficiaries or heirs may request an accounting a certain number of months after the surrogate's court appoints an executor or administrator to settle the estate.  (You might start by checking that court's records to determine whether anyone has been appointed or applied for appointment.)... Read More

In your situation involving applying for a parent with a voluntary departure order, it is probably best for your father to obtain a copy of his entire immigration file and have an immigration lawyer look at it to give an opinion as to whether the case can be done. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

For a check to an estate to be cashed, there must be an estate bank account.  You can hire a local probate lawyer to help you probate the estate through either a formal or informal court proceeding (an affidavit of small estate) or, if the father's estate is too small even for this, let the proceeds go to the state comptroller as unclaimed property and, after a certain number of years have passed, prove that it should go to your son.... Read More

Your US citizen brother can sponsor you but it would take over 10 years before your priority date became current and you have to be in status and maintain status if you're adjusting within the US. So when your stay in the US expires you need to go home unless you can continue lawfully in another status or an extended current status. ... Read More

A spouse must have her own Will, health care directives and power of attorney and can have her own trust.  Naturally, the Will and the trust can only dispose of her interest in property.  Her spouse's signature is only needed on a waiver of spousal rights to a 401k sent to the plan administrator. Attorneys differ in how they charge, how much they charge and how long they take.... Read More

Your uncle's duty as personal representative is to collect your grandmother's assets, pay her debts and the debts of her estate, and distribute the rest according to her Will.  You write both that your grandmother left everything to your mother, your sister and you and that your uncle "owns only half the assets," which is confusing.  Regardless, if your grandmother's home must be sold to pay her debts and the debts of her estate, you, your mother and your sister must move so that your uncle, as personal representative, can sell the home.  If the three of you can pay those bills, you might want to negotiate a Family Settlement Agreement which will allow you to remain in the home.... Read More

Ultimately, the homeowner is resposnbile for having the proper permitting for any covered repair of consturiton in Frederick County.  Frederick City has its own permitting office as well. Normally, the written terms of a written contract control the performance of the parties to an agreement. However, if you agreed, even verbally, that the contractor would secure the permitting, there is a chance that you still may be able to argue that the unwritten terms be enfoced.  The verbal terms could be consdered what is know as parole evidence of an agreement between the parties and can be used agaisnt the contractor should the contractor's claims aginst you be ultimately litigated.  However, the contractor may be able to prevent such evidecne of an agreement relating to permitting from being considred should the contarct contain a merger clause.  Such a provison will normally state that the written terms contained in the contract are the entire agreement between the parties, therby preven ting any evidnce of any terms not actuall appearing in the contract from being considred. There are other avenues that you may use to apply preasure on the contractor to encourage settlement as well, and that list is too lenghty to discuss here.  Feel free to contact me, if you please, and i would be happy to review your agreement (contact) and discuss possible options  ... Read More

By law your stepmother, as your father's surviving spouse, was entitled to the 401k unless she affirmatively waived her right to it and so notified the plan administrator during the marriage. If there was a Will stating how other things were to be distributed (after debts were paid) and you were named the executor, you should have submitted the Will to probate. In any event, it is too late.        ... Read More

No. Presuming your lease is in writting and conforms to Maryland statue, and as long as you have done nothing else to breach the terms of the lease, the lease remains in force until the the time it say it will be renewed.  The landlord can then refuse to renew the lease at that time.... Read More

His income will not be considered for what is called the "Means Test" and will not effect your filing staus as far as your eligibility goes for you are not married.  However, if his extra income effects any of the catagories of expenses you list in Schedule J, it could.   For instance, if he were to pay more to your portion of the rent (which I presume you currently split), or if he were to pay any other expsenes on your behalf, it would lower the amount you claim you pay for that expense and, consequentlly, change your income to debt ratio.  If his new contributions changes the numbers so much that you are now solvent, that is, having an excess of income at the end of the month after you paying for your listed expenses, you will no longer be elegible to file a Chapter 7 bankruptcy, presuing that is the chapter you are filing under.... Read More

She can not force you to move out becuase your name is on the deed.  However, that may not prevent here from being able to have you removed if she can convice a court that you are a domesitc abuser or the court (if you have minor children in common) awards her use and posseion of the home.  However, a use an posseion order is not nornally granted until after a formal complaint for divorce is filed with the court and several months have passed.  In granting such orders, the court considers all the issues raised by the parties, but often ends up grant use and possession fo the home to which ever parties is also awarded temporary custody of the children.  Such orders are temporary but can last up to 3 years from the date a divoce is actually granted.  Who ends up payng for the mortgae and the utilities is also an issue the court will often decide based upon the equites and the parties ability to contribute to such expenses.... Read More

It would depend on the terms in your lease.  The lease is like a contract between you and the landlord and if it includes express terms, i.e, terms in writting, the courts normally strictly enforce those terms unless they are illegal.  However, if you did not renew the lease,and remain in the tenancy, you become a hold-over tenant and the lease becomes a month-to-month lease.  If you did, in fact, not hold over (by even a day) you may not be respsonble for the month's payment.  Again, not knowing the exact terms of the lease, it is had to say.... Read More

If you were granted a Final protective order by the court, and your husband was ordered by the court to vacate the premisies, then no, he could not sue you to get back into the apartment.  Regarding removing his name form the lease, that is up to the landlord.  More likey is that the landlord will not release him from the lease until the date of renewal.  In fact, both you and he (presuming that both of your names appear on the lease) will be responsible for paying the lease, presuming you were to move out, until the lease was up for renewal and no one paid it at all.... Read More

He is certainly vulnerable to a law suit if the girl friend's liability is first proven.  Presuming he has automobile insurance, the insurance should cover the driver's liability up to the policies financial limits (a minimum of $30,000 in Maryland).  If he is unensured, the deceased woman's estate can apply to the Maryland Automobile Insurance Fund (MAIF) for some compenstation.  More than likely, the damages the family and/or estate might claim would be well in excess of any insurance coverage he might have, so he may be liable for the difference in the form of a money judgement.... Read More