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Maine Questions & Answers
2 Answers | Asked in Real Estate Law for Maine on
Q: Can someone file a lawsuit regarding a property they don’t own?
Anthony M. Avery
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answered on Feb 3, 2021

Yes, it happens constantly. Boundary Line Disputes and Easement Suits necessarily involve others' land. The defendant in Ejectment Suits may dispute title. Many other causes of actions are filed dealing with land titled to someone else other than the plaintiff.

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1 Answer | Asked in Nursing Home Abuse for Maine on
Q: If abuse and negligence contributed to death in a nursing home, how many years does one have to go back and sue?

I know each state is different, I am asking for the state of Maine and wondered what the statute of limitations is for that state.

Michael Brevda
Michael Brevda
answered on Feb 2, 2021

Most states have a 2 to 4 year statute of limitations on nursing home negligence claims. I am not licensed in Maine, so I could not tell you that state's time period to bring a nursing home abuse claim. However, delay is never a good idea if you believe you have a case. Call a local nursing... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can an at-will tenant who payed rent in full sue for constructive eviction if heat was lost and not fixed for a month?

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... View More

Fred Bopp III
Fred Bopp III
answered on Jan 31, 2021

Question: If I want to sue for $4,000, do I have to produce proof of every expense accrued?

Answer: Yes.

2 Answers | Asked in Criminal Law for Maine on
Q: At my second arraignment, can I ask for a court appointed lawyer if I was not offered one at the first arraignment?

I wasn't offered a lawyer because I don't face any jail time, but I would like to speak with one to discuss details about my case that may get it dropped.

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2021

The right to have a court-appointed lawyer only applies if you are facing jail time. You could hire a lawyer but the court won't appoint a lawyer in a case you don't face the risk of jail. There may be certain exceptions, such as if there are immigration consequences if you were... View More

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1 Answer | Asked in DUI / DWI for Maine on
Q: I have two pending misdemeanors in Wyoming from 2014. DWI where I blew a .075 and a speeding ticket, how do I proceed?
Anthony M. Avery
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answered on Feb 5, 2021

Hire a competent attorney in WY to represent you. He will obtain the charging instruments and look for an upcoming hearing date where other crimes are on the Docket. You are basically turning yourself in, while your attorney arranges the best plea he can get for you, which is hopefully that day... View More

1 Answer | Asked in Employment Law for Maine on
Q: I had emergency surgery in July and I have been collecting unemployment. Dr says need to file disability. Payback?

I had emergency surgery in July. Was drawing unemployment. Still am. Been looking for a job. Can't find one because I can't lift, can't stand on my feet for long periods etc. Am I going to have to pay unemployment back? My dr said that I need to file for disability. How can I file... View More

Maurice Mandel II
Maurice Mandel II
answered on Jan 26, 2021

The benefits are often administered by the same office, they just come from different funds. You should consult the UI office and see what they say about transferring the claim to a disability claim. Look online first, to see if there is info posted on the web. You are not the first person with... View More

1 Answer | Asked in Civil Litigation for Maine on
Q: What do you do when the officer forgets to put a “date served” on your summons?

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... View More

Fred Bopp III
Fred Bopp III
answered on Jan 20, 2021

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... View More

1 Answer | Asked in Family Law for Maine on
Q: Can my ex husband stop me from having our kids around my boyfriend?

My boyfriend lives with me and my ex is demanding he leave while I have the kids, or else he won’t give them to me. Can he do this? The kids love my boyfriend and he is so amazing to them.

Robert Guillory
Robert Guillory
answered on Jan 19, 2021

Your ex cannot do this unless the court order you have (if you have one) says he can. You should keep seeing your children and if your ex chooses to deny your visitation you need to file a motion with the court for contempt or to enforce. ultimately it is up to a judge to decide whether or not your... View More

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My brothers and siblings took everything jewlery,trains,etc that was of value without reporting it to the probate court.

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.

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

You should talk with your attorney about your available rights and remedies under the circumstances.

1 Answer | Asked in Estate Planning for Maine on
Q: How can I be granted Power of Attorney by my mother who lives in a different state? I live in Maine and she is in NYC.

Can a Maine lawyer get the proper POA paperwork or do I have to go to NYC to take care of this?

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

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... View More

2 Answers | Asked in Estate Planning for Maine on
Q: Living Trust to protect house and property.

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... View More

Nina Whitehurst
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answered on Jan 1, 2021

A properly drafted trust will cover the possibility of your brother predeceasing you. You should raise this issue with the attorney that is drafting this trust for you. If you don’t have an attorney drafting this trust for you, then you should because, as it should be evident to you, you do not... View More

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3 Answers | Asked in Estate Planning for Maine on
Q: Is a Living Trust good for me.

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... View More

Steven Basche
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Steven Basche
answered on Dec 29, 2020

A living trust would be a good option. For one thing, a trust is a private document, and is generally harder to challenge than a will. By avoiding probate with a trust, you make it more difficult for your nephew challenge your plan or have money go to him through your brother. Your brother could... View More

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1 Answer | Asked in Real Estate Law and Legal Malpractice for Maine on
Q: In 2008 /09 I did loan modification, they never told me I was doing a new loan adding 10 more years ....
Fred Bopp III
Fred Bopp III
answered on Dec 27, 2020

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.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can our deceased landlord’s son take control of the property and astronomically raise our rent?

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... View More

Fred Bopp III
Fred Bopp III
answered on Dec 22, 2020

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...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: My mother had a verbal agreement to rent to own a house but now the owner saying that they didn't know we were moving

In and had the cops come and give us 48 hours to leave or we will be arrested for trespassing is this legal

Fred Bopp III
Fred Bopp III
answered on Dec 16, 2020

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.

1 Answer | Asked in Contracts for Maine on
Q: Good evening my name is Gil I am purchasing a steel building from a steel company in Littleton Colorado.

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... View More

Fred Bopp III
Fred Bopp III
answered on Dec 16, 2020

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... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: Can someone who does not have right of way force you to remove a gate on your driveway. Their land is on other side.

Hello. We have just installed a gate on the road leading to our home. We own the land. Neighbors must use a portion of our road to reach their driveway which we gave ample room for with the install. Their right of way ends at their driveway. They were told about our gate install. The location was... View More

Fred Bopp III
Fred Bopp III
answered on Nov 27, 2020

I am sorry, but I am having a hard time picturing where everything is located based on your description. Also, you say “[t]heir right of way ends at their driveway.” But you also say they are demanding you “remove the post on their side.” You also ask if you are “legally forced to remove... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Maine on
Q: My mother has been taking care of some rental property for a man who is now deceased. What can she do to take ownership?

She lives in Maine, has been paying the taxes on the property and isn't sure if the deceased man has any family.

Fred Bopp III
Fred Bopp III
answered on Nov 27, 2020

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... View More

1 Answer | Asked in Estate Planning for Maine on
Q: In the state of Maine does a paramour have any legal right to remain in the residence after the boyfriend dies.

The 96 y/o lives in property he once owned but it has been his daughters for the past seven years. He has no interest in the real property not even a life estate. He has a live in gf and he drafted a will giving her everything. Can she stay In the residence for any amount of time ?? I know the... View More

Fred Bopp III
Fred Bopp III
answered on Nov 15, 2020

To start to analyze your question, I would need to know on what basis the 96 y/o is currently occupying the property. For example, is it pursuant to a lease with his daughter/the property owner? If there is a lease, the likely answer is its terms will govern.

1 Answer | Asked in Family Law and Civil Rights for Maine on
Q: If I request for a lawyer in family court in Maine, can a judge tell me " You're not getting one"?
Joe Lewis
Joe Lewis
answered on Nov 5, 2020

Hi there.

If it is truly a family court case (district court, FM docket number, title 19-A) then the judge is telling you a truth, however rudely he or she said it. There is no provision under Maine law for a party to get a free or court-appointed lawyer.

If you are needing help...
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