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?
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 »
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.
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 »
I am trying to determine whether Maine has any stop and id laws
Yes, Maine does. See 17-A M.R.S. § 15-A.
P.S. This is a criminal law question, not civil litigation.
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 »
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 »
I'm not interested in donating to huge charities whose CEOs earn 6-figure salaries.
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 »
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
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 »
My wife and I live in Maine. My name is not on the deed to our home only hers. Can her family have me removed if she died?
More facts are needed to answer this question, but assuming upon your wife’s death, title to the home will pass to someone other than you, then yes, that person would typically have the right to exclusive possession of the property, which means you could be removed, assuming you do not have an... Read more »
Both familes are sharing the cost of the property. Should we put it in JT with ROS to protect all parties, or just put it in the name of my son and his wife.
The answer depends on a number of factors, including what the goals of the parties involved are. I would recommend you discuss your situation with a Maine attorney, who can provide you with guidance and advice once he or she has a better understanding of your circumstances and needs. My partner,... Read more »
Agreed.
In February 2020 I became an at-will tenant after an amicable year lease expired before I was able to find a new place. Despite my roommate moving without communicating with me: I covered the $1575 rent by myself and confirmed via text I would have another month. Heating system failed the first... Read more »
Question: If I want to sue for $4,000, do I have to produce proof of every expense accrued?
Answer: Yes.
I received a summons from a deputy probly a week and a half ago now, he said I had 20 days to file paperwork to the court with my lawyer, but I still don’t have a lawyer and there is no “date served” on my summons, the spot is left blank. I’m a simpleton and get anxious not knowing what to... Read more »
Call the County Sheriff's Office and ask them on what date they served you. Alternatively, if there is an attorney representing the other side, her or his information will be on the summons. You can call her or him and ask them on what date the Sheriff's Office served you. Finally, the... Read more »
What can I do? I have a lawyer, he hasn't petitioned the court. My Brother's lawyer keeps telling me its going to take away my part of the Estate if I pursue this.
You should talk with your attorney about your available rights and remedies under the circumstances.
Can a Maine lawyer get the proper POA paperwork or do I have to go to NYC to take care of this?
Generally, yes, a Maine lawyer can create a valid power of attorney for your use with respect to transactions that will occur in Maine. For transactions that will occur in NY, a separate power of attorney should be prepared by a NY attorney, which will be valid in NY. You should also keep in mind... Read more »
I submitted previous question regarding Living Trust question but wanted to try to clarify better.
Wondering about a Living Trust for home and property upon my death (with money from sale of property designated to non-profits and charities), with my brother as trustee, ,,,,,,,(,I did... Read more »
I believe you could accomplish your goals with the use of an appropriate trust but, as I said before, your situation is complex enough that you should consider contacting an estate-planning attorney admitted to practice in Maine to discuss it further and to learn what your available options are... Read more »
I am single, age 70, no children or partner. I have 1 brother and no close relatives but 1 nephew who I do not want to inherit from me. I own a home and property. I wanted to leave my house and property to charity but if I die before my brother I did want him to benefit from proceeds of the... Read more »
A living trust could be an important part of an overall strategy to accomplish your goals, but it sounds like you will need other instruments in place as well, because a living trust typically is only effective during the life of the grantor (you), not after death, and you say you would like to... Read more »
Have you carefully reviewed all the paperwork you received and/or signed at closing and does that paperwork fail to disclose the additional 10 years? If it was properly disclosed, then you would likely not have a viable claim.
Our landlord of 12 years just died. She never once raised our rent & we only signed a lease when we moved in. Assuming the ownership of the property (it’s a duplex) gets shifted over to her son, can he raise the rent super high or kick us out? We’ve been great tenants, we’ve caused no... Read more »
Not to answer your question with a question, but is the original lease term still in effect? If it is, then your landlord should only be able to increase the amount of rent after the lease term expires.
As far as how much could your landlord increase the rent, normally, a landlord can set... Read more »
In and had the cops come and give us 48 hours to leave or we will be arrested for trespassing is this legal
You should explain your side of the story to the police. Ask to speak to the Chief, if necessary. Typically, the police will not get involved in civil disputes.
When I first spoke with the salesman they told me to send the deposit right away to keep the price from going up. So I did send them $8,000 required by them. A few days later they sent me another statement had a $3,000 price increase. I told him I wanted to cancel and get my money back they said no... Read more »
Your available rights and remedies will depend, first and foremost, on the terms of the contract between the steel company and you. Assuming the contract provides for an agreed delivery date in May, you will need to review the contract terms to see if the terms allow the steel company to change the... Read more »
She lives in Maine, has been paying the taxes on the property and isn't sure if the deceased man has any family.
I am sorry, but I do not think your mother has any right to take ownership based on her paying the taxes on the property. If she is interested in finding out who owns the property now, then she should check the local registry of deeds records to see if the deceased man owned the property in only... Read more »
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