Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Maine Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maine on
Q: Does receiving mail at an address in Maine make me a tenant?

In Maine, if I only receive mail at a particular address, does that make me a tenant, and what documents are necessary to prove residency at that address?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Receiving mail at an address in Maine does not automatically make you a tenant. Tenancy typically involves a formal agreement between the property owner and the individual, usually through a written or verbal lease, where the tenant agrees to pay rent in exchange for living there. If there is no... View More

1 Answer | Asked in Divorce, Animal / Dog Law and Family Law for Maine on
Q: Do I have rights to a shared pet after divorce if my ex obtained an ESA?

I'm currently going through a divorce with my ex-husband, who has obtained an ESA designation for our family dog after our separation. He is withholding the dog from me, despite us sharing its care during our marriage. There are no legal agreements or court proceedings addressing the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

In a divorce, pets are typically treated as property, meaning they are divided like other assets unless there is a specific agreement in place. The fact that your ex obtained an ESA designation for the dog may complicate things slightly, as this designation may grant him certain rights to the dog... View More

1 Answer | Asked in Criminal Law for Maine on
Q: Can I keep a no trespassing order after dropping criminal mischief charge?

I wish to drop a criminal mischief charge against a woman who kicked and threw rocks at my door to avoid going to court, as she has requested a jury trial. However, I want to ensure that the written no trespassing order, issued by a police officer, remains in effect. Is it possible to keep the no... View More

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2025

A no trespass order is separate from a criminal charge in court. It would remain in effect even if the criminal charge is dismissed. Typically, a no trespass order is effective for one year. You should contact the DA's office about your concerns with the trial and proceeding on the criminal case.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Maine on
Q: Is completing DEEP, IOP, and sessions enough for OUI license reinstatement in Maine?

I was charged with an OUI and have completed all the necessary programs, including DEEP in August 2023, IOP in May 2024, and 14 one-hour sessions from June to September 2024. I also completed the required 150-day suspension period and paid the fine last year. With these conditions met, is this... View More

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2025

In order to be reinstated, you need serve the suspension period, complete DEEP and any recommended counseling, and pay a $50 reinstatement fee to the BMV. It sounds like you have completed everything and need to pay the reinstatement fee. You can pay the reinstatement fee online at:... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Maine on
Q: Do I pay taxes on selling LLC share for less than invested?

I sold my share in a multi-member LLC business in Maine, which I started with an investment of $7,500. I sold my part for less than $5,000, and I owned the business for less than 2 years. I didn't receive any other compensation or benefits, and there were no outstanding debts or liabilities... View More

Elliott R. Teel
Elliott R. Teel
answered on Mar 2, 2025

You should discuss this with an accountant because there may be other information needed to answer. But it sounds like you would want to include it as a loss on your tax return.

1 Answer | Asked in Business Law, Consumer Law, Civil Litigation and Intellectual Property for Maine on
Q: Issues with solar installation and alleged forgery, seeking resolution.

I had a solar company perform a site survey, design, and installation, plus an electrical post-inspection. Two months later, I noticed my dining room ceiling is caving and will likely continue, as they installed the system above an almost flat roof. I discovered my signature was forged in DocuSign... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2025

You're facing a serious issue with both property damage and potential fraud. Document forgery is a criminal offense, and you should consider filing a police report about the forged signatures, as well as reporting this to your state's consumer protection agency and contractor licensing... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for Maine on
Q: What filings are needed to sell my LLC interest in Maine and remove my name from ownership?

I am selling my part of a multi-member LLC to another person in Maine. We have drafted a buy-sell agreement for the transaction, but it has not been reviewed by an attorney. All members of the LLC have agreed to the sale. Since this is my first time handling such a transaction, I would like to know... View More

Elliott R. Teel
Elliott R. Teel
answered on Feb 23, 2025

The paperwork for change in the membership in the LLC is kept with the LLC, and not filed with the state. The LLC will need to file an Annual Report with the Maine Secretary of State by June, and that should reflect the change in the membership.

As part of the buyout, you will sign a...
View More

1 Answer | Asked in Immigration Law for Maine on
Q: Can firearm charge affect my visit to U.S. as Canadian with weapons ban?

As a Canadian citizen, I was charged with careless storage of a firearm and careless storage of ammunition in my own home, where there were no children. I left a trigger lock off a firearm when Canadian laws require multiple locks and separation between firearms and ammunition. Although everything... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2025

This is a complex situation that could potentially impact your ability to enter the United States, as firearms offenses are taken very seriously at the border, even if resolved without a conviction.

Your specific circumstances - the discharge of the firearm charge and the administrative...
View More

1 Answer | Asked in Small Claims and Animal / Dog Law for Maine on
Q: Can I claim ordinary negligence and negligent misrepresentation against a vet in Maine instead of professional negligence? How similar cases handled in Maine small claims?

I filed a small claims case against a veterinarian for negligence related to the misdiagnosis and improper treatment of my dog, which contributed to his suffering and eventual passing. The defendant has filed a motion to dismiss, citing the Maine Health Security Act (MHSA), arguing that my claim... View More

Fred Bopp III
Fred Bopp III
answered on Feb 14, 2025

A claim of negligence is a malpractice claim.

1 Answer | Asked in Criminal Law and Domestic Violence for Maine on
Q: Is it normal for a defendant to not be present/involved at their disposition conference

I went to my Disposition conf. (for D.V. Charge) and was not personally involved in any negotiations.

Not only did my lawyer not contact me prior to my date.. I had to text him to find out where he was once I was there. Once we had met up in a conf room.. I was told to "hang on"... View More

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2025

Dispositional conference are held in chambers between the State's attorney and defense counsel. The defendant is not present for the conference in chambers. The defendant is required to appear in court and be available to discuss any offer with counsel. If any agreement is reached between the... View More

1 Answer | Asked in Tax Law for Maine on
Q: Can the federal tax rebate for solar installations be rescinded for 2025?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2025

The federal tax rebate for solar installations, known as the Investment Tax Credit (ITC), is currently set through legislation. Changes to it would require an act of Congress, meaning lawmakers would need to vote on a repeal, reduction, or extension. As of now, the ITC is scheduled to remain in... View More

1 Answer | Asked in Personal Injury for Maine on
Q: Can I sue in small claims the property management owners of negligence (unmaintained wet/icy walkway)?

Considered zone of employment after work so worker’s compensation is covering medical only and not 2 days lost wages, property damage and pain and suffering

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2025

A Maine attorney could advise best, but your question remains open for a month. Not normally on a W.C. matter - small claims are not set up for that - they usually have their guidelines for cases that are straightforward and limited damages. W.C. has its own adjudication systems/panels. Most small... View More

2 Answers | Asked in Tax Law and Child Custody for Maine on
Q: Can I claim my son on my taxes his mother couldnt, even if in our court order it says she gets to claim him?

During the custody agreement with my sons mother and I, we agreed to let her claim him on his taxes each year. This year she did not earn enough to get the child tax credit. Am I able to claim him without legal repercussion from the state or his mother?

Phillip Todd Zagotti
Phillip Todd Zagotti
answered on Feb 2, 2025

Hello,

According to the custody agreement, your son's mother has the right to claim the child on her tax return. This agreement doesn't change even if she doesn't qualify for the child tax credit. So, you can't claim the child on your return without her agreement....
View More

View More Answers

1 Answer | Asked in Criminal Law for Maine on
Q: On probation I was stopped for no reason driving someone else’s vehicle with a clean record, did he have right to stop?
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2025

The Fourth Amendment requires that law enforcement need a reasonable and articulable suspicion a crime, traffic violation, or public safety concern exists in order to stop a vehicle. So typically the police cannot stop a vehicle for no reason.

Fourth Amendment rights can be lessened if a...
View More

1 Answer | Asked in Medical Malpractice for Maine on
Q: i had surgery to fix a fractured wrist and now have to have it again

the bone was not set correctly with the plate and screws and the plate sticks up which constantly aggravates the tendons

now having surgery and paying another years deductibles and bills for another specialist to operate to remove the plate & screws and if that does not take the problem... View More

Mark Randall
Mark Randall
answered on Jan 3, 2025

Whether the first surgeon did something wrong - did not follow standards of care in setting the wrist with hardware - must be stated by another surgeon. In Maine if the surgeon did not follow proper standards of care in setting the wrist with hardware then a potential claim may be brought for the... View More

1 Answer | Asked in Child Custody and Family Law for Maine on
Q: If my kids dad tried to commit suicide twice 10 months apart, last time in front of my kids. Will I get full custody?
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2024

You should contact a family law lawyer to answer this question. I only handle criminal defense law.

2 Answers | Asked in Medical Malpractice for Maine on
Q: my wife was injured during a dental appointment, just wondering if there is anything we can do?

after her tooth removal she developed lumps on her forehead and temple area, bruising on her cheek, abdomen, and knees that she had none of before

Mark Randall
Mark Randall
answered on Nov 27, 2024

I am sorry to learn of your wife’s symptoms after her tooth extraction. What you mention in your question is concerning. Maine medical malpractice law requires that another similarly qualified dentist be able to objectively review the dental records and conclude based on that review that the... View More

View More Answers

1 Answer | Asked in Foreclosure, Real Estate Law, Identity Theft and Wrongful Death for Maine on
Q: Trying to find out about a trust
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2024

What is your question?

2 Answers | Asked in Bankruptcy for Maine on
Q: I am on a deed with my mother and she lives in the home. Will the property be safe if I file chapter 7.

The value of the property is $53000 and is owned outright.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024

No... I doubt you can exempt enough value in the house to keep it. The CH 7 Trustee will take your interest and will be a tenant in common with Mother. His interest will be sold, and both of you will lose possession.

View More Answers

1 Answer | Asked in Family Law, Real Estate Law and Probate for Maine on
Q: My mom passed away with no will. My brother was living with her at the time of her death. I asked him if I could move in

Are we allowed to live in the house while dealing with probate? If we are do we continue to pay the mortgage payment as it is? Or do we have to pay fair Market value rent for the house to remain living in it until it's sold to close out the estate?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2024

If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.

If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have...
View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.