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Maine Questions & Answers
1 Answer | Asked in Landlord - Tenant and Probate for Maine on
Q: Can a house that is going through probate in Maine be rented out? If so, how does this get initiated legally?

My mother passed last summer. House is still in probate, but her will left it to her five adult children. Can we legally rent the house out before the title is transferred to us? If so, how do we go about setting up the rental agreement?

Daniel J. Eccher
Daniel J. Eccher
answered on May 22, 2023

Probably, yes; it is quite common for people to rent real estate that is in probate. The "landlord" is technically the probate estate; the person with control would be the Personal Representative (PR) of the estate. If no one has been appointed as PR of the estate, you should petition the... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: What are our options if we are sued to complete a contract to purchase?

We made an offer on a nice off grid camp that we liked, mostly because it had a bathroom & shower. During the inspection it was discovered that condos are going in behind, there is a crazy neighbor, & parties. Doubts surfaced, and also loan offered wasn't the loan outlined in the... View More

Fred Bopp III
Fred Bopp III
answered on May 15, 2023

Typically, the form parties sign to terminate a Purchase & Sale Agreement contains language providing for mutual releases of all claims. Assuming that is the case, you should have a complete defense if you are sued to complete the purchase under the Purchase & Sale Agreement.

2 Answers | Asked in Real Estate Law for Maine on
Q: I bought a piece of property in Maine in 2008. It was broken off from a larger piece of property.

I am now trying to sell this property and I am told that there is a problem with the title. What can I do?

Anthony M. Avery
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answered on May 9, 2023

Hire a MA attorney to search the Title and make recommendations. It may involve a Quiet Title Action, Survey, Boundary Dispute Action, etc. Sometimes clouded Titles cannot be cured.

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1 Answer | Asked in Employment Law and Employment Discrimination for Maine on
Q: How can I have my boss remove a formal reprimand in my file, placed there while I was on medical leave of absence?

I went on medical leave due to complications related to my father's death on September 22, 2022. I had experienced a lot of stress due to his untimely death and the fact that he was scammed out of his life savings in the months prior to his death. On September 20, I had a meeting with two... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 25, 2023

Unfortunately, employers have a lot of latitude regarding employee discipline and when and how write-ups are received and stored. There are no laws that would require your employer to remove a write-up from your file, even if the write-up is factually incorrect or inaccurate.

1 Answer | Asked in Personal Injury for Maine on
Q: If one is over-served alcohol at a casino and pass out, then they call ambulance,are they liable for medical bills?
Tim Akpinar
Tim Akpinar
answered on Apr 27, 2023

A Maine attorney could advise best, but your question remains open for two weeks. It could depend on the breadth and scope of the state's Dram Shop laws. These laws can differ from state to state. They are commonly applied in settings involving third-party victims, as in motor vehicle... View More

1 Answer | Asked in Real Estate Law and Probate for Maine on
Q: finding a deed when it is not at the registry of deeds because it was unorganized territory we have a will giving it to

husband and brother were given land over 40 years ago. it is in unorganized territory which subsequently became indep. there is not a place in centerville to obtain land records any more. we have been to the court house and there is no record of the deed. all parties that were grantors are... View More

Anthony M. Avery
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answered on Apr 19, 2023

I have no idea what County you are referring to. But if no recorded Deed is in in existence, then the heirs might make claim (possibly arguing by adverse possession) and file a Quiet Title suit with publication notice. If the Will was Probated, then the Probate Court is your source of title and... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Does a security deposit get returned upon end of lease, or end of vacating the building?

I am moving and my roommate isn't (lease ends 4/30/23). He is starting a new lease with new roommates. The management company claims I will not be receiving my part of the security deposit back,and that we still owe this last months rent that we had paid upon signing the lease, due to... View More

Fred Bopp III
Fred Bopp III
answered on Apr 7, 2023

You should review the terms of the lease, which should specify when, under what circumstances, and how the landlord will return the security deposit.

1 Answer | Asked in Construction Law and Small Claims for Maine on
Q: Insurance claim after small claims court

I took a contractor to small claims due to faulty work. He did submit a claim with his insurance but denied responsibility. Insurance said they can't do anything until judgement. I requested judgement for the money I paid him (I didn't know I was supposed to submit damages then). I did... View More

Fred Bopp III
Fred Bopp III
answered on Mar 29, 2023

I don't see why not. Does the judgment you received indicate how much the Defendant owes you? I am not sure what you mean by you "didn't get payment for the cost of them."

1 Answer | Asked in Personal Injury for Maine on
Q: Am I liable if someone gets hurt on a swim float that I purchase and install on a lake in Maine?

I am a homeowner that's part of a lake association with a deeded access and rights to the association's beach and swim area. I would like to purchase and install a swim float on the lake out in front of the beach. My question is if I could be liable for someone using the float and... View More

Anthony K. Ferguson
Anthony K. Ferguson
answered on Mar 24, 2023

You need to review the language of the document that gives you access to the beach. I doubt that it gives you the right to put in a float.

1 Answer | Asked in Government Contracts and Gov & Administrative Law for Maine on
Q: What is the role of the common law in aviation, particularly given that the aviation industry, and pilots, are already s

What is the role of the common law in aviation, particularly given that the aviation industry, and pilots, are already subject to significant, specific federal regulation?

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2023

A Maine attorney could answer best, but your question remains open for four weeks. You're right about federal regulations from agencies such as the FAA or TSA already applying. But as in other transportation sectors, there are contract, tort, and other matters involving the aviation industry... View More

1 Answer | Asked in Criminal Law for Maine on
Q: If I confess to a crime I did can I choose my jail time if it's reasonable?
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2023

If you're convicted of a crime, it is up to the Judge to determine the sentence. You can ask for a certain sentence and give the Judge the reasons why it should be imposed, but ultimately it is up to the Judge to decide the sentence.

1 Answer | Asked in Contracts for Maine on
Q: A buyer signed a contract to pay for equipment but he stopped paying can I put a lien on his property if he doesn't pay?

The buyer signed a contract to make payment of equipment. He signed the contract under his name not a LLC or corp. He decided to stop making payments on the equipment and is 80k behind on payments. Can I put a lien on his personal property and home to force him to pay what he owes or do I have to... View More

Fred Bopp III
Fred Bopp III
answered on Mar 21, 2023

You will probably have to file a lawsuit. Depending on the relevant facts, however, you may be entitled to a mechanic’s lien. Maine law provides that “[w]hoever performs labor or furnishes labor or materials, . . . or performs services as a[n] . . . owner-supplier of equipment used in erecting,... View More

2 Answers | Asked in Constitutional Law and DUI / DWI for Maine on
Q: Do States ( Maine) have a constitutional right to take blood from a persons in order to prove driving under the influenc

Seams like a violation of the persons body

John Michael Frick
John Michael Frick
answered on Mar 6, 2023

With a warrant, they can.

Implied consent laws are also constitutional. For example, by law a state can make cooperating with a blood alcohol test a condition of the privilege of driving, but the penalty for a subsequent refusal is limited to the loss of the privilege....
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1 Answer | Asked in DUI / DWI and Constitutional Law for Maine on
Q: Does a state have the right to take your blood in an alcohol related driving offense?
James L. Arrasmith
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answered on Mar 11, 2023

The legality of blood tests in alcohol-related driving offenses varies by state in the United States. In some states, there are implied consent laws that require drivers to submit to a blood test if they are suspected of driving under the influence. In other states, a warrant is required to compel... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can a landlord ask for more security deposit without proof that repairs have cost more than you deposit after signing

Landlord has asked for more security deposit claiming we have cussed more damage than the deposits but will not provide receipts for the repairs and no repairs have been done over 100$

Fred Bopp III
Fred Bopp III
answered on Feb 26, 2023

The first place to look for the answer to your question is the lease – if you have one. The lease terms should address this. If the lease terms do not or if you do not have a written lease, then Pine Tree Legal has this to say: Security deposits are your money that a landlord is just holding.... View More

2 Answers | Asked in Criminal Law for Maine on
Q: If sentence was 9 months one day, how much time would one do with good time?

Originally arrested for aggravated assault domestic violence sexual misconduct only pled to aggravated assaults while on probation after serving sentence of 5 years all suspended but 5 months He broke. PFA and caught new charges for driving without a license habitual offense

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2023

You can receive up to 7 days a month for good time credit. However, domestic charges, and some other charges, only allow for 5 days of good time per month. The application of good time credit is decided by the Department of Corrections, not Court. I hope this helps answer the questions.

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1 Answer | Asked in Criminal Law and Domestic Violence for Maine on
Q: Can a no contact order be lifted by DA before arraignment court date?

Boyfriend didn't want arrest to happen or arrest. There was no physical touch no witnesses no text or video tapi g. Nothing recorded and no neighbor statements

Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

If you're referring to a no contact order in the bail bond, it is possible to have it removed by the Court before arraignment. The defendant will need to file a motion to have the condition removed and the court will schedule a hearing on it for the court to decide whether to remove it or not.... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can another tenant put up a camera in a shared back yard? Nothing in lease. What forms do I need to sue?
Fred Bopp III
Fred Bopp III
answered on Feb 19, 2023

I previously answered a very similar version of this same question and my prior answer should be helpful here. As far as your request for forms needed to sue, here is a link to the State of Maine Judicial Branch Court Forms Search web page:... View More

1 Answer | Asked in Appeals / Appellate Law for Maine on
Q: How long does it take the Maine Supreme court to confirm an appeals opinion once oral arguments and briefs are submitted

Estate probate appeal by a party with a document already declared invalid by a lower court.

Fred Bopp III
Fred Bopp III
answered on Feb 18, 2023

It varies widely. It can take perhaps as little as a month or up to a year or more. I would not expect a ruling for several months at least.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Maine on
Q: Can a tenant put up a camera that is shared by two separate tenants. Is it a privacy issue?

I don't want to be recorded while in the back yard. Can he be made to take it down legal and if so how do I go about doing it?

Fred Bopp III
Fred Bopp III
answered on Feb 17, 2023

Your question is missing a number of critical facts. Are you the landlord? Do you own the building the tenant is in? Do you also live in that building? Is it your backyard? Is the tenant putting the camera on the outside of the building?

As a general matter, the first place to look for...
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