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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 
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
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
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
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
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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... View More
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
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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.... View More
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
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
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
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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
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
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
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
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
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
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
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?
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.
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?
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
I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.
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answered on May 30, 2025
The sine qua non of trademark registration is actual use in commerce that Congress may regulate. You cannot register a trademark before you have established a business that actually offers the service for which you want to register the trademark. However, you can APPLY for a trademark registration... View More
I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.
answered on May 30, 2025
It is important to file a trademark application in the name of the correct owner (otherwise, your trademark registration will be at risk). The correct owner is typically the individual or entity actually using the mark in commerce. Assuming your "business institution" is the entity that... View More
I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.
answered on May 30, 2025
Yes. You can file an intent to use trademark application. You'll be able to secure the name without having to provide a specimen for 6 months after the application is approved.
My daughter, who is a licensed driver, was involved in a minor rear-end accident while driving my vehicle in Prince George's County, Maryland. I am the sole owner of the vehicle. After the accident, passengers from the other vehicle left the scene without any communication and later filed a... View More
answered on May 29, 2025
Both you and your daughter can be sued. The lack of a police report does not preclude a lawsuit. However, you may have a defense to the lawsuit if your daughter was not your agent at the time of the accident. If you and/or your daughter are sued, turn the matter over to your insurance company and... View More
I am an 18-year-old driver in Maryland, and over the past year, I've been involved in two at-fault accidents. Currently, I'm excluded from my parents' insurance policy, but I still have my driver's license. If my parents obtain insurance from a different company on a car and... View More
answered on May 27, 2025
If your parents get new insurance and include you as a listed driver, then you would be covered under the new policy. You are not covered under their current policy so you should not drive any of their vehicles until a change is made.
If your parents take out a new policy and do not list... View More
I am an 18-year-old driver in Maryland, and over the past year, I've been involved in two at-fault accidents. Currently, I'm excluded from my parents' insurance policy, but I still have my driver's license. If my parents obtain insurance from a different company on a car and... View More
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answered on May 27, 2025
Sort of. Auto insurance policies typically follow the vehicle rather than the driver. So the good news is that if you're driving a car with the owner's permission, the car's insurance policy generally provides coverage in the event of an accident, assuming you are not an excluded... View More
I want to understand the chances of winning a case against my college roommate. Despite setting clear boundaries, my roommate used my items, insulted me, and threw away or damaged them upon moving out. There are records of my complaints and attempts at mediation through the RAs, documented chats... View More
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answered on May 21, 2025
In Maryland, there is no civil cause of action specifically for “harassment.” If someone is behaving in an aggressive, disrespectful, or invasive way, like your college roommate, the legal system generally does not provide compensation unless the conduct falls under a recognized tort, such as... View More
In Maryland, are the children of a deceased individual required to be informed that a will is going to probate even if they aren’t named as beneficiaries in the will? After my father passed away, I was never informed about any aspects of his will, probate, or who the executor was. Although I may... View More
answered on May 20, 2025
Yes, if an estate was opened, all “heirs at law” (meaning any person who would inherit if there were no will) must be notified so they can decide whether or not to challenge the will. As a child of the deceased, you are an heir at law.
However, if your father’s assets were all either... View More
I'm 67 and live in Maryland, considering marriage. I want to ensure that my assets remain separate after marriage and that my house, currently solely in my name, and my other assets, such as bank accounts, annuities, and employment insurance policies, can be passed to my grown son. There will... View More
answered on May 19, 2025
The ONLY way to achieve what you want is by a pre-nuptial (or post-nuptial) agreement. In the event of your death, a surviving spouse has a statutory elective share against their deceased spouse's estate in the amount of not less than 1/3 of the probate and non-probate assets of the estate if... View More
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