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Author Archives: Jay Butchko

RealEstate

Can One Adversely Possess Riparian Rights?

By Henault & Sysko Chartered |

The concept of adverse possession is one based in common law, which means it dates back to medieval England. It allows someone who is technically a trespasser on land to acquire legal title to it if they have been occupying it and maintaining it for a period of time (in Maryland, 20 years). Adverse… Read More »

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Litigation2

Do I Have Any Recourse After Being Found “Unsuitable?”

By Henault & Sysko Chartered |

In order to obtain certain government positions, a person must apply for and be granted a security clearance. This is a process that can be long and involved; given the high stakes of granting a clearance, the relevant agency has to be certain that the person’s appointment would not damage the workings or the… Read More »

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REAgents

When Is A Trustee Deed Not A Trustee Deed?

By Henault & Sysko Chartered |

Much of the time, documents related to real property are required to be exact and specific, satisfying listed criteria in order to qualify as a deed, or a mortgage, or another type of document. However, the intention of the parties can sometimes make all the difference, particularly if a reasonable person could draw another… Read More »

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EPlan1

Make Sure You Nominate The Right Trustee

By Henault & Sysko Chartered |

A trust is one of the most common estate planning tools used in the U.S. today, partly due to its adaptability to any number of situations. A trust may be revocable or not, inter vivos (“living”) or not, and it may be aimed at specific beneficiaries. However, a trust, no matter how well executed,… Read More »

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Defense5

How Far Does A Court’s Discretion Stretch?

By Henault & Sysko Chartered |

In many states, including Maryland, a court sentencing a defendant has very broad discretion. However, that discretion is not limitless, and it is subject to review and modification if changes happen, either in an individual case or in state or federal law. The Court of Special Appeals recently handled a case dealing with a… Read More »

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PoliceArrest2

What Happens When The Police “Only Pretend To Honor” Your Right To Remain Silent?

By Henault & Sysko Chartered |

One of the bedrock principles of criminal law is that a suspect always has the right to remain silent when questioned by law enforcement. Indeed, if the police start to interrogate you and you invoke your right to silence, the questioning must stop immediately. Of course, police often look for ways to get around… Read More »

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Courtroom

Can Legal Conduct Still Constitute A Crime?

By Henault & Sysko Chartered |

In most situations, a person commits a crime when they engage in conduct that is unlawful. However, there are some situations where behavior that would otherwise be perfectly legal can constitute a crime, because the person acting in that manner intends to do so for an illegal or otherwise malevolent reason. An opinion out… Read More »

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EstPlan20

Can Someone Tortiously Interfere With A Maryland Inheritance?

By Henault & Sysko Chartered |

When someone passes away, and they leave a will, it will normally be submitted to the Orphans’ Court (the probate court in the state of Maryland) and then admitted to probate once its authenticity and validity has been established. The law does allow any of the decedent’s heirs or ‘legatees’ to file what is… Read More »

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RE2

Do Certain Real Estate Liens Take Precedence Over Others’ Claims To The Property?

By Henault & Sysko Chartered |

Normally, the process of selling off real property is one that takes not days, but weeks or even months, depending on how many issues arise. This can be a surprise to some people, but sometimes, speed is of the essence, especially if they are trying to sell their property in order to pay off… Read More »

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Legal6

Can My Family Ties In Foreign Countries Be Used Against Me When Applying For A Security Clearance?

By Henault & Sysko Chartered |

Most of the time, when a person is applying for a job, they are doing so on their own merits, with only their record and their achievements to speak for them. However, when a person is applying for a security clearance, much more than their own record is scrutinized – everything from past friends… Read More »

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