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Maine Questions & Answers
1 Answer | Asked in Uncategorized for Maine on
Q: I sold my truck to my mom. she made a payment arrangement she passed away and she still owed $3000. Do I get the truck?
James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, where a family member passes away owing money on a private agreement, the resolution can depend on several factors. First, consider any agreement or contract you had with your mother regarding the truck. If there was a written agreement, it should detail what happens if... View More

0 Answers | Asked in Family Law for Maine on
Q: State of Maine. Own a business as an S Corp since 2014. Is that considered non marital . Married 2019

He never managed or contributed to the business. I have run it completely. There were some repairs done by both of us.

1 Answer | Asked in Civil Rights and Constitutional Law for Maine on
Q: How is it that a person can walk into a police station and make a false accusation and the accused is charged..

My son's father told police I stole his wallet when he knows for a fact I didn't. I was arrested I never spoke to cop about this

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear that you're dealing with this terrible situation. It's incredibly frustrating and unjust when false accusations lead to criminal charges. Unfortunately, it is all too common for police to take an accuser at their word, especially in "he said, she said"... View More

1 Answer | Asked in Insurance Bad Faith for Maine on
Q: When my parent passed away their life insurance only paid back premiums that they had paid in, instead of full amount

They claimed it was because the policy was only recently started. Does this sound correct?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Maine attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your parent. One would need to see the policy to advise meaningfully, in particular, any provisions about waiting periods. See if you could line up a free initial consult with a law... View More

0 Answers | Asked in Personal Injury and Landlord - Tenant for Maine on
Q: At what point in the settlement process for personal injury do medical records need to be made available to the OP?

No formal response to our demand letter has been received yet, but the opposing counsel representing an insurance company has verbally hinted to our attorney that they may consider a settlement for less than a quarter of the damages their client (our landlord) caused. They want our medical records... View More

1 Answer | Asked in Personal Injury for Maine on
Q: At what point in the settlement process does one make medical records available to the OP?

The OP’s insurance company has verbally hinted that they *may* be willing to *consider* settling outside of court for a quarter of the actual damages their client is responsible for, but they want my husband and I to surrender our medical records first. Our lawyer has told us it’s our job to... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

A Maine attorney could advise best, but your question remains open for a week. Your attorney is correct. Their request is not a "fishing tactic," as you suspect. That's the way the bodily injury claims process works. They need your records to evaluate your injuries. The records are... View More

0 Answers | Asked in Employment Discrimination and Health Care Law for Maine on
Q: Fired for health issues after 4 years of employment

I've been suffering for 2 years with a medical condition and was told not to clock in one day

1 Answer | Asked in Probate and Real Estate Law for Maine on
Q: Can you pay off all estate debts at once after probate is finalized?

For reference, I live in the State of Maine. My father passed away with no will or life-insurance. There are multiple estate debts which include the mortgage, small credit card debt, as well as back child-support he owed to California. If I were to go through with probate to secure the house, would... View More

Anthony M. Avery
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answered on Feb 29, 2024

You need to consult with an attorney in the County and State where your Father died. With that many debts, probate might be a disaster and should be avoided. Then again probate may be required to marshal up certain assets. Do not file this probate yourself, hire an attorney to file this or... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Maine on
Q: Can someone become a "landlord" with actual rights to "sublease" when they have no written lease (in Maine)?

We have a roommate who rented a house via a verbal agreement with the owner a month before we moved in. She learned about the house through a mutual friend who owns a horse farm. The owner of the house also frequents said horse farm. Our mutual friend put them in touch and she rented the place so... View More

0 Answers | Asked in DUI / DWI for Maine on
Q: is there a law that person with cdl charged with DUI cannot have reduced charge to driving to endanger

ADA states that federal law prevents person with CDL first offense DUI cannot have sentence reduced to driving to endanger

0 Answers | Asked in Criminal Law for Maine on
Q: How does the State of Maine let you know if you are going to potentially be charged with a Class E misdemeanor?

I took money from and ATM at a casino 1 1/2 years ago after a day of drinking & golf. $250.00 I thought since it was left behind it was found money. Clearly I know now it is not. I have not received any notifications that I have been charged. What should I do?

0 Answers | Asked in Business Law for Maine on
Q: How do I proceed with a disagreement in a family LLC?

I am a partner with my brothers in an LLC that owns a family summer home.I disagree with their interpretation of the Operating Agreement

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maine on
Q: My father in law owns a parcel of land he inherited from his father. The man who owns the adjacent property has put up

A locked gate on the easement. My father in law has been unable to access this land for many years. He is an elderly man and this neighbor has been intimidated him. My father in law is scared of this neighbor so has not done anything about this.

My father in law wants to gift my husband... View More

Elliott R. Teel
Elliott R. Teel
answered on Feb 20, 2024

There are a couple of issues here. First is if the easement is in the deeds, and what the stated scope of it is. If there is clear language in the deed granting the right-of-way that is being blocked, then there are grounds to sue. If the right-off-way is only based on past use, that is more... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Looking for case re: a piece of property must be defined in such a way that it can be located on the face of the earth.

I seem to remember having once seen such a case but now I can't find it. If a deed is so vague that the parcel of land can't be located, and abutters cannot know where their property line is, is the deed valid? For example, "a certain right of way in a general westerly direction... View More

Fred Bopp III
Fred Bopp III
answered on Feb 15, 2024

Here is one such Maine case, which cites three other decisions:

"The description must be such as to enable a person to identify the real estate and to apply the description to the face of the earth. The description of the real estate must be certain or refer to that by which it can be...
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2 Answers | Asked in Criminal Law and Civil Rights for Maine on
Q: How long after indictment returned does a state have to prosecute of you're already incarcerated serving another county

I was serving time for a separate county, I served 16 months. Once I was released on probation for that county, I was re arrested for an indictment that was filed 12 months prior that I was never made aware of because they admittedly made a clerical error.

Hunter J Tzovarras
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answered on Feb 2, 2024

You have a right to a speedy trial on an indictment. If the State failed to prosecute the case for 12 months--due to no fault of your own--you can raise this as a speedy trial claim and request a dismissal. There are four factors the court considers in whether to dismiss a case for a speedy trial... View More

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2 Answers | Asked in Criminal Law for Maine on
Q: I'm on a deferred disposition And am not aloud to use or posses alcohol but on the marijuana box it has nothing

Will I get in trouble for smoking since it's still federally illegal I'm in a state where it's legal

Hunter J Tzovarras
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answered on Jan 18, 2024

If the deferred disposition agreement and bail bond do not prohibit using marijuana then using it will not be considered a violation of either. Possessing marijuana is still a federal crime in Maine. The Justice Department is unlikely to charge or prosecutor misdemeanor possessions of marijuana in... View More

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1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My husband passed away and medical bills are coming in. Am I responsible for paying for them? I live in Maine

Our home is paid for, vehicles also.

James L. Arrasmith
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answered on Jan 7, 2024

In Maine, whether you are responsible for your deceased husband's medical bills largely depends on various factors, including the nature of the debts, your husband's estate, and whether you were a joint account holder or co-signer on any of his debts. Generally, the estate of the deceased... View More

1 Answer | Asked in Intellectual Property and Copyright for Maine on
Q: my writing was acquired under false pretences and is now used for their personal gain. I have since obtained a copyright

I need legal help to explain my options.

James L. Arrasmith
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answered on Jan 2, 2024

If your writing was acquired under false pretenses and is now being used for personal gain by someone else, it's important to understand that you have legal options to address this infringement.

First, if you haven't already, send a formal cease and desist letter to the...
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1 Answer | Asked in Divorce, Child Custody and Child Support for Maine on
Q: My 12 year old son is staying he wants to live with his adopted father. His father is unemployed, lives currently with

His mother and is going thru a divorce. He also is so far back on child support that there is an intent to revoke his license. My son wants to live with him because we enforce rules and consequences that he doesn’t like. I have shared parental rights and responsibilities and primary residence.... View More

T. Augustus Claus
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answered on Dec 19, 2023

In Maine, child custody and support matters are typically determined based on the best interests of the child. If your 12-year-old son expresses a desire to live with his adopted father, it may influence custody arrangements, but other factors will also be considered. Your ex's current... View More

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