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Maine Questions & Answers
1 Answer | Asked in Immigration Law for Maine on
Q: I would like to sponsor my children to come to the US, but one is 19 and the other is 21. Are they too old to be

considered children for the purposes of immigrating to the US?

Matthew J Hartnett
Matthew J Hartnett
answered on Jul 29, 2017

Assuming you are a permanent resident or US citizen, you can file for the 19 year old. If you haven't started the process for the 21 year old, its ok, but his or her case may take longer if they have aged out. Consider discussing with an attorney.

1 Answer | Asked in Estate Planning for Maine on
Q: Is it better to will my assets to my children or set them up as beneficiaries to a trust?
Parke A Burmeister
Parke A Burmeister
answered on Oct 5, 2017

This is a very good question, and the answer depends very much on the specifics of your particular situation. Some of the factors to consider include: the age of your children; whether or not any of them have special needs, credit issues, or difficulty managing money; your long-term goals for your... View More

1 Answer | Asked in Child Custody and Family Law for Maine on
Q: I am 17 and pregnant and I live with my parents. Who is the legal guardian of my baby once they are born?
Joe Lewis
Joe Lewis
answered on Jun 28, 2017

Congratulations to you!

When your baby is born, you will be the legal guardian of your baby.

Do your best and have fun!

- Joe

1 Answer | Asked in Contracts and Collections for Maine on
Q: Maine-I filed small claims action 4 breach of contract re: dog breeding, I won, Defendant did not pay judgement $6000 by

deadline, had been given means 2 do so by courts in ruling by selling pups in her possession awarded 2 plaintiff 2 be placed from defendants residence due 2 health concerns. I then filed a contempt case & won. Defendant ordered 2 pay $1000 what they claimed they had left after spending rest... View More

Elliott R. Teel
Elliott R. Teel
answered on Jun 16, 2017

Sounds like you have done a good job so far. I would say do a disclosure hearing and request all their financials - bank statements, tax returns, debts, and business P&L statements. Then the court can set a payment plan or a deadline for full payment, again enforceable by a contempt action.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Maine on
Q: Demanding money to sign quit claim deed extortion?

Had 90 days to refinance, paid loan off 5 years in because bank wouldn't refinance. maliciously, She threatened contempt because loan wasn't paid in time 16 years after the fact unless we give her money to sign quit claim deed. Which is court ordered for her to do. I feel like that's extortion.

Joe Lewis
Joe Lewis
answered on Jun 12, 2017

Well, it probably isn't extortion, a word that has a precise legal meaning, but it does sound kind of rude.

Contempt won't work against you if you've already paid off the loan. In other words, you've done what you were told to do, albeit too slowly. On the other hand,...
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2 Answers | Asked in Personal Injury, Products Liability and Health Care Law for Maine on
Q: Can I sue a company if their product gave me chemical burns?
Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

Contact a member of the Maine Trial Lawyers Assn. They give free contacts.Assuming you were using the product in the way it was supposed to be used, following instructions (including safety gear), you may have a case.

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1 Answer | Asked in Family Law and Probate for Maine on
Q: My mother died and I am her only son. She lived with her boyfriend who was her p.o.a due to her illness. Do i get inheri

Am I inherited any of her life insurance money or does her power of attorney get all control of it

Joe Lewis
Joe Lewis
answered on Jun 12, 2017

I'm very sorry for your loss.

Now that your mother is dead, the power of attorney that her boyfriend had is no longer in effect.

There are a lot of variables to consider when trying to figure out what happens to her estate generally, and you should definitely contact a probate...
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1 Answer | Asked in Contracts and Construction Law for Maine on
Q: What do we do when we have a breach of contract and the contractor is refusing to refund us our money?
Elliott R. Teel
Elliott R. Teel
answered on May 16, 2017

The answer may depend on if the contract says anything about how disputes are handled (there may be a mediation or arbitration clause). If it does not say anything, then depending on the amount that is in dispute, you can to either go to small claims court or to the district court to pursue them.... View More

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: I probated my mom's will 5 months ago. My sister's lawyer asked for a detailed list of my mom's Estate.

She just asked yesterday. Am I legally bound to do it because it said during 3 months

Daniel J. Eccher
Daniel J. Eccher
answered on May 10, 2017

This question appears to be incomplete, because it lacks a final punctuation mark, but I will answer that generally, the personal representative of an estate is required by statute to "... file or furnish an inventory of property owned by the decedent at the time of his death ...." (This... View More

1 Answer | Asked in Banking for Maine on
Q: Does moving out of state have any effect on my rights as a bank account holder (like do banking laws drastically differ

from state to state?

Elliott R. Teel
Elliott R. Teel
answered on May 1, 2017

Most consumer banking laws are federal. There will be variations from state to state, but not significant for most people, with some differences if it is a commercial account or loan. A major exception is foreclosure procedure, which is more a property law than financial, and will vary... View More

1 Answer | Asked in Land Use & Zoning for Maine on
Q: If you convert an industrial space to a residential one, which environmental laws do you have to comply with?
Elliott R. Teel
Elliott R. Teel
answered on Apr 28, 2017

Generally the environmental laws that apply to the property won't change, but if your use changes then there would likely be ones that are no longer applicable, while there may be others you would need to comply with. The laws will apply based on your actual use. The town's zoning laws... View More

1 Answer | Asked in Personal Injury and Products Liability for Maine on
Q: I am sending in a product liability claim with walmart and they told me they needed the product and receipt. True?

They also processed my item that caused my person injury as a return against my wishes. Is this going to effect my case? I am worried now because they seemed like they were lying to me. First they had me go in to fill out the form. I get there and they say I need to product and receipt so I fill... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 21, 2017

The product needed to be kept--the way to handle it is let them examine it but you keep it. A little late now. Your getting your cash back if you didn't sign a "release of all calims" woudl be ok. If you didn't talk to an attorney why not contact a member of the Maine Assn for... View More

1 Answer | Asked in Contracts for Maine on
Q: What should I do: Plaintiff fails to respond to interrogatories, doc request, & request for admissions within 30 days

I am being sued for default on a private loan that I was duped into. I wasn't informed the loan was approved nor did I accept it. The funds were disbursed to a 3rd party without my knowledge and I only learned of the situation after the fact.

I answered plaintiff's... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Mar 29, 2017

The case will not be dismissed for failure to meet discovery deadlines alone.

Move to compel responses to the Ints. and Doc. Reqs. and to "deem" the unanswered Requests for Admission as admitted.

1 Answer | Asked in Civil Rights, Estate Planning and Real Estate Law for Maine on
Q: Does he have any rights to the house he lives in--doesn't own, but pays for?

My boyfriend still lives with his mother because she can't afford living in the house by herself; however, she just sold the house while he is still living in it. Does he have any rights? Thank you

Jonathan R. Roth
Jonathan R. Roth
answered on Mar 25, 2017

No, unless he is going to claim that he was a tenant or he loaned her funds. As a Tenant he is entitled to some notice for termination. The only question is did he loan her any money or did she promise him something and can it be proved.

1 Answer | Asked in Real Estate Law for Maine on
Q: I co own undeveloped property in the state of Maine I own 2 thirds partner 1 third my partner has refused 2 pay their

share of taxes 4 last 7 years can I have them removed from title what r my options if I sell

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2017

Contact a Maine real estate attorney.

1 Answer | Asked in Estate Planning for Maine on
Q: Am I entitled to more as personal representative in Dad's estate settlement?

My father got sick and died from a medication he had taken. He started legal process before death and I was appointed personal representative through probate. I have done all of the running and paid for things out of my own pocket and am wondering if all has to be divided equally or at my own... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 16, 2017

As PR you CAN claim reimbursement from any 'out of pocket' expenses. Be sure to document the payment and amount. This 'reimbursement' is usually not an issue, and you probably SHOULD reimburse yourself.

You can also claim 'wages' for the time and effort put...
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1 Answer | Asked in Estate Planning for Maine on
Q: If I am listed as a devise in a will, will I I receive all the money even if the estate does not have money an account

The estate is well worth more then I have been listed as getting

Ben F Meek III
Ben F Meek III
answered on Feb 15, 2017

It depends on the terms of the will. You may be a devisee but the devise to you might be only a few dollars. If you are the only devisee and only beneficiary, you might be entitled to a greater portion of the estate. It just depends. If you think the assets of the probate estate have not been... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maine on
Q: Estate issue with two parents (Dad/Stepmom) who died without wills.

Our father died without a will in 2012. His home in Frankfort Maine went to his wife, our stepmom, the surviving widow.

It seems that she, and her family never got the property legally put into her name. She died this past fall, also without a will, and her children are having trouble... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Jan 31, 2017

Assuming everything you have written above is correct, then I do not see any conflict. You all seem to be in agreement that the property should go to your step-mother's children. The only concern I would have is if you or your siblings do not understand whatever document you are asked to sign.... View More

1 Answer | Asked in Estate Planning for Maine on
Q: How can I structure if so my girlfriend can continue living in my house when I die, but my kids get the house as a part

of my estate?

Daniel J. Eccher
Daniel J. Eccher
answered on Oct 26, 2016

It would be best to talk to an estate planning lawyer about your specific situation, but the short answer is that you could leave your girlfriend a "life estate" in the house in a will (or codicil to an existing will), with the remainder going to your children. The life estate would mean... View More

1 Answer | Asked in Family Law and Criminal Law for Maine on
Q: Can criminal charges of perjury be sought against a spouse when they have filed a PFA with verifiable lies?

Specifically in relation to finances where one spouse has drained all the savings and then falsely accused the other of the actions.

Christian Foster
Christian Foster
answered on Apr 28, 2016

You have not given me enough information to say for sure. If the spouse has made a statement under oath which he/she knew was not true there is a case for perjury or false swearing. There may also be a civil case for abuse of process if you can prove the spouse deliberately misused the judicial... View More

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