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Cedulie Renee Laumann

Cedulie Laumann’s Answers

24 total

  • Who is responsible for ensuring that the trust is funded - lawyer or client? What is your firm's practice?

    My spouse fell ill so we retained a well respected attorney to draw up a trust for estate planning.The lawyer charged a flat fee of several thousand dollars for a trust for each of us. The trust documents were provided, but there was never any fol...

    Cedulie’s Answer

    In the famous phrase attorneys like to use "that depends." If real estate, then the attorney would generally prepare the deed to transfer ownership to the trust. When a client retains my firm to set up a trust and they have Maryland based real estate going into the trust we prepare the necessary deeds and file same.
    Assets in financial institutions however remain in the cient's sole control and an attorney will not typically have any authority to transfer such assets. My firm typically reminds clients to go to their financial institutions to transfer these assets but it remains the client's job to do so. If any personal tangible property ("stuff" in the house, etc.) then the attorney can easily transfer by listing in the schedules to the trust instrument.

    I hope that this helps!

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  • In Maryland how hard is it to have someone removed from a home where they were allowed to live w/ the owner until their death?

    My elderly mother (75) allowed a homeless deadbeat relative to come live with her. My mother had been living alone. He had no place to go and really has been a bad bad person with a host of issues such as drug abuse and theft. My mother own the ho...

    Cedulie’s Answer

    If there is solid evidence of any of the crimes mentioned (e.g., theft) taking place against an elderly owner then the first stop would be to immediately call the police and/or adult protective services.

    If no crimes are being committed but the occupant has some unsavory characteristics / past that make other family members uncomfortable there is little to do (as the question seems to implicitly understand). A property owner can let whomever they choose live in their home. Charity can be a good thing, even if the recipient seems undeserving.

    It is a challenge to answer questions about future events because no one knows what the exact circumstances will be. Is there or will there be a lease? Who is the Personal Representative and how long will they manage the property before disbursing? Will that person want to oust or not? If at some point in time in the future, you or someone else owns the property and an occupant without legal right to stay refuses to leave there may be legal rights to file for eviction and/or possession. Generally these are started by filing in District Court in the county where the property is located. Almost always the occupant needs to be served with the court papers. The court will need to rule. If possession is granted, then the sheriff's office schedules a date to physically evict. A landlord/tenant attorney can offer insight on the process for eviction / recovering possession as, if & when the time arises. Rules and procedures change from time to time.

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  • What is the best contract to use to transfer title? A quitclaim deed or regular deed? Will the outstanding mortgage have impact?

    I own a residential property as joint tenants with one other owner in Prince George's County, Maryland. I'm not related or married to the other owner. We have agreed that I will buy-out the other owner for some consideration. There is an ou...

    Cedulie’s Answer

    A quit claim deed means that the person giving their interest away isn't willing to say that they own what they are giving away. In rare circumstances will a quit claim deed be appropriate, usually they are reserved for cases like a disputed title or estate with many heirs who don't know whether they have a true interest or not. As another attorney noted, there are general warranty deeds and special warranty deeds. There is also a sort of hybrid deed without warranties but with recital of ownership used when no money is changing hands. So generally when money is changing hands, a "regular" deed tends to be far preferred.

    Yes, the mortgage will have an impact in two ways. If not related to or married to the other owner then usually transfer and recordation taxes will be due based on the outstanding balance of the mortgage. Secondly, most mortgages have a "due on sale" clause that means the entire mortgage needs to be paid up if a transfer occurs. So generally you'll want to contact the lender before doing any transfer to make sure they are okay with it. On rare occasion they'll want to look at the deed ahead of time. If the person being bought out is being removed from the mortgage you'll need to refinance or assume the loan.

    My firm does such co-owner transfers routinely as do others. You're welcome to call or contact another attorney of your choosing to get a quick estimate of what kind of transfer/recordation taxes you'll likely encounter based on the consideration and amount of the outstanding mortgage. The deed itself will likely be modest in cost but it would make sense to know what to expect in terms of overall tax costs before proceeding.

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  • Can my lawyer demand a lump sum or can I make monthly payments on a deed change? will the deed process stop if I dont pay lump?

    hellow. a lawyer is working on deed change. to put my decessed parents house into my name. im 62 disabled and get only 758 a month s s. and food stamps of 50 a month. the lawyer wants 2200 for this deed change. he said he wont accept monthly paym...

    Cedulie’s Answer

    • Selected as best answer

    As other attorneys noted, a few thousands dollars for only a deed change seems quite unreasonable. However, a preliminary question to ask is: is the fee only for a deed (which generally is a few hundred dollars not counting the government imposed recording fee which is currently $60 and any city/county fees which can be another $40 - $60 depending on the location) or does it include opening up and/or administering an estate?

    Administering an estate often includes 6-12 months worth of work and will require things like filing a petition, putting notice in the newspaper, inventorying property, notifying creditors, filing accountings with the court and so forth. It is reasonable to expect to pay about 4%-5% in administration costs (so a $100,000 estate will likely have at least $4,000 - $5,000 or so in administration costs including the 3.6% commission set by statute) An attorney representing an estate should not get paid out of estate money until the court approves the payment or the fee OR all the interested persons consent in writing and the consent is filed with the court.

    Every client has the absolute right to choose their own attorney. While an attorney can set their own fees and not release paperwork until the agreed upon fee is paid if the quoted fee is not reasonable you are encouraged to shop around. Just make sure you clearly understand all that is involved - was the estate already opened and administered and all you need is a deed or do you need a lot of additional work to handle the estate?

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  • What court papers do I need to file

    I left the state of maryland. My house had been foreclosed and I moved a shed full of things onto my neighbors property I stayed on her couch for a few months prior to my move. Not to get into too many details but I had to move out quickly and wi...

    Cedulie’s Answer

    You can go to the District Court in the county where the property is located and file a small claims action to recover personal property ("stuff"). The District Court has a brochure that offers some insight on the actions of replevin and detinue. Some courthouses also offer clinics with some limited help on how to select and fill out the correct paperwork for self-represented people.

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  • Homeless after christmas for no reason

    My husbands longterm friend went to prison for multiple dui's, fta's, etc. He was going for 2-3 yrs, so he signed power of attorney over to his son. His son rented the home to us because it was left in shambles, no running water, just a moldy mess...

    Cedulie’s Answer

    Your rights will depend on the lease terms (in other words, do you have a year's lease? month-to-month?) and notice requirements. You may wish to call BNI, a non-profit organization in this state that offers a free landlord/tenant hotline in Maryland: 1-800-487-6007

    Although I am not affiliated with the mentioned non-profit, it is a great resource for any Maryland resident who needs help with an urgent landlord or tenant related question and they might be able to steer you into other resources.

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  • In writing my own will, can I choose to have the Court assigned/appointed as Executor of my estate?

    I'm thinking about writing my own will and having the Orphan's Court appointed as Executor and act as fiduciary itself. As of yet, I haven't found anyone who is willing to deal with the Register of Wills for my estate. I was the executor for my f...

    Cedulie’s Answer

    • Selected as best answer

    It sounds like you've done your homework and have gone through the process of transferring assets by title through means of a TOD/POD account. If you use a pre-printed fill-in-the-blank will, be aware that sometimes they are written for another state (not Maryland) and sometimes I've seen self-written wills contain contrary terms (maybe they use per stirpes when they elsewhere describe a contrary intent).

    Although not your specific question, if the only thing to go through probate is the house, why not consider taking that out of probate through means of an enhanced life estate deed? My firm does these types of deeds routinely, and I'm sure other firms can as well. The cost to prepare and record such a deed should be minimal. That way you avoid the hassle / cost of probate entirely and avoid needing a Personal Representative yet keep full ownership of the home during your lifetime.

    If you do wind up with probate assets and do not designate a PR (some states call this an Executor) the law actually lists people with priority to step in and fill this role. However, perhaps you can avoid the dilemma entirely by taking a different approach to transferring the real estate.

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  • How do I go about finding lawyers who specialize in or are experienced with Maryland partition actions/law?

    I seek help with answers to questions such as ... How do I go about executing a partition action in Maryland? If the court has the property sold (public auction), how does that work and can I participate in the action to purchase the property? I'v...

    Cedulie’s Answer

    To answer your specific question "how do I go about finding lawyers...," you may wish to call firms who handle real estate matters in your county and simply ask if they are actively taking partitions / sale in lieu of partition cases. Generally, a firm that handles real estate litigation would be able to assist.

    The other attorneys correctly noted that a partition action involves a lawsuit in the circuit court and that auction is only one method available to sell a property in such a case. A court-appointed Trustee handles the specifics of the sale.

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  • What actions should be taken if my employer has altered my hours worked to my detriment?

    Employer has on multiple occasions subtracted 30 minute "lunch" breaks without pay in instances where lunch breaks were either not taken or did not last 30 minutes. There are currently 3.31 hours worked for which I have not been compensated and em...

    Cedulie’s Answer

    This scenario falls under the category of "unpaid wages" - if an employee worked and wasn't paid for same, there is likely a claim for unpaid wages. Maryland offers two options to pursue unpaid wages if the employer refuses to pay: an employee can either file a governmental complaint for labor violations and let a governmental official investigate OR the employee can file a private suit to recover the unpaid wage / statutory damages up to three times the withheld wage. Note that the penalty is not automatic but is up to the discretion of the trial court, based on all the circumstances.

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