Mark Oakley

Mark W. Oakley is an established litigation attorney concentrating on civil litigation, personal injury, construction law, and criminal and traffic defense. He also advises business clients, negotiates and drafts contracts, and handles a variety of litigation matters at all levels of the state and federal court systems. Mr. Oakley is trained and certified in the collaborative practice of law. Mr. Oakley is a graduate of the University of Maryland School of Law (J.D. 1987), and the University of Maryland, College Park (B.A. 1984). He is a member of the Maryland State Bar Association, the District of Columbia Bar, and the Bar Association of Montgomery County. He is admitted to practice before the Court of Appeals of Maryland, the District of Columbia Court of Appeals, the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Fourth Circuit. Authored the winning brief in the case of 1986 Mercedes v. State of Maryland, a precedent-setting decision limiting the State’s power to forfeit private property.

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• Contingent Fees
  I handle personal injury claims on a contingent fee basis, meaning if there is no recovery, you do not owe me a legal fee.

District of Columbia

District of Columbia Bar

Since 1989

Maryland

Since 1988

University of Maryland - Baltimore

J.D. (1987) | Law

1984 - 1987

University of Maryland - College Park

B.A. (1984) | English

1980 - 1984

District of Columbia Bar

Member

1989 - Current

Maryland State Bar Association

Member

1988 - Current

Bar Association of Montgomery County

Member

1988 - Current

Q. What is the administrator of an Estate allowed for compensation by law?

February 3, 2025

A: Compensation for either a Personal Representative (a/k/a “executor”) and a “Special Administrator” of an estate is capped by statute, but the amount actually approved by the court is based on a “reasonable” standard. The only time there is a special administrator is when there is no acting or approved Personal

Representative because the position is being challenged or contested by more than one applicant, or there’s a vacancy due to resignation or other removal of the PR.

Both the PR and any attorney hired by the PR to manage or advise the estate have a right to “reasonable compensation,” the total combined amount of which may not exceed $1,800 of the first $20,000 value of the estate, plus 3.6% of the gross value of the estate above $20,000.

There are two ways to obtain approval for the amount of the PR/attorney compensation: (1) signed consent of the PR and all legatees under the Will or all heirs at law in an intestate estate; or (2) by written petition to the court and service of the petition on all interested persons in the estate, which is then ruled upon by the court. In the absence of objection, the petition is routinely granted.

In either case, the amount of all compensation cannot exceed the statutory cap. In most estates, if you are using a standard hourly calculation and fixed dollar amount per hour, then the amount would probably not exceed the statutory cap except in small estates with few assets.

The value of the estate is the gross value without deductions for mortgages, loans, creditors claims, administrative expenses, etc. Again, both the PR’s and the estate lawyer’s fees combined may not exceed the statutory cap. By consent, signed by all interested persons (those who will actually inherit under the estate), any amount up to the cap will be allowed without question, so you don’t need to justify the amount by detailing the time and hourly rates charged. But that requires consent from all interested persons. It the absence of consent, you need to file a petition.

What hourly rate a PR should charge as a “reasonable” rate is not defined. In many cases the job is a thankless one with a lot of hassle and work. Opinions may vary, but $50 to $150 per hour and possibly more could be justified.

It should be noted that the PR is allowed to retain litigation counsel in the event they must litigate claims involving creditors or heirs, or pursue third party claims to recover money for the estate. Those legal fees are above and beyond the statutory compensation cap because they are considered outside the ordinary activities of the PR in the administration of the estate. Therefore, fees paid to litigation counsel do not count against the statutory compensation cap. ... Read More

Q. I don't know what kind of lawyer I need to get a suicide note unsealed in Mt. Airy Maryland? Please help

January 16, 2025

A: Suicide is deemed a criminal offense; therefore, the suicide note is direct evidence in a criminal investgation. Items of evidence in police criminal files are not public records and cannot ordinarily be released, but when they can be released following the closure of the criminal proceedings or investigation, only the rightful owner is entitled to receive the evidence. As far as petitioning a court to order the note released to the family, I imagine the best person to make such a request would be the Personal Representative (also known as the executor) of the deceased person's estate. The note would have belonged to the deceased, and therefore is now an estate "asset." Only the PR of the estate has the right to take possession of the deceased's assets and then distribute those assets to the persons named in the decedent's will, or if no will, to the heirs at law. ... Read More

Q. I am the sole beneficiary, executor, and holder of healthcare and durable powers of attorney for my 98-year-old mother.

January 16, 2025

A: They should be honored in any state your mother moves to, so long as they were legally created and signed in accordance with the state of origin. That being said, I always advise my clients to make an appointment with an estate lawyer in the state where they relocate, just to be sure their documents do not need to be updated under the new state's laws, or to address any potential issues. Of course, your mother will need to be competent to sign any new documents. This is probably more relevant to any general financial power of attorney than the healthcare POA. Florida, given its large elderly population and history of dealing with elder financial abuse, has a very robust set of laws addressing agents acting under powers of attorney, so there may be some issues that require specific language or statutorily required provisions. North Carolina, for another example, requires very specific language to transfer real property under a will, and if your out-of-state will does not contain that exact language, then the real property passes to the heirs at law as if there was no will. I believe NC may be the only state with that specific peculiarity, but it is a good idea to take your documents for a review by local estate counsel just in case. ... Read More