Legal Questions

Want to find an answer to a general question about an area of Maryland law? 

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Contact Arden Law Firm by phone or e-mail today or browse the already answered legal questions below.   No cost "free" initial phone or e-mail consults are available for up to 10 minutes, or if you have a more detailed question attorney consulations are available with an experienced attorney for a flat fee that includes up to 1.5 hours of meeting / consultation.  

Other Frequently Asked / Representative Questions by Area of Law:

FAQ: Business Law

  Q:  How do I set up a Maryland LLC?  

  A:  A LLC is formed by filing Articles with the State.  Other essential formation steps include setting up necessary federal and state tax accounts, obtaining necessary licensure and registration in your city/county/industry, creating an Operating Agreement, holding an Organizational meeting and issuing ownership certificates.  If you'd like more information check out the Business Law page or call Arden Law Firm, LLC.

Q:  What is a business Letter of Intent (LOI)?  What should be in a LOI?

A:  In many business transactions (such as entering a commercial lease, buying commercial real estate, selling or buying business assets or taking over a business entirely) the parties will outline preliminary working terms in a Letter of Intent (or LOI).  An LOI basically sets the stage for the more detailed and legally binding Purchase Agreement or Lease to follow.  While an LOI usually is a short and sweet 2-3 page version of the core terms, a well-drafted LOI can save much headache and hassle down the road!  

FAQ: Real Estate Law

     Q:  I won a property at tax sale. The owner walked away and didn't pay. Now what? 

     A:  If the record owner does not redeem, the tax sale purchaser can file a Complaint to Foreclose the Right of Redemption.  There are specific time frames associated with these types of cases and strict formalities so it is good to call a lawyer sooner rather than later.

     Q:  My parents want to give us money to buy a house.  They want a mortgage to secure the note.  How do we do this?

     A:  Maryland law places limits on who can give a mortgage loan.  A seller or close family member can make a loan and have it properly secured by two important legal documents: a Note and a Deed of Trust.  There are usually other papers and taxes imposed based on the value of the loan, but the Note and Deed of Trust together create the "mortgage."  Call Arden Law Firm for information about seller or family private party mortgages. 

FAQ:  Maryland Deeds

Q:  How can I add (or remove) someone from the Deed? 

     A:  Adding someone requires a new Deed, properly prepared, witnessed and filed.  Under Maryland law only a licensed attorney or party to the transaction can prepare a deed.  Removing someone can either be done by a new deed (generally requiring all owner's participation) or in some cases by court order forcing a sale. 

FAQ:  Maryland Estates and Wills

      Q:  Can I find a sample Will? 

      A:  Your will should be tailored to your specific needs and state law.  However, if you do choose to use a preprinted will, you are encouraged to talk with an attorney beforehand to make sure that it complies with the legal requirements and sastisfies your goals.  

      Q:  How much does it cost to have an attorney handle an estate for us?

      A:   Legal fees are set by each firm and based on the particulars of each case but the law does have a statutory formula for personal representative commissions.  In most cases Arden Law Firm, LLC can work on a percentage basis for less than the stautory fees that can be claimed by the personal representative.  

In many estates handled by Arden Law Firm the Attorney handles all the legal and "paperwork" (filing inventories and petitions, obtaining tax id, coordinating appraisals, obtaining bond, calculating taxes, preparing accountings, etc.) and the Personal Representative remains responsible for the "physical" control of the assets (cleaning out the house, selling the car, opening up the bank account, writing checks, etc.).  After a brief phone call or consult Arden Law Firm LLC can usually give an idea of how much attorneys fees will be - this is typically LESS THAN  the statutory allowance for personal representative commission.  

       Q:  Do I need a Trust?   What is a living trust?  

       A:  Not everyone benefits from a Trust.  There are many kinds of trusts and they should be crafted based on the particulars of each situation.  Trusts are usually advised in blended family situations, when a beneficiary might be unable to manage assets or when property is scattered in different states. In some cases (particularly when the main asset is a home) a Life Estate Deed can accomplish the same purposes for less money.   A "living trust" is simply one that goes into effect while the planner is still living.  It is also possible to incorporate a trust into a will. 

FAQ:  Adult Guardianship

     Q:  My parent is losing mental capacity.  How do I legally manage his/her affairs?

     A:  If the person you're concerned about prepared a Power of Attorney, the Agent named can legally managed their financial affairs as per the powers granted in that document. Medical decisions are addressed in an Advance Directive.  If they do not have these planning documents in place and lack the ability to plan now, guardianshp proceedings may need to be started.  Maryland has two types of guardianship for adults - guardianship of the PERSON and guardianship of the PROPERTY.  These can be combined into a single proceeding.  

© ArdenLawFirm 2014-2018  Managing Attorney Cedulie Laumann, Esq.