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Maine Questions & Answers
1 Answer | Asked in Real Estate Law for Maine on
Q: Should the name of a recently deceased person be removed from a deed even with proper wills on place?
Fred Bopp III
Fred Bopp III
answered on Apr 22, 2020

The short answer is yes, but how you do it really depends on all the facts and circumstances. My partner, Cecilia Guecia, can likely help you with this if you are looking to consult with a lawyer. Her number is 846-6111.

1 Answer | Asked in Probate for Maine on
Q: When dhhs Adult protective services in maine they never closed the case after 30 days never called us or stepped in
Daniel J. Eccher
Daniel J. Eccher
answered on Apr 21, 2020

The Adult Protective Services agency only gets involved in certain cases that meet a strict statutory framework. It is difficult to know, without more facts, whether the agency did anything wrong in this case. If you believe more should be done, you could try to get law enforcement involved; you... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: How can a seller get out of a real estate contract? just signed yesterday
Fred Bopp III
Fred Bopp III
answered on Apr 17, 2020

You should review the terms of the contract to see if it addresses this issue.

1 Answer | Asked in Child Custody and Family Law for Maine on
Q: My daughter is 16 and has a guardian, but she wants to move back to illinois with her bio family. Does she need consent?

She lives in Maine with my ex mother in law. Shes lived with her for 11 years, but has no biological relation. All of my daughters family is in Illinois and she wants to be with them. Her guardian will not let her move back or even visit. What can she do? Does she have any rights or say in where... View More

Robert Guillory
Robert Guillory
answered on Apr 16, 2020

your question raises several questions. When you say move back with bio family what does that mean? Her parents or a parent? When you say she has a guardian was this done in probate court in Maine? if so then a parent or some other family member could file a petition to terminate the guardianship.... View More

1 Answer | Asked in Real Estate Law and Small Claims for Maine on
Q: I have a question about the sale of a “park model trailer.

Negative

Fred Bopp III
Fred Bopp III
answered on Apr 13, 2020

I think the answer here will likely boil down to the language of the sales agreement. How does it define the property that was sold? Does it say anything about whether the propane in the tank was included? If there is no applicable language, you would probably turn to the typical course of... View More

1 Answer | Asked in Probate for Maine on
Q: can A daughter of a ex husband who died 18 years ago get property of my mother deceased where she will’d everythingtome?

My mother’s ex husband died 18 years ago, her ex husbands daughter did not have a life with my mother

Daniel J. Eccher
Daniel J. Eccher
answered on Apr 13, 2020

No. Your ex-stepsister would not have any claim to your mother's estate unless your mother had, at some point, left anything to her under a will. In this situation, where she "willed everything" to you, your ex-stepsister's only claim could be under a different or prior will,... View More

1 Answer | Asked in Tax Law for Maine on
Q: I was paid under the table for seven months when I was 16-17yo and didn’t know I had to file taxes. what can I do?

When I was 16 my mother passed away and I took work on a local farm (Maine). They paid me under the table for 7 months and I made less than 4000$. I didn’t know until this morning I had to report this and file taxes. I’m scared I broke the law here and need help. I want to work in law... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 10, 2020

Really? Let me get this straight: Just after you learned that the federal government was getting ready to send out $1,200 checks to everyone who filed their 2018 tax return and paid their taxes you suddenly felt a need to "come clean" about not reporting some $4,000 that you admittedly... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Property left behind on a closing in Maine.

Okay so I'm closing on a home in less then a week, seller has not removed items from the property yet that are not under the contract of sale and I'm not sure if he's planning to. Now with that being said these items I would not mind keeping, it he doesn't remove them and we... View More

Fred Bopp III
Fred Bopp III
answered on Apr 9, 2020

Since you state that the items are not included under the contract of sale, you are not buying them as part of the sale. If he doesn’t remove them and you close, they are not yours; he can come back down the road and want/retrieve them after the sale. There are other laws that would possibly... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Someone owns the trailer but not the land I need help

We want chickens but the one who owns the trailer said no the one who owns the land says yes who do I listen to?

Fred Bopp III
Fred Bopp III
answered on Apr 3, 2020

Can you kindly explain what you mean by "we want chickens," what you would use the chickens for, where they would be located, and what is the relationship between and among you, "the one who owns the trailer," and "the one who owns the land"? Without this additional... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: I have a second home in Maine and a neighbor wants to buy it; do we have to list it in the MLS if we agree?

We would like to sell our home privately to an interested neighbor for the price they offered. We know we need a closing attorney, but do we need to list in the MLS?

Fred Bopp III
Fred Bopp III
answered on Mar 31, 2020

No; you do not need to list on MLS. A private sale is perfectly fine. Listing on MLS will expose your home to a broad pool of potential buyers, which may or may not result in a higher selling price, but it is not mandatory. Good luck!

1 Answer | Asked in Tax Law for Maine on
Q: Does a Roth IRA conversion affect eligibility for Health care premium tax credit?

My spouse was not working in 2019, so we needed a premium tax credit to pay for health care coverage. I also converted an IRA to a Roth IRA (apx value: $80k). I understood I would have to pay taxes on this amount, but I did not expect this type of income would be counted towards my ability to pay... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 24, 2020

It's income.

Probably would have been a good idea to hire a professional to advise you before you made a big decision.

Nothing to be done at this point, you can't just put it back.

Call your representatives and tell them to change title 26 of the US code....
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1 Answer | Asked in Real Estate Law for Maine on
Q: I closed on a house in Hartford Me. It required flood insurance This was set up and money given for escrow

They then asked for more money after closing can they do this? Kate

Fred Bopp III
Fred Bopp III
answered on Mar 11, 2020

Not to answer your question with a question (or two), but what needed to be paid such that they asked you for more money after closing and who is "they"?

3 Answers | Asked in Real Estate Law and Probate for Maine on
Q: what type of deed do i have ???

My wife and I built a house in the state of Maine . She died,no will. The deed has her name and mine on it. We did not put jt or tic on the deed. In Maine if your spouse dies, the deed would go to me as survivor. But the county told me I can not put it in my name because it does not say joint... View More

Fred Bopp III
Fred Bopp III
answered on Mar 8, 2020

From the facts as you state them, the deed created a tenancy in common between you and your wife, because that is the default rule in Maine unless the deed states otherwise. What this means is, when she died, her property share passed to her heirs rather than to you as the surviving tenant, so you... View More

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1 Answer | Asked in Civil Litigation for Maine on
Q: I invested money with my uncle now he will not give me my money what can I legally do?

My mother passed away and left her life insurance to my uncle to distribute to us kids. The money was distributed to each kid and he then asked if I would like to invest with him in an account since he can get a higher rate of return and I agreed to invest. He will now not give me the money because... View More

Fred Bopp III
Fred Bopp III
answered on Feb 29, 2020

The answer depends on what your agreement was with your uncle when you agreed to invest with him. If you have the right to request your money back at any time, then you can likely sue him in an effort to force him to give it back to you.

1 Answer | Asked in Real Estate Law for Maine on
Q: Without my consent or knowledge someone built a complete house on my property in Belfast, MA. Who owns it now ?

Purchased 10 acres of land 17 years ago for a future retirement home I plan to build in 4 years. I live in PA currently. I've been paying taxes on the land for 17 years. Someone built an entire home on my property just feet from the property line.

Once the builder and hopeful homeowner... View More

Fred Bopp III
Fred Bopp III
answered on Feb 29, 2020

The folks who built the home own the home, but they are trespassing on your property, so you would have the ability to bring a lawsuit seeking to compel them to move the home off your property and restore your property to the condition it was in prior to them building the home. Another possible... View More

2 Answers | Asked in Estate Planning for Maine on
Q: What is the age requirement for a person to be counselled by an elder care lawyer?
Daniel J. Eccher
Daniel J. Eccher
answered on Feb 10, 2020

There is no age requirement; "elder law" or "elder care law" encompasses disability law as well.

Elder care lawyers usually attract clients over 60, but many of the issues they handle (e.g., how to plan for long-term care, how to protect public benefits for someone who...
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1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Maine on
Q: Is my girlfriend allowed to gain the title to her trailer after a profit loss write off on the mortgage?

My girlfriend and her mother both had their names on a mortgage for her trailer. It was paid on decently from 2015 to the end of 2018 when her mother passed away. Afterwards we spent a couple months trying to contact the company we paid mortgage to, which in turn caused us to talk to the owner. We... View More

Fred Bopp III
Fred Bopp III
answered on Feb 9, 2020

I am sorry, but I would need more information in order to analyze this situation properly. For starters, who is the owner you reference above? Is this person the owner of the trailer? If not, who is the owner of the trailer? Also, who is the holder of the mortgage? Finally, why do you say you... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Maine on
Q: I'm looking for a lawyer to appear in court for me tomorrow at 830 in machias maine for an oui. Any suggestions?
William T. Bly
William T. Bly
answered on Feb 3, 2020

Asking someone to appear for you and looking for suggestions sounds like you're shooting in the dark. And this is a last minute "ask". My suggestion is that you make serious inquiries about retaining the best attorney that you can, and if that person can appear for you, that's... View More

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1 Answer | Asked in Real Estate Law for Maine on
Q: If i can get a fax # I could send it for review. I live in California so its 3 hrs different.
Fred Bopp III
Fred Bopp III
answered on Jan 30, 2020

My fax # is (413) 702-3124. My email is fbopp@boppguecia.com. Please email me so I have your email address. We will need to run a conflict check, which I can explain further via email. Thank you.

1 Answer | Asked in Real Estate Law for Maine on
Q: We purchased a house in maine and want to close by April 30th 2020. Sellers are trying to stop us

We were to close in April 2020 but seller wants to wait till June and plus wants $3000.00 to prove we want it.

Fred Bopp III
Fred Bopp III
answered on Jan 29, 2020

If you have a purchase and sale agreement, reviewing that will be a good place to start in looking for an answer. I would be happy to review it and advise you.

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