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Maine Questions & Answers
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 The seller was moving out of state to new job offering ,but the job offer was withdrawn.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... View 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:... View 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... View 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
Robert Guillory
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... View 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
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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.

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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... View 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... View 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... View 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,... View 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... View 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...
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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... View 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... View More

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... View 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,...
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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.

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... View More

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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... View More

1 Answer | Asked in Elder Law and Estate Planning for Maine on
Q: 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 die

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?

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

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... View More

1 Answer | Asked in Family Law for Maine on
Q: Can children testify in a custody hearing in state of Maine?
Robert Guillory
Robert Guillory
answered on Feb 8, 2021

yes they can but judges dont like to have them testify, if they will testify often the judge will ask the parents if the kids can talk to the judge without the parents present, it takes both parties to agree to that otherwise the kids get on the witness stand and both parties hear what they have to... View More

1 Answer | Asked in Child Custody for Maine on
Q: How do I prove the other parent's home is unfit for our children? The judge is taking his word about problems being fixe

We have been trying to co-parent for three years and in that time the condition of his home has been unfit for the children. I have informed him several times to fix issues for the children and he tells me they are but they are not fixed. Told him if not fixed we would go to court. Here we are and... View More

Robert Guillory
Robert Guillory
answered on Feb 8, 2021

What you really need here is for the court to appoint a guardian ad litem who can go visit both homes and speak with the kids and report back to the court. These usually cost money but sometimes the court can find someone to do it for nothing if you both cannot afford one. it is pretty impossible... View More

1 Answer | Asked in Child Custody for Maine on
Q: During covid times, going through a custody hearing, how do I speak for myself, bring a witness or present documents?

Other parent has been around there whole life but his living conditions are why we are in court after warning him several times to improve them or we're going to court. But I am the bad parent for keeping them from him for 3 months until we went to court? Their 8 and 9.

Robert Guillory
Robert Guillory
answered on Feb 6, 2021

in most Maine courts during covid hearings are conducted via the zoom video conferencing platform. Preliminary motions and conferences are being done by telephone conferences. At some point your case will have a pretrial conference and you will tell the judge or magistrate how many witnesses you... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: We’re buying a Maine home with inlaw unit with our only child and his wife, no mortgage.

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.

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

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,... View More

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