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Maryland Questions & Answers
3 Answers | Asked in Probate and Contracts for Maryland on
Q: Am I responsible for my deceased spouse's debts in Maryland?

In Maryland, if my spouse passes away and there was no estate established, am I, as the surviving spouse, responsible for paying any credit card and home improvement bills that were incurred after marriage?

Mark Oakley
Mark Oakley
answered on Jul 10, 2025

You would not be contractually liable for debts incurred only in her name. Any breach of contract claims for her unpaid debts would have to be filed against her estate within 6 months of her death. If there were no estate assets, then the claims cannot be paid. However, a creditor might try and... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Business Law for Maryland on
Q: Company car merged into my lane causing accident: Who's at fault?

I was driving in a right-turn-only lane to go straight to the next right-turn-only lane when a company car in the straight lane merged into my lane in Maryland. Trying to avoid the company car, I hit the curb and then bounced back into its car. The company car was merging into my lane prior to the... View More

Mark Oakley
Mark Oakley
answered on Jul 10, 2025

The way you describe it, you believe it is the other driver. But —if I’m reading your description correctly— you also say you were in a right-turn-only lane and didn’t turn right, but continued straight into a second right-turn-only lane, at which point the other driver attempted his merge... View More

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4 Answers | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: Arrested for DUI in Maryland after refusing sobriety tests. What are my options?

I was pulled over in Maryland for not coming to a complete stop at a stop sign, and an officer suspected I was under the influence due to slurred speech and odor of alcohol. It was my first offense, and although I refused the sobriety tests and was arrested for a DUI, my license was not taken. I... View More

Scott Scherr
Scott Scherr
answered on Jul 6, 2025

You need to retain counsel to represent you. You face a lengthy suspension of your license if you blew .08 or above or refused the test unless you file for a MVA hearing within a very short timeframe or elect the interlock for one year. An attorney can advise you of your chances of success at the... View More

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4 Answers | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: Arrested for DUI in Maryland after refusing sobriety tests. What are my options?

I was pulled over in Maryland for not coming to a complete stop at a stop sign, and an officer suspected I was under the influence due to slurred speech and odor of alcohol. It was my first offense, and although I refused the sobriety tests and was arrested for a DUI, my license was not taken. I... View More

Mark Oakley
Mark Oakley
answered on Jul 6, 2025

The test refusal triggers an automatic suspension but you can request a hearing to challenge the probable cause for asking you to take the test. You have very little time to request the hearing by filing a timely request with the MVA and paying the ALJ hearing fee. Alternatively, you can elect the... View More

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4 Answers | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: Arrested for DUI in Maryland after refusing sobriety tests. What are my options?

I was pulled over in Maryland for not coming to a complete stop at a stop sign, and an officer suspected I was under the influence due to slurred speech and odor of alcohol. It was my first offense, and although I refused the sobriety tests and was arrested for a DUI, my license was not taken. I... View More

Colleen M Kirby
Colleen M Kirby
answered on Jul 7, 2025

It is extremely important to consult with a DUI/DWI attorney. If an order of suspension was issued, it means the MVA will suspend your driving privileges on the 46th day after the order was issued. A DUI/DWI attorney can discuss the options with you.

Also, it is likely you received...
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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Maryland on
Q: Facing eviction after partial rent payment, landlord agreed to arrangement. What's next?

I'm facing eviction even though I made a partial payment of half the rent on the eviction day. I've communicated with my landlord, who agreed to the payment arrangement. However, I've also received responses from the court regarding my eviction status. What can I do next to prevent eviction?

Leonard A Englander
Leonard A Englander
answered on Jul 2, 2025

Do you have a written agreement wherein the terms were stated (ie. I agree to pay half the rent on date X and the remainder on day Y)? If yes, then you could attempt to enforce the agreement.

However, if it's an oral agreement only, that may prove difficult. You can pay the...
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2 Answers | Asked in Consumer Law, Small Claims and Arbitration / Mediation Law for Maryland on
Q: Should I sue the corporate office or dealership for Key FOB issue under Maryland Consumer Protection Act?

I'm planning to sue a business for violation of the Maryland Consumer Protection Act in small claims court. In July 2023, I bought a Key FOB from a car dealership for $750, with assurances it would lock my car doors. By October 2023, the Key FOB wasn't working as promised. The dealership... View More

Ronald V. Miller Jr.
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answered on Jun 27, 2025

You should probably name both the dealership and the corporate office in your small claims lawsuit. The dealership is where you bought the Key FOB and where they gave you all those assurances and repair estimates that went nowhere. But since you also dealt with the corporate side for over a year,... View More

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3 Answers | Asked in Criminal Law for Maryland on
Q: Arrested for shoplifting, awaiting citation, diagnosed with PTSD, bipolar disorder. What to expect?

I was arrested on June 10, 2025, for shoplifting from a Wegmans grocery store. I was processed at the police station and released, with the officer telling me that I would receive a citation in the mail to respond to. I have no criminal record and have never had a traffic ticket. I was diagnosed... View More

Mark Oakley
Mark Oakley
answered on Jun 26, 2025

Definitely hire a lawyer. You should be eligible for a diversion arrangement, where you perform community service hours in exchange for dismissal of the case. That deal is worked out with the prosecutor's office, and you should have a lawyer handle that negotiation to make the best... View More

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3 Answers | Asked in Civil Litigation, Probate and Contracts for Maryland on
Q: Accused of fraud by executor over gifted money.

I am being accused of fraud by my uncle, who is the executor of my grandfather's estate. Before my grandfather passed away, he gave me $2,500, and we had a verbal agreement about this transfer. My uncle is now challenging the legitimacy of this transaction after my grandfather's passing.... View More

Mark Oakley
Mark Oakley
answered on Jun 26, 2025

Basically, there's nothing to do unless and until your uncle does something--either sues you for return of the money, files a criminal charge for elder financial abuse/theft, or attempts to reduce your inheritance by the $2,500. At that point, you need to be prepared to respond with a lawyer... View More

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2 Answers | Asked in Tax Law, Real Estate Law and Estate Planning for Maryland on
Q: What are the tax implications of selling a parent's home in Maryland while they are alive vs after their passing?

I am considering selling my mother's house in Maryland to help cover her final expenses. She has lived in this home, which is solely in her name, since 1948. We are planning to sell it for around $300,000, while the original purchase price was about $13,000. There have been some enhancements,... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jun 18, 2025

In a word, "yes". There are definitely tax implications and very often differences between selling real property during the original owner's lifetime vs. after their death. An online post cannot analyze what your specific tax consequences would be in either case (it is more of a... View More

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2 Answers | Asked in Immigration Law for Maryland on
Q: How to contact USCIS for adjusting status with I-485 after I-140 approval?

I am currently in the U.S. with legal status. I filed an I-140 petition in the EB2 category in the U.S., and it was approved. However, the I-797 letter mentioned my petition has been forwarded to the National Visa Center (NVC) for consular processing. My Priority Date is not yet current, and I have... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 17, 2025

If your I-140 was approved and sent to the National Visa Center (NVC) for consular processing but you want to adjust status in the U.S., you generally don’t need special permission. When your priority date becomes current, you can file Form I-485 directly with USCIS — include a copy of your... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: Can a victim stop the state from pressing 2nd-degree assault charges?

I am being charged by the state of Maryland for 2nd-degree assault. The victim, who I had one prior police interaction with in February (no arrest), does not want to press charges but provided a statement to law enforcement. There were only police officers as witnesses who came after the fact. Can... View More

Michael J. McConnell
Michael J. McConnell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2025

As a general matter, a victim cannot unilaterally stop the state from prosecuting someone in a criminal case. That is because once a police report is filed and charges are brought, the decision to proceed with the case is entirely in the prosecutor’s hands.

As a practical matter, it can...
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2 Answers | Asked in Intellectual Property, International Law and Internet Law for Maryland on
Q: How to handle a German law firm's copyright infringement demand?

On June 5, I received a notice from a German law firm demanding over a thousand dollars for an alleged copyright infringement related to a photo I previously posted on my Substack account. The photo, which I believe was a collage of Twitter posts by a celebrity, was taken down by Substack, who will... View More

Alan Harrison
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answered on Jun 12, 2025

First, hire a lawyer who can carefully do the following plus more.

Your attorney probably would want to get a copy of the complainer's copyright registration for the allegedly infringed work. This could show who, if anyone, might own the right to sue people who duplicate the work....
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2 Answers | Asked in Immigration Law for Maryland on
Q: Can my H-1B be reactivated and will an F-2 denial affect a new H-1B?

I was in the U.S. on an H-1B visa from 2021 until May 2024 out of the 6-year cap, though my visa was valid until September 2024. I left the U.S. in May 2024 and have been in India since then. My previous employer is offering me a job again. Can my H-1B be reactivated given that I have only used 3... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 7, 2025

Yes, your H-1B can be reactivated since you were previously counted under the cap and only used 3 of the 6 years. Your employer can file a cap-exempt petition for the unused time. The prior F-2 denial under INA 214(b) should not negatively affect an H-1B petition or visa stamping, as H-1Bs allow... View More

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2 Answers | Asked in Foreclosure and Real Estate Law for Maryland on
Q: How does foreclosure affect me if I'm on the deed but not the loan?

I am on the deed to my daughter's house in Maryland, but I am not on the loan. The house is in the process of foreclosure, with a letter of intent to foreclose received on 05/25. There are no other individuals on the deed. I am concerned about whether this foreclosure could impact my credit.... View More

Anthony M. Avery
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answered on Jun 5, 2025

It is possible that the lender might report a parcel you own has been foreclosed upon, which is going to be true. However if you did not sign a note or a deed of trust, then you did not borrow money from the lender and owe them nothing. If your credit report says anything about a delinquency on... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Is a simple living trust enough for our house to avoid issues for our children in Maryland?

I'm considering setting up a living trust for our house, which still has a mortgage. My husband and I want to ensure our children can easily decide what to do with the house if something happens to us, as we frequently travel together. We have life insurance for the mortgage but haven't... View More

Mark Oakley
Mark Oakley
answered on Jun 2, 2025

“Simple” is not an adjective I would ordinarily use for a living trust, or any trust for that matter, but yes, a living trust is one option that can address your concerns, but a lot more expensive one than a typical Will, which can accomplish the same result much more cheaply and without that... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for Maryland on
Q: Is a simple living trust enough for our house to avoid issues for our children in Maryland?

I'm considering setting up a living trust for our house, which still has a mortgage. My husband and I want to ensure our children can easily decide what to do with the house if something happens to us, as we frequently travel together. We have life insurance for the mortgage but haven't... View More

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

A typical Revocable Living Trust will avoid probate and give the management of property to a designated “Trustee” (the Trustee can be anyone the planner choses, often this is person is selected from among the beneficiaries if there is no need for outside management). A Trust can only control... View More

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2 Answers | Asked in Landlord - Tenant, Constitutional Law and Real Estate Law for Maryland on
Q: Can my landlord restrict firearm ownership in my apartment in MD?

My landlord sent out a notice requiring all tenants to sign a new addendum restricting firearm ownership within our apartments. I have not previously signed any lease terms concerning firearm ownership. The addendum is said to be mandatory, and I believe we should retain the right to protect our... View More

Mark Oakley
Mark Oakley
answered on Jun 2, 2025

If the restrictions are not already in your lease, and your lease is not up for renewal yet, then you cannot be required to sign the addendum; however, the landlord is not obligated to renew your lease at the end of the term. Unless you are in a public housing property, then you are dealing with a... View More

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3 Answers | Asked in Employment Law and Contracts for Maryland on
Q: Are non-compete clauses enforceable for 1099 physicians in Maryland?

I am a physician who signed a non-compete agreement as a 1099 employee in Maryland. The non-compete clause restricts me from working with competitors for 2 years. Are these types of non-compete clauses enforceable in Maryland?

Mark Oakley
Mark Oakley
answered on Jun 2, 2025

While non-compete clauses are legal and enforceable as a general proposition, in practice it depends very much on the specific facts. The reasonableness of the time and distance limitations matter a lot. Also, a non-compete will not be upheld to prevent an employee from changing jobs in their... View More

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3 Answers | Asked in Employment Law and Contracts for Maryland on
Q: Are non-compete clauses enforceable for 1099 physicians in Maryland?

I am a physician who signed a non-compete agreement as a 1099 employee in Maryland. The non-compete clause restricts me from working with competitors for 2 years. Are these types of non-compete clauses enforceable in Maryland?

Rolanzo Richard White
Rolanzo Richard White
answered on May 30, 2025

Yes, it may be binding, but it will depend on the reasonableness of the restrictions, according to MD law, and the pay and position of the contractor.

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