Maine Questions & Answers by Practice Area
- Bankruptcy
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- Employment Discrimination
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- Entertainment / Sports
- Environmental
- Federal Crimes
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- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
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- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
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- Sexual Harassment
- Small Claims
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Maine Questions & Answers
Q: Is there ever a reason you'd go through probate if a will exists?
Daniel J. Eccher's answer
A: Yes; in fact, there may be a duty for a person who has control of a will of someone who has died to deliver it to either the Personal Representative named in the will or the Probate Court in the county in which the person died (18-A M.R.S.A. Sec. 2-902). A will simply lets people know how the testator wanted their probate property distributed after his or her death; it does not help the heirs avoid probate. Probate can be avoided in a few ways. You could change the title on all of your...
A: Yes; in fact, there may be a duty for a person who has control of a will of someone who has died to deliver it to either the Personal Representative named in the will or the Probate Court in the county in which the person died (18-A M.R.S.A. Sec. 2-902). A will simply lets people know how the testator wanted their probate property distributed after his or her death; it does not help the heirs avoid probate. Probate can be avoided in a few ways. You could change the title on all of your...
Q: Can I work from home as a freelancer for the same company with whom I am currently employed full time?
Salim U. Shaikh's answer
Before you jump in, analyse all aspects of your current employment. You may end up with "conflict of interest" the moment you set up a parallel business.
Before you jump in, analyse all aspects of your current employment. You may end up with "conflict of interest" the moment you set up a parallel business.
Q: If I suspect animal abuse or neglect on a neighbors property how much trouble could I get in for trespassing for proof?
Zachary J. Smith's answer
This sounds hypothetically as if it would constitute trespass, a misdemeanor-level offense. However, I'm not certain that under these circumstances you would be charged. Another concern would be a property owner who thinks a trespasser is there to cause harm and accordingly shooting said trespasser.
This sounds hypothetically as if it would constitute trespass, a misdemeanor-level offense. However, I'm not certain that under these circumstances you would be charged. Another concern would be a property owner who thinks a trespasser is there to cause harm and accordingly shooting said trespasser.
Q: My mother is alive and agrees to be appoint me her PR for when she passes. What probate form should I submit now?
Daniel J. Eccher's answer
Your mother should write a will in which she nominates you as the Personal Representative (PR) of her estate. I do not know of any form that should be filed with the Probate Court before she passes. After she passes, you would file the will and Petition to court for you to be appointed as PR.
Here is a link to the “Statutory Will” form: http://www.mainelegislature.org/legis/statutes/18-A/title18-Asec2-514.html
She could fill out this form and sign it in the presence of...
Your mother should write a will in which she nominates you as the Personal Representative (PR) of her estate. I do not know of any form that should be filed with the Probate Court before she passes. After she passes, you would file the will and Petition to court for you to be appointed as PR.
Here is a link to the “Statutory Will” form: http://www.mainelegislature.org/legis/statutes/18-A/title18-Asec2-514.html
She could fill out this form and sign it in the presence of...
Q: What are my options if I'm taken to court for back child support after 11 years
Joe Lewis' answer
Hi there.
Tough situation, of course, but there is good news and bad news for you.
The good news is that the courts will only look back over the past six years, not the full 11. The other good news is that many payments you made to her toward support of your second child (clothing, education, medical bills, etc.) can be credited as back support that was actually paid. More good news is that you won't have to pay it all at once. Finally, the court has a lot of discretion as...
Hi there.
Tough situation, of course, but there is good news and bad news for you.
The good news is that the courts will only look back over the past six years, not the full 11. The other good news is that many payments you made to her toward support of your second child (clothing, education, medical bills, etc.) can be credited as back support that was actually paid. More good news is that you won't have to pay it all at once. Finally, the court has a lot of discretion as...
Q: What happened to the historical definition of liberty? Freedom from unreasonable physical restraint as in being arreste
1 Answer
| Asked
in
Criminal Law, Civil Rights and Constitutional Law
for
Maine
on
Answered on Jul 19, 2018
Answered on Jul 19, 2018
Q: What steps do I need to take to press charges against landlord
Salim U. Shaikh's answer
Two different scenarios: (1) nasty sexual communication (how would you prove that?) to be reported to your local police for criminal action; (2) retaliatory steps having threatened eviction; If LL does proceed against your eviction you may have right to defend: first pending harassment actions against LL and secondly eviction without any cause provided you are fully abiding by lease terms.
Two different scenarios: (1) nasty sexual communication (how would you prove that?) to be reported to your local police for criminal action; (2) retaliatory steps having threatened eviction; If LL does proceed against your eviction you may have right to defend: first pending harassment actions against LL and secondly eviction without any cause provided you are fully abiding by lease terms.
Q: I own 4 deeded timeshare units if all taxes,dues,fees have been paid in 3 can I be blocked from use in any of those 3
Michael Hales' answer
I just answered this on your other post, but let me know if you still have questions.
I just answered this on your other post, but let me know if you still have questions.
Q: I owe 4 deeded timeshare units,Can I be blocked from using 3 units if dues,taxes,and fees have been paid
Michael Hales' answer
This will depend on the bylaws or internal rules of the resort/management company. I'm guessing this is a smaller resort because most of the large companies (headquartered in Orlando) that I've worked with wouldn't do this unless all ownership was combined into one unified points system.
This will depend on the bylaws or internal rules of the resort/management company. I'm guessing this is a smaller resort because most of the large companies (headquartered in Orlando) that I've worked with wouldn't do this unless all ownership was combined into one unified points system.
Q: when you sign settlement paper how many days must you legally wait before you get the check??
Robert D. Kreisman's answer
It depends on the law in your jurisdiction. For example, Illinois has law directly on point of your question. You should ask this question to the lawyer handling your case or an attorney in your area.
It depends on the law in your jurisdiction. For example, Illinois has law directly on point of your question. You should ask this question to the lawyer handling your case or an attorney in your area.
Q: Hi i got 2 seperate charges for theft i got a court date july 17th in ellsworth maine am i looking at just a fine
Zachary J. Smith's answer
There is no way for us to know what the prosecution will be seeking in your case, but in my experience defendants with little or no criminal history who face misdemeanor-level theft charges are generally offered a fine and restitution if they plead guilty.
There is no way for us to know what the prosecution will be seeking in your case, but in my experience defendants with little or no criminal history who face misdemeanor-level theft charges are generally offered a fine and restitution if they plead guilty.
Q: How to stop identity theft, mail theft and fraud, forgery, medicare/ins fraud, medical malpractice, deprivation of life
1 Answer
| Asked
in
Federal Crimes, Identity Theft, Legal Malpractice and Medical Malpractice
for
Maine
on
Answered on Jun 3, 2018
Answered on Jun 3, 2018
Gary Kollin's answer
I am sure they think you are mentally ill. You need to prove them wrong. You need to seek out a psychiatrist they know nothing about and have at least three sessions. Then provide the authorities with the proof and they may listen to you
I am sure they think you are mentally ill. You need to prove them wrong. You need to seek out a psychiatrist they know nothing about and have at least three sessions. Then provide the authorities with the proof and they may listen to you
Q: Can my Dad's astranged wife kick me out? Or take control of my dads estate?
Robert Guillory Esq's answer
First you need to see if he left a will. if so did he name a personal representative, if he did it was probably his wife unless he changed his will after filing for divorce. Second you need to check how the real estate was held ie joint tenants or tenants in common. If joint tenants as most people do then she owns the entire amount of the real estate and can evict you thorugh the court. If it was not joint tenants then you may be part owner and she may not be able to use the eviction process....
First you need to see if he left a will. if so did he name a personal representative, if he did it was probably his wife unless he changed his will after filing for divorce. Second you need to check how the real estate was held ie joint tenants or tenants in common. If joint tenants as most people do then she owns the entire amount of the real estate and can evict you thorugh the court. If it was not joint tenants then you may be part owner and she may not be able to use the eviction process....
Q: I have a squatter problem in my deceased mother's house.
1 Answer
| Asked
in
Estate Planning, Family Law, Real Estate Law and Probate
for
Maine
on
Answered on May 15, 2018
Answered on May 15, 2018
Daniel J. Eccher's answer
You have raised a number of issues. It seems to me as if the most important point is that there is someone living in your deceased mother's house who doesn't have a right to live there. Even if someone has permission from someone else to live there, the person living there should be paying rent to your mother's estate. Has anyone petitioned in Probate Court to be appointed Personal Representative of the estate? If you are her son, you would be a perfect candidate for PR; your mother's husband...
You have raised a number of issues. It seems to me as if the most important point is that there is someone living in your deceased mother's house who doesn't have a right to live there. Even if someone has permission from someone else to live there, the person living there should be paying rent to your mother's estate. Has anyone petitioned in Probate Court to be appointed Personal Representative of the estate? If you are her son, you would be a perfect candidate for PR; your mother's husband...
Q: What are the rules about people walking on a beach that's owned by a private landowner?
Elliott R. Teel Esq's answer
If there are no easement rights to walk on the beach or any other basis for permission, then it is essentially trespassing. You need to be sure that the beach is part of the land that is owned, and that should be provided for in the property deed. No Trespassing signs can be posted, and even fencing to block access.
If there are no easement rights to walk on the beach or any other basis for permission, then it is essentially trespassing. You need to be sure that the beach is part of the land that is owned, and that should be provided for in the property deed. No Trespassing signs can be posted, and even fencing to block access.
Q: What are the minimum legal requirements for U.S. citizens to maintain residency in the United States?
Elisha F Svosve's answer
In regards to the US citizenship aspect of your question, you are not limited/restricted as to how much time you can spend outside of the USA.
In regards to the US citizenship aspect of your question, you are not limited/restricted as to how much time you can spend outside of the USA.
Q: DHHS became involved due to my bf's criminal record. He has nothing against children. My son is 11 has been with me all
Robert Guillory Esq's answer
you can file a motion to modify the order giving the father sole parental rights to change the contact provisions and primary residence etc. you will have to show something has changed since the order giving sole rights to dad. That would be your son's reaction to living with his dad. Of course if yoiu do this dhhs may become involved again.
you can file a motion to modify the order giving the father sole parental rights to change the contact provisions and primary residence etc. you will have to show something has changed since the order giving sole rights to dad. That would be your son's reaction to living with his dad. Of course if yoiu do this dhhs may become involved again.
Q: I am paying a% alimony. The decree states that I pay until she remarries or is 67. I want to retire at 62she will be 60
Robert Guillory Esq's answer
It is hard to tell you exactly what your options are without seeing the divorce judgment but generally spousal support awards can be modified if there has been a substantial change of circumstances. if you elect to retire and that decision is reasonable, especially if you have health problems or have trouble doing the same job, then you can file a motion to modify the divorce judgment to either lower or eliminate the spousal support award. The court will look at your current income including...
It is hard to tell you exactly what your options are without seeing the divorce judgment but generally spousal support awards can be modified if there has been a substantial change of circumstances. if you elect to retire and that decision is reasonable, especially if you have health problems or have trouble doing the same job, then you can file a motion to modify the divorce judgment to either lower or eliminate the spousal support award. The court will look at your current income including...
Q: My daughter has 5 class c felonies and a violation of an 18 month divered disposition agreement how much time ?
Zachary J. Smith's answer
If she has an attorney, she needs to consult with him or her. But generally when someone violates a deferred disposition agreement the "bad outcome" described in the agreement results.
If she has an attorney, she needs to consult with him or her. But generally when someone violates a deferred disposition agreement the "bad outcome" described in the agreement results.
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