George E Meng’s Answers

George E Meng

Prince Frederick Litigation Lawyer.

Contributor Level 12
  1. Can I recover attorney's fees if the plaintiff filed a motion that had no legal basis, as stated by the judge?

    Answered about 2 years ago.

    1. George E Meng
    2. Scott Michael Swafford
    3. Thomas C Valkenet
    4. Dave Bahr
    5. Matthew Ryan Davison
    5 lawyer answers

    If this is a Maryland case, theoretically it is possible. See Rule 1-341 which reads: "In any civil action, if the court finds that the conduct of any party in maintaining or defending any proceeding was in bad faith or without substantial justification the court may require the offending party or the attorney advising the conduct or both of them to pay to the adverse party the costs of the proceeding and the reasonable expenses, including reasonable attorney's fees, incurred by the adverse...

    4 lawyers agreed with this answer

  2. What are the laws of intestacy in the state of Maryland ? and what is needed in probate?

    Answered over 2 years ago.

    1. George E Meng
    2. Nicholas Bernard Proy
    3. Timothy Sansom Faith
    3 lawyer answers

    If your wife had no children, you are her sole heir. If she had children, they are also heirs. You should call and than probably visit the office of the Register of Wills in the County where your wife lived to start a small probate proceeding. You can read about the process in the booklet "Administering Estates in Maryland" at http://registers.maryland.gov/main/packets.html Look at Section 6 on page 12. If the car had a loan on it, you will either have to pay it off or arrange with the...

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  3. Can the niece of the childless deceased be considered a child of the deceased in Maryland

    Answered about 1 year ago.

    1. George E Meng
    2. David Majors
    2 lawyer answers

    Maryland has a statute 1-205 of the Estates & Trusts Article that ends with this sentence: "A child does not include a stepchild, a foster child, or a grandchild or more remote descendant." A niece is a "more remote descendant." Your question hints at an argument that you are a foster child but as you can see a foster child is also not a "child" in Maryland.

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  4. If a will is tampered by the spouse/ pr and or son of the deceased, proved subseuqently can they inherit under intestacy?

    Answered over 2 years ago.

    1. George E Meng
    2. Robert Miller
    3. Steven J. Fromm
    4. Sherrille Diane Akin
    4 lawyer answers

    The answer to your first question is - Yes. Their fraud does not disqualify them from inheritance under intestacy. Your 2d question as to who pursues fraud is interesting. Before answering that question, you have to answer the question of who was damaged by the fraud and do the dollars of the damage justify a lawsuit for fraud. Unfortunately, your posting does not give me any indication of what damages might be. So I'll make an assumption or two and give some examples. Let's assume someone...

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  5. Does a Maryland estate administrator get compensated from the assets of an estate, such as a percentage from the sale of a house

    Answered 5 days ago.

    1. George E Meng
    2. Cheryl Sellers Johnson
    3. Steven M Zelinger
    3 lawyer answers

    Unless a Will provides a higher amount (a very rare occurrence), a Maryland Personal Representative is entitled to a Personal Representative's Commission. But it must be either consented to by all of the heirs or approved by the Court. What's very important is that the amount cannot exceed 9% of the first $20,000 of the estate plus 3.6% of the remainder. So for example for a $220,000 estate the maximum possible amount would be 9% of $20,000 = $1,800 plus 3.6% of $200,000 = $7,200 Total = $9,...

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  6. Can I transfer a Deed using a Power of Attorney in Maryland?

    Answered 7 days ago.

    1. George E Meng
    2. Thomas C Valkenet
    3. Mark William Oakley
    3 lawyer answers

    Generally, a Power of Attorney can be used to transfer real property in Maryland. In such cases the Power of Attorney gets recorded on the land records. However, if the transfer is a gift, the Power of Attorney must include the authority to make gifts. They typically do not include such authority. I add this last sentence because you indicated the transfer would be to you which makes me suspect it will be a gift.

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  7. My attorney just passed my case off to another lawyer in his firm, without my consent. My trial is tomorrow. What can I do?

    Answered 11 months ago.

    1. George E Meng
    2. Jennifer L. Ellis
    2 lawyer answers

    Right now call the lawyer you hired and tell the lawyer you want him. If you can't reach him call the lawyer you met with and ask her to get you in touch with him and explain your lack of confidence to her. If all else fails, consider having the young lawyer ask for a continuance. You should also check your retainer agreement as some lawyers include a provision that services might be provided by another lawyer in the firm.

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  8. We live in the state of Maryland.....how do we setup an estate after my mother died and left no will. What are we to do?

    Answered over 1 year ago.

    1. Gary D Altman
    2. George E Meng
    3. David M. Goldman
    4. Edward Samuel Clay
    5. M. Todd Miller
    5 lawyer answers

    Assuming your mother was a resident of Maryland someone needs to determine if she had a Will. If so, the Will will specify who has the right to initiate probate. If there is no Will and no spouse then any one or more of the children can initiate probate. I suggest you read the Register of Wills booklet on administering estates in Maryland and if you don't understand consult with a lawyer. The booklet may be found here http://registers.maryland.gov/main/packets.html

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  9. My Husband recently passed away. He has some assets - all in his name alone. What is my next step?

    Answered almost 2 years ago.

    1. George E Meng
    2. Jonathan J Goldberg
    2 lawyer answers

    I'm assuming you live in Charles County. You need to go through a process called probate. It will be done through the office of the Register of Wills which is on the first floor of the Circuit Court courthouse in La Plata. Some people handle probate without a lawyer but you've given enough information for me to say that doing it without a lawyer will probably just create more problems for you. Take a look at this booklet on the Register of Wills site. http://registers.maryland.gov/main/packets/...

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  10. In Maryland what happens if someone dies with a will and the living spouse is the only named benificiary?

    Answered about 2 years ago.

    1. George E Meng
    2. James P. Frederick
    3. Steven J. Fromm
    3 lawyer answers

    Wills only control assets which the decedent owned solely. So, joint items, items with beneficiaries, and pay on death assets are not controled by the Will. Even though there are no assets controled by the Will, in accordance with a statute, the original Will should be filed with the Register of Wills. It will be filed as a "Will of No Estate" and there will be no probate.

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