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Maine Questions & Answers
1 Answer | Asked in Elder Law for Maine on
Q: I’m looking to buy my mother’s house and wanted to know a few legal questions.

I’m buying my Moms house. She is 85 and wants to live with us but the home is small. She is giving me a deal on the home so that I can borrow more money, which she would receive and then gift me back the money so we could put on a second level. The question is, will Medicaid be able to take the... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Apr 25, 2019

On first blush, without knowing the details, I would advise that you and your mother delay this plan until she has consulted with an Elder Law attorney who has experience with Medicaid (known in Maine as “MaineCare”) applications. The situation you described is fraught with the potential to a)... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Real Estate Law for Maine on
Q: real estate q. / 2011 divorce & family land?

in 2011 i signed our family home to my now ex husband in divorce court. i have done no other paperwork. the house is on my family land. what are my legal rights to the land at this time.? who can i talk with and how do i move forward?

Fred Bopp III
Fred Bopp III
answered on Apr 24, 2019

My partner, Cecilia Guecia, would be happy to speak with you about this. Her number is (207) 846-6111.

Thank you and best,

Fred

2 Answers | Asked in Business Formation, Civil Litigation and Consumer Law for Maine on
Q: Do I have to give a customer back money on an overpaid check. (Private sale)

A customer in Florida sent a Cashiers check to me (I am in Maine). He sent a check for more than he meant to pay, my question is am I legally obligated to pay him back the extra money?

Fred Bopp III
Fred Bopp III
answered on Apr 14, 2019

I think the short answer is yes. It sounds to me like you and your customer reached an agreement on how much he was to pay you, thereby establishing a contract. For some reason, he overpaid you. Unless he intended the overpayment as a gift, it seems to me he is entitled to have you return the... View More

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1 Answer | Asked in Appeals / Appellate Law for Maine on
Q: What to do US District judge order! "there is in effect a stay in place with appeal." Yet, 2 parties took property!

There are no lawyers in Maine who know what to do? They took my business and the house.People say to me , " they can' t do that "? I reply " they have". MOST awful experience. So I am in first circuit and they ignore the case.18-1930. If there is an attorney out... View More

Fred Bopp III
Fred Bopp III
answered on Mar 30, 2019

I’m sorry, but I cannot understand your question as currently posed. If you are able to provide some additional facts, I will be happy to attempt to provide you with an answer.

1 Answer | Asked in Civil Litigation for Maine on
Q: Is there a Statute of Limitation for representing the opposing party by an attorand giving away confodential information

An attorney represents me in a case. Never signed off from the case. meantime he started to represent an important decision maker from the opposing party. Never asked my permission, agreement, consent, and so on.

Fred Bopp III
Fred Bopp III
answered on Mar 14, 2019

Assuming that the claim you are asking about is one for legal malpractice, the statute of limitations under Maine law is 6 years. I express no opinion as to whether you have a viable claim for legal malpractice or otherwise.

1 Answer | Asked in Real Estate Law for Maine on
Q: Can my Property represent me as Pro Se in an action for a Forcible Entry and Detainer?
Fred Bopp III
Fred Bopp III
answered on Feb 25, 2019

I'm sorry, but I don't understand what you mean by "my Property represent me as Pro Se." Could you please try asking your question another way?

1 Answer | Asked in Civil Litigation for Maine on
Q: Got evicted on a lease rent do they have to go threw the court if we dont leave

We we're evicted because the rent was late never missed a payment but was late my husband and ground keep got in a argument thats when we received the notice do they have to go to the court to get us out or can they just do it thank you

Fred Bopp III
Fred Bopp III
answered on Feb 22, 2019

The short answer is they have to go to court to get you out. When that happens (or even before it does), you may want to consider hiring a lawyer to represent you.

1 Answer | Asked in Real Estate Law for Maine on
Q: Failure to discover early issues with property ownership in 2003 Title Search cost us 2 sales and attorney’s fees to fix

I am seeking reparations for the legal fees incurred. Where do I start, who do I see?

Fred Bopp III
Fred Bopp III
answered on Feb 12, 2019

I would suggest that you collect all your important documents and other information on this and schedule an appointment to sit down with an attorney who practices in this area to determine if she or he can help you. My partner, Cecilia Guecia, practices in this area, if you are interested in... View More

1 Answer | Asked in Criminal Law for Maine on
Q: How do I subpoena a witness? How many days before trial does witness need?
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2019

You need to get a subpoena from the clerk of the court and serve it on the witness. The sheriff will serve it for a fee. There is no timeframe for serving it before trial but the sooner the better usually. Thanks

1 Answer | Asked in Real Estate Law for Maine on
Q: Blasting within 1.5 miles of home- in disclosure?

If there is a cement plant that blasts over 100 times per year (effectively twice a week) exactly 1.5 miles from a home, should that be included in a real estate disclosure?

This is a noise concern but the blasting creates large amount so of dust (I'm not sure how far that spreads).... View More

Fred Bopp III
Fred Bopp III
answered on Feb 10, 2019

A seller has a duty under Maine law to disclose "any known defects." The question is would this cover the blasting. A seller has a duty under Maine law also to disclose "the presence or prior removal of hazardous materials or elements on the residential real property . . . ."... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Moved in with family they moved we was splitting rent do I have to move or can I keep renting was no lease agreements

It was my cousins apartment she was on a month to month basis she couldn't afford her half of the bills and moved I still pay the rent can landlord make me move when I been paying the rent or do they have to evict me threw the courts

Fred Bopp III
Fred Bopp III
answered on Feb 4, 2019

I believe the answer to your question will depend largely on whether the landlord has acknowledged your tenancy by acceptance of rent or otherwise, as provided under 14 M.R.S. § 6001(1). This is a fact-dependent inquiry. If so, then you should have the rights of a tenant at will under Maine law.... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: What can I do if my landlord refuses to fix our heating issue? Some times it's only 50 degrees and for the past few days

It's been 85 and they charge us money for opening windows..we are getting no sleep and sick from this and they have been notified about it.

Fred Bopp III
Fred Bopp III
answered on Jan 29, 2019

Here is an excellent resource to help with your questions: How Much Heat and Other Basic Utilities Does My Landlord Have to Provide? https://www.ptla.org/how-much-heat-and-other-basic-utilities-does-my-landlord-have-provide# The information at this website is provided by Pine Tree Legal.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can my landlord have my vehicle towed? I still live here and have always parked out back in the driveway?

I live in Maine. My lease doesn't say anything about designated areas for parking and they don't have signs up. My car's battery needs to be replaced that is why I can't move it.

Fred Bopp III
Fred Bopp III
answered on Jan 26, 2019

I would need to see your lease to give you a more complete answer, but why does your landlord want to have your car towed? Have you asked him or her what the issue is?

1 Answer | Asked in Real Estate Law for Maine on
Q: Maine real estate contract and seller disclosure requirements.

After signing a contract with the seller, it was discovered there is a cement plant/quarry 1.5 miles from the property that conducts blasting over 100x a year. Between the noise, vibrations, effects on well water, and mercury emissions, should the seller (or R.E. agent) have disclosed the proximity... View More

Fred Bopp III
Fred Bopp III
answered on Jan 20, 2019

For a transaction of this magnitude, you really should consult with a lawyer so that you can get a more complete answer. I can tell you that, under Maine law, a seller agent has a duty to a buyer to “disclose in a timely manner to a prospective buyer all material defects pertaining to the... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Bought a property with a person. Both names on title then the other person moved out and are pushing to buy them out.

Or sell the home I just started working again and don't have money to buy them out.

Fred Bopp III
Fred Bopp III
answered on Jan 20, 2019

This is a complicated situation and I would need more facts to give you a more complete answer. If you can sell the home, and that would solve the issue, then that may well be your simplest solution.

2 Answers | Asked in Contracts and Criminal Law for Maine on
Q: I need to remove squatters from my cabin located on leased land in the unorganized territories of Maine.

How do I go about this? Our last attempt was closed without prejudice. I do not understand the legal system and cannot afford a lawyer. Can you help me?

Fred Bopp III
Fred Bopp III
answered on Jan 14, 2019

I suggest that you contact Pine Tree Legal to discuss your situation. This website has their contact information: https://www.ptla.org/contact-us

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2 Answers | Asked in Contracts, Real Estate Law and Criminal Law for Maine on
Q: Need pro bono lawyer to represent us in Lincoln, Maine for return of stolen property to get our camp & lease back

We have squatters in our camp on leased land in the unorganized territories of Maine. We have everything we need to show the camp is ours but we do not know the legal system. Can you have a warranty deed to a building that is on leased land?

Fred Bopp III
Fred Bopp III
answered on Jan 13, 2019

I am sorry, but I do not understand your question. Could you try filling in more details?

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1 Answer | Asked in Probate, Elder Law and Estate Planning for Maine on
Q: Should I contest the amount the state of Maine wants from my deceased aunts estate?

I received a letter in the mail that the state of Maine wants 89,000 from the money left after my aunt passed away.She was in a nursing home but paid a partial amount every month out of her own pocket.The state of Maine covered the rest.The letter states that I can contest this.My question is... View More

Ben F Meek III
Ben F Meek III
answered on Jan 2, 2019

It's not possible to give meaningful guidance with such little information. Are these demands from the state related to Medicaid payments for your aunt's medical care? If not, what is the demand related to? If for medical bills, you would have to compare what your aunt paid, and... View More

1 Answer | Asked in Banking for Maine on
Q: A payee was appointed to manage my finances because I was scammed. How do I get control of my finances again?

Over a period of 1 1/2 years I lost everything to scammers. Several organizations were involved and saved me from eviction and auto repossession. A payee was appointed. It has been 5 months and my bills are almost caught back up. I want to run my own life but my mental health physician says he... View More

Fred Bopp III
Fred Bopp III
answered on Jan 1, 2019

Hello,

I am not sure this is a banking question but, in any event, it would be helpful to have some additional information. Who is the payee that is handling all of your finances currently? How was that person appointed? Have you spoken to him or her about whether you can again control...
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2 Answers | Asked in Probate for Maine on
Q: If my dad died without a will, can the probate court designate me as the executor?
Fred Bopp III
Fred Bopp III
answered on Dec 6, 2018

You can petition the Probate Court to be appointed as personal representative, but if there is a contest, the Probate Code dictates whom must be given priority.

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