Thomas C Valkenet’s Answers

Thomas C Valkenet

Baltimore Litigation Lawyer.

Contributor Level 17
  1. I've heard people argue both ways, if you get pulled over for suspected dui, are better you off taking the tests or refusing?

    Answered 6 months ago.

    1. Thomas C Valkenet
    2. Scott R. Scherr
    3. Stephen Patrick Shepard
    4. William Lawrence Welch III
    5. Mark William Oakley
    6. ···
    6 lawyer answers

    This is a very common issue. One lawyer in our office has written a short explanation, which is linked, below.

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  2. Should I go in for questioning?

    Answered 3 months ago.

    1. Thomas C Valkenet
    2. Scott R. Scherr
    3. William Lawrence Welch III
    4. David Raymond Mahood
    5. Jonathan L Katz
    6. ···
    10 lawyer answers

    NO! Put another way, don't do it. You should be discussing your criminal exposure with a lawyer. You should not discuss this with anyone else. Period.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is grocery store responsible for my fall?

    Answered 6 months ago.

    1. Thomas C Valkenet
    2. L. Maxwell Taylor
    3. David Herman Hirsch
    4. David Ian Schoen
    5. Francis M Smith
    6. ···
    11 lawyer answers

    A slip-and-fall in a parking lot in the dead of winter is not an easy case. Setting aside any discussion of whether you are, in fact, injured, the focus will be on parking lot area. Who controlled, owned or leased the lot? Was it cleared? Was it black ice? Was it sanded? You get the picture, I'm sure. The party ultimately in charge of the lot has many ways to avoid liability for your injury.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. If me and my fiancé are married but neither of our spouses will give us a divorce what do we do about getting married legally?

    Answered 9 months ago.

    1. Thomas C Valkenet
    2. Peter Joseph Lamont
    3. Craig Bernard Mitchell
    4. Florian Eqrem Tabaku
    5. David Raymond Mahood
    5 lawyer answers

    You both file for and obtain court ordered divorces. Then you are free to marry. We have recently had a few cases where folks re-married before being legally divorced, and it created huge problems with pension plans, Wills and made several adult children "bastards." Do it the correct way.

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  5. Daughter got DUI while driving my car; wrecked it. insuror wants to speak directly to her. My car is totaled. What is my risk?

    Answered 12 months ago.

    1. Thomas C Valkenet
    2. Mark William Oakley
    3. Scott R. Scherr
    4. Patrick Erney Maher
    5. Scott Carl Athen
    6. ···
    9 lawyer answers

    Your exposure will be determined by whether you negligently entrusted the car to her. That is a fact based determination, depending on your knowledge. But more importantly, does she have counsel for the DUI? There are severe administrative sanctions through the MVA, including suspension and revocation, if she doesn't make certain requests in time. And she may be eligible for the ignition interlock program (it varies with age). She will also have to deal with the criminal charge. She needs counsel.

    11 lawyers agreed with this answer

  6. I have a trust which my mother has kept hidden from me for years, refusing to give me the acct info. laughing when I ask for it

    Answered over 1 year ago.

    1. Thomas C Valkenet
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    3 lawyer answers

    The Maryland Courts provide you with the leverage required to force full disclosure and a financial accounting by the Trustee. We have experience in filing this type of action. Your mother will be forced to come to court and make full disclosure. The court action also gives us the authority to issue subpoenas to banks and financial institutions to track the money, it's location, and how it has been spent.

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  7. How do i obtain a power of attorney in the state of Indiana, in order to sell my deceased mother's home?

    Answered 12 months ago.

    1. Thomas C Valkenet
    2. Paula Brown Sinclair
    3. Charles Adam Shultz
    3 lawyer answers

    It will not work. A Power of Attorney only applies to living folks. Now that Mom is dead, you must open an Estate and obtain letters of Administration. If she died in Indiana, you must open the Estate there. You will need an Indiana lawyer to assist you. If she died in Maryland, you will open an Estate here and ancillary proceedings in Indiana. You cannot sell the house without clearing the probate process since it may be necessary to liquidate the asset in order to pay Mom's bills.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What steps do I need to take to get a Power of Attorney?

    Answered 6 months ago.

    1. Thomas C Valkenet
    2. Robb Adam Longman
    3. Evan H Farr
    4. George E Meng
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    It is your parents that need a lawyer so they may grant a power of attorney to you. They must be competent, and they must agree. In some families, this is not easy. And their lawyer must be comfortable that it is the parents decision, and not what a child thinks is best, only. The lawyer may need to chat with the doctor if there is any question about competency to grant the power of attorney. And if they are not competent, only a court can grant you guardianship over person or property. So,...

    10 lawyers agreed with this answer

  9. What kind of lawyer do I need to hire to recover money owed from an oral agreement?

    Answered 10 months ago.

    1. Mark William Oakley
    2. Thomas C Valkenet
    3. Brandy Ann Peeples
    4. Rixon Charles Rafter III
    5. Daniel Gary Rosenthal
    5 lawyer answers

    It would be easiest to include in a divorce settlement, but if the money was borrowed from your parents, then they are the ones who must engage a litigation attorney to sue on the debt.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Does a court order for a constructive trust have a statute of limitations?

    Answered 2 months ago.

    1. Thomas C Valkenet
    2. Mark William Oakley
    2 lawyer answers

    Unless the court order has an expiration date, it remains in force. But it is not self enforcing. You must move the court for additional relief based on that order if the other side has not performed. And if the property was "refinanced and another property purchases with those funds," are you saying it was sold? Or a refinance created enough fund to purchase another separate property? It may well be that the trust continues to burden those funds. What you need is a lawyer to review your...

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