Chapter 9 Substantive Law - Real Property, Estates and Family Law

Substantive Law
Real Property, Estates and Family Law

Contracts and Real Propery

This is a continuation of the work you did in chapter 8 relating to contracts. You will now look at the contract from the property perspective.

Using the Real Estate Contract provided, the information in the chapter relating to Real Property including the Chapter Summary Real Property on page 313 of your text, and any material you may locate, find the paragraph(s) that discuss the following real property issues.

	In what paragraph is the real property described in the contract?
	Is personal property discussed anywhere in this contract?
	What estate in land is being conveyed in this contract?
	Where is the financing discussed?
	Is there an inspection of the property prior to closing or at any other time after the contract is ratified?
	Who will pay for the title examination and title insurance?
	What type of deed will be conveyed?
	Who pays the transfer and recordation taxes?

Requirements

	Write an informative letter detailing your findings in relation to the contract provided.
	Attach a separate sheet that cites properly any sources used in the answer.
	Insert your answer into the Contracts and Real Property sections of the Paralegal Reference Manual.

Top of Page

Landlord/Tenant

Using the following fact pattern, hyper linked material, and any additional information you may choose to find, analyze the fact pattern to determine if the landlord has acted appropriately under the Maryland Security deposit law.

Fact Pattern

Ms. Also Nice, a tenant, came into the law office where you are employed. She was very upset because she wrote a letter to the landlord notifying him that she was moving in 60 days (assume that this is proper notice to terminate the lease.) It seems the tenant sent a first-class letter to the landlord informing him of her new address, the date of moving, and a request that she be allowed to be present during any security deposit inspection. The landlord never responded to the letter. After Ms. Nice moved the landlord inspected the property without the tenant present and wrote a letter to the tenant at her new address 20 days later. The letter advised Ms. Nice that the landlord was keeping all of the tenants deposit for damage due to the leased premises. The tenant claims that there was no damage and she has pictures to prove it. Originally, Ms. Nice gave the landlord a security deposit in the amount of $1,500 plus a pet deposit of $150. The rent was $750 per month. The lease and the security deposit were oral.

Requirements

	After carefully reading the Maryland security deposit law and any additional material you wish to use, write an Internal Memorandum regarding the tenants rights under the Maryland Security deposit law.
	Remember to cite properly any sources that you may use.
	Be specific concerning the potential remedies available to her under the law.
	Maryland Law Library Security Deposits Annotated Code of Maryland Real Property Article 8-203 & 8-203.1
	Landlord Tenant Law
	Security Deposits
	Insert your answer into the Contracts and Real Property sections of the Paralegal Reference Manual.

Top of Page

The following is additional information tht you may find helpful and/or useful.

Lectlaw

This site cannot always be trusted by generic information about contracts and real property is usually accurate.

	General Information on Real Estate
	If you print any of the material you may insert it into the real estate section of the Paralegal Reference Manual.

Top of Page

Wills, Trusts and Estates

Part 1

Wills

Using the chapter information, hyper linked material, and any additional information you may choose to find determine the requirements for a valid will in Maryland.

Maryland Law Library
Maryland Law
Annotated Code of Maryland
Estates and Trusts Article
4-102, 4-103, 4-104, & except 4-405.

Requirements

	After carefully reading the Maryland Law on the subject and any additional material you wish to use, write an Internal Memorandum regarding the requirements for a valid Maryland will.
	Remember to cite properly any sources that you may use.
	Insert your answer into the Wills, Trusts, and Estates section of the Paralegal Reference Manual.

Top of Page

Part 2

Trusts

Using the chapter information, hyper linked material, and any additional information you may choose to find.

	Maryland Register of Wills - Generally reliable. Living Trusts Get the Facts
	What is a Trust?

Requirements

	After carefully reading the information on the subject and any additional material you wish to use, write an informative letter regarding the tax savings of a living trust.
	Remember to cite properly any sources that you may use.
	Insert your answer into the Wills, Trusts, and Estates section of the Paralegal Reference Manual.

Top of Page

Part 3

Estates

Using the chapter information, hyper linked material, and any additional information you may choose to find, determine if Maryland follows the Uniform Probate Code and determine the rules for intestate property distribution under that Code. How are those rules similar and different from the ones used in Maryland?

	Maryland Law Library Maryland Law Annotated Code of Maryland Estates and Trusts Article 3-102, 3-103, & 3-104
	Uniform Probate Law You will use the South Dakota Code which was enacted without change from the Uniform Probate Code.
	Maryland Register of Wills- Generally reliable. State of Maryland Register of Wills - General Estate Information Administration of Estates

Requirements

	After carefully reading the Maryland Law on the subject , the materials below, and any additional material you wish to use, write an informative letter regarding the similarities and differences between the Uniform Probate Code and the Maryland Rules for Intestate Succession.
	Remember to cite properly any sources that you may use.
	Insert your answer into the Wills, Trusts, and Estates section of the Paralegal Reference Manual.

Top of Page

The following is additional information tht you may find helpful and/or useful.

Lectlaw

This site cannot always be trusted by generic information about contracts and real property is usually accurate.

	What are the requirements for making a will?
	What 's the difference between Wills and Living Trusts?

	If you print any of the material you may insert it into the real estate section of the Paralegal Reference Manual.

Top of Page

Introduction to Paralegal Studies Substantive Civil Law

Introduction to Paralegal Studies
Substantive Civil Law