Lawyers, Answer Questions  & Get Points Log In
Maine Questions & Answers
1 Answer | Asked in Estate Planning for Maine on
Q: My Mother lives in Maine, in her will she is going to sell her house to a "friend" for a very reduced rate.

He is now saying every improvement he did on the house while she has been living there he wants taken off the sale price that is in the will is that legal?

Fred Bopp III
Fred Bopp III answered on Jun 28, 2021

He cannot dictate the sale price for her house in the will; your mother provides the sale price. That said, he may be able to argue successfully that he is entitled to an offset or credit for the improvements he made to her house against the sale price, but if your mother knows how much of an... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: Is it legal to Not have representation? Also is it legal to not have been read the Miranda rights?

My friend was arrested without having investigation done and potentially assaulted by the officer who arrested him while being brought into the jail. The person in question filed a complaint and nothing has been done. He does have a bit of a mouth But they never served him his Miranda rights nobody... Read more »

Hunter J Tzovarras
Hunter J Tzovarras answered on Jun 19, 2021

In a criminal case, a person charged who is facing potential jail time has the right to a lawyer if he or she is unable to afford a lawyer.

It's illegal not to provide someone arrested with Miranda rights before questioning the person arrested. If Miranda is not provided before...
Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: I own a camp on Little Sebago with my brother. He wants to sell, I don’t. We have offered him half of assessed value.

He Wants full current market value, which I can’t afford. What aren’t options.

Fred Bopp III
Fred Bopp III answered on Jun 18, 2021

Ok, so you mean he wants you to buy out his interest at full current market value. Now I get it. You can make a counteroffer. You can point out if he has to file a partition action, those costs would be deducted from the sale proceeds. Also, if you both hired a real estate agent to sell the... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My brother wants to sell a lake property we own together. What are my rights?

I want to keep the property. He wants to get the highest sale price. I can't afford to go over a specific amount. He insists we sell to get highest market value. What are m rights?

Fred Bopp III
Fred Bopp III answered on Jun 18, 2021

I am sorry, but I am confused by your question. What do you mean by "I can't afford to go over a specific amount"?

If the dispute boils down to he wants to sell the property, but you do not, as a co-owner, you can refuse to sign a listing agreement or a deed to a potential...
Read more »

1 Answer | Asked in DUI / DWI for Maine on
Q: I was subpoenaed to testify over a year ago, court was cancelled due to covid. Now it's on docket for next week

And I havent been subpoenaed again, but lawyer called and said I had to go.

Fred Bopp III
Fred Bopp III answered on Jun 18, 2021

As a general rule, since you have already been subpoenaed, the subpoena would apply to a rescheduled court date. You could always call the Clerk of Court and ask them the same question.

1 Answer | Asked in Real Estate Law for Maine on
Q: This would be a question about Maine real estate contract law.

The seller has to withdraw from the sale of his home which is under contract. The seller was moving out of state to new job offering ,but the job offer was withdrawn. can the seller cancel the contract and remove his home from the market. buyers are trying to force the sale.

Fred Bopp III
Fred Bopp III answered on Jun 10, 2021

The answer will depend on the terms of the contract. If the contract allows the seller to terminate it for these reasons, then the seller can do so. If not, the buyers have the right to enforce the terms of the contract, which may well mean they can seek to force the sale (pursuant to the remedy of... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Maine on
Q: i have a situation that above me another tenant is doing drugs and pot,and it has made me sick and my cat sick

i did call M.P.D. and they came and tried to get her to talk,she didn't answer and i could hear her above me,i tried the landlord to do something,it has made me sick and my cat,what can i do?

Fred Bopp III
Fred Bopp III answered on Jun 9, 2021

I do not know what "M.P.D." means. I would suggest you report this conduct to your local law enforcement agency and see what they can do for you. You could also report it to the town code enforcement officer or other appropriate official. Here is a link to some more information:... Read more »

1 Answer | Asked in Foreclosure for Maine on
Q: What does a non-profit road association who have liens on a property if they receive notice of a lawsuit from the bank

Federal Home Loan Mort. Corp.

Fred Bopp III
Fred Bopp III answered on Jun 3, 2021

You have not provided enough information for me to respond with a complete answer. For example, did the non-profit road association place liens on the property after the bank’s mortgage was already in place on the property? If so, then it sounds like the non-profit road association is a party in... Read more »

1 Answer | Asked in Divorce for Maine on
Q: I was divorced in August of 2000 after 24 years of marriage. I have been paying spousal support since then.

We were married and divorced in Maine.

I am now 75 years old and retired with reduced income. Will the State of Maine law allow me discontinue the spousal support payment. If so, what steps do I need to take?

Robert Guillory Esq
Robert Guillory Esq answered on Jun 1, 2021

Yes you can ask the court to lower or eliminate the spousal support ordered. You need to file a motion to amend the divorce judgment to lower or eliminate the spousal support. in order to file such a motion it is important to spell out the substantial change in circumstances from the judgment... Read more »

3 Answers | Asked in Divorce and Estate Planning for Maine on
Q: How can I protect my home and only be able to leave it to my son in my will and not his wife in case they divorce?

My son and wife are in a rocky relationship. I am leaving him my home (my spouse has died) but I don’t want his wife to get any of it if they divorce.

Nina Whitehurst
Nina Whitehurst answered on May 18, 2021

You can leave the house to him in a continuing trust with an independent trustee. There are a lot of issues to consider so you should hire an experienced estate planning attorney to help you.

View More Answers

1 Answer | Asked in Real Estate Law for Maine on
Q: In Maine, does majority rule on selling a property if 1 owner doesn't agree? There is nothing in the deed saying "yes"

We disagree on a contractor and selling and 1 of the other 3 owners has threatened to do what they want by majority rule. There is no reference made to "majority rule" in the deed. Can they just do what they want?

Fred Bopp III
Fred Bopp III answered on Apr 26, 2021

The short answer is no. An owner must sign a deed transferring his or her interest in the property to the buyer for the transfer to be effective. A co-owner cannot transfer another owner's interest. If all owners cannot agree about what to do with the property, typically, these situations are... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: A false lien was filed on property of our charity corporation. I need someone just request dismissal by the court.

A prospective buyer of our property hired an architect and did not pay him. The debt collector falsely claimed that we owe the architect and put a lien on the property. We cannot afford a lawyer and just need one to file a motion to dismiss the charity corporation from the suit against the... Read more »

Fred Bopp III
Fred Bopp III answered on Apr 21, 2021

I do not have all the necessary facts to enable me to advise you about this situation, but if you are interested in exploring these issues further with me, I would be happy to communicate with you first to make sure our firm does not have a conflict of interest. Please feel free to contact me via... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My husband has a mortgage on our house and his mother had to be a co borrower. She has since abandoned the house

She stopped paying her part of the mortgage and refuses to contact us or come get her belongings because “her names on the house it doesnt matter”. The property deed is ONLY in my husbands name so she has no ownership of the lands. Can we legally evict her and her belongings?

Fred Bopp III
Fred Bopp III answered on Apr 7, 2021

As far as evicting her goes, bringing an eviction action (also known as a FED action) should only be necessary if she was either a tenant holding under a written lease or a tenant at will. It sounds like she voluntarily left the home and has no intention of returning.

As far as her...
Read more »

1 Answer | Asked in Car Accidents for Maine on
Q: Should I send title to my motorcycle to opposing insurance company before they made me an offer? They say I have to.

I was in a motorcycle collision. The other party took full responsibility . Now his insurance company wants me to send them the title to my motorcycle without having made me an offer. Should I do this? It doesn't seem right. Is this regular, legal procedure?

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 5, 2021

Send them a copy of your title in case they want verification that the motorcycle is in your name and whether or not a lien is against it. Once you have a resolution, then forward the actual title, if they want it. If the insurance company is being difficult and/or if you have physical injuries,... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: My neighbor just cleared his land of all trees right up to my property line. Clear cut! Can he do that? No trees left!

His property was a forest and every tree is gone right up to my property line. Isn’t there a buffer of some sort? I thought it was 15 ft? I was surrounded by woods and now I see his yard and house with no trees at all.

Fred Bopp III
Fred Bopp III answered on Apr 4, 2021

Check with your Town Office to see if there are any state or municipal land use regulations concerning clearing trees and other vegetation that might apply to your neighbor’s property. For example, there are regulations concerning clearing trees and other vegetation in the shoreland zone, which... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Maine on
Q: Who should I contact about finding a safety pin inside a piece of dove chocolate and is this a case for a lawyer ?

I contacted the company and was pretty much blown off my kid or any child could have swelled it and caused damage fortunately it was myself getting it in my mouth company Mars said we have metal detectors in plants so this doesn’t happen but for sure was in the piece my girlfriend was there when... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 2, 2021

A Maine attorney could advise best, but your question remains open for a week. You could contact an attorney who handles injury cases. It sounds like no one was injured, and I am happy for you there. But if there was grounds for a case, it would be based on actual damages, not damages that might... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: Maine stop and identify laws?

I am trying to determine whether Maine has any stop and id laws

Fred Bopp III
Fred Bopp III answered on Feb 28, 2021

Yes, Maine does. See 17-A M.R.S. § 15-A.

P.S. This is a criminal law question, not civil litigation.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can my landlord kick me out for filing a complaint regarding my family’s safety?

We filed a complaint that snowmobiles being started in the garage below us were causing gas fumes in our home. I have a pregnant wife and three small children home all day having to breathe it. Our land lord says they should be able to use their garage how they please without worrying about gas... Read more »

Fred Bopp III
Fred Bopp III answered on Feb 28, 2021

The question is whether the landlord's use of the garage "renders the dwelling unit unfit for human habitation." If so, "then a tenant may file a complaint against the landlord in the District Court or Superior Court. The complaint shall state that:

A. A condition,...
Read more »

2 Answers | Asked in Estate Planning for Maine on
Q: I have no heirs and would like ideas as to how I might plan for my house and property and savings once I am gone.

I'm not interested in donating to huge charities whose CEOs earn 6-figure salaries.

Fred Bopp III
Fred Bopp III answered on Feb 23, 2021

This is a pretty open-ended question, the answer to which will depend on, among other things, your priorities, values, and goals. I would suggest you start a conversation with someone who can help you achieve what you want to accomplish. That person could be a financial adviser or an attorney who... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Maine on
Q: My dad passed away two years ago and my stepmom passed a year ago,my step brother has taken over the house ,

We know of nothing will wise and he has taken over everything do I have any right to the house,as of this year the house is still in my dad's name even at the town,his name hasn't been removed from the tax title and no other name is on it

Fred Bopp III
Fred Bopp III answered on Feb 22, 2021

More facts are needed to answer this question, but assuming upon your dad’s death, title to the house passed to your stepmom and, upon your stepmom’s death, title to the house passed to your stepbrother, then you would need to have an enforceable agreement or right with respect to the house... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.