Maine Questions & Answers by Practice Area

Maine Questions & Answers

Q: Can I bring my Filipina wife's little sister to the States?

2 Answers | Asked in Immigration Law for Maine on
Answered on Nov 16, 2017

You can't file a family based petition for her like you could for your wife. When your wife becomes a citizen of the United States she could file for her but that takes a VERY long time to result in resident status.

When you say little sister, does that mean school age? She might be able to come over temporarily as a student for a number of years.
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Q: When answering to served divorce papers do I need a lawyer. Not contesting them. Summons from Maine district court

1 Answer | Asked in Divorce for Maine on
Answered on Nov 5, 2017

A non-contested divorce is a simple method for divorce provided issue of child (if any) custody, support, parenting, visitation, etc.are also to be settled having its bearing on both parents. In that case one must be represented by an Attorney to fairly settle these issues.
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Q: what do I need to do to change custody from shared to sole when the other parent has agreed to sign off in Maine?

1 Answer | Asked in Child Custody and Family Law for Maine on
Answered on Nov 2, 2017


Assuming that the shared custody order was a Maine order, you and your child's father should be able to file a stipulated motion to modify that order to reflect your desired change to sole parental rights and responsibilities. It is important to provide the court with a draft order for signature that indicates that no hearing is necessary because the two of you agree.

The issue of what to do about child support will need to be addressed as well. If asked, the court will...
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Q: Is it legal to be fired on medical leave for reasons unrelated to medical leave?

1 Answer | Asked in Employment Law and Employment Discrimination for Maine on
Answered on Oct 23, 2017

Elaborate your question a bit more. Did your employer fire you during medical leave? Universal practice is that during medical leave one cannot be fired. As stated, "reasons unrelated to medical leave" then what reason was given for your separation? Is that a valid reason and whether you can go in recourse?
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Q: My mom cashed in her life insurance policy and passed before the check came . We have a joint checking account.

1 Answer | Asked in Probate for Maine on
Answered on Oct 8, 2017

I hesitated to answer this question because it lacks detail, but if I assume that the check was made payable to your mother, the problem is that she has passed, so she cannot deposit it. The general rule is that a check made payable to someone who has died cannot be cashed or deposited – rather, it should be returned to the party that sent it, with an explanation that the intended payee is deceased. In this situation, you may be thinking that because you share a bank account with your mother,...
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Q: Is it better to will my assets to my children or set them up as beneficiaries to a trust?

1 Answer | Asked in Estate Planning for Maine on
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 property; tax considerations; and whether some of the other benefits of having a trust could outweigh the simplicity of having just a will. There are other factors to consider as well. Generally...
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Q: Can I sue for damages if a local business gives up after receiving thousands of dollars in support from the community?

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Maine on
Answered on Oct 1, 2017

Owner is a rightful person to deal with his property (movable or immovable), etc. Owner may ask for any reasonable price of his belongings.

Material was donated by you and other .... confusion is on what terms??? You also claimed of voluntary labor. You may have a priority right over others to purchase that building and negotiate its price. However, owner will have the final say...

For specific advice please consult your Estate and Civil Right attorny.
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Q: How do I prove ownership of property for the museum if previous owner does not properly log the article in as a donation

1 Answer | Asked in Intellectual Property for Maine on
Answered on Aug 19, 2017

This is an interesting question. It implicates several legal concerns (1) ownership of the physical letters, (2) ownership of the copyrights in them, and (3) transfer of property of the intestate (no will) of the deceased. As to (1): Intent to give the articles to the museum as a gift can be provided not only by evidence in a writing, but also by evidence such as the testimony of the previous curator as to her or his discussion with the donor of the articles and other direct and indirect...
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Q: My 16 year old daughter hates my rules and wants to live with her dad. Will I have to pay him child support now

1 Answer | Asked in Family Law for Maine on
Answered on Aug 17, 2017

The only way to modify a child support obligation is via a motion to modify child support. Even if your daughter is living with her father, his court order remains in place, and the obligation will be enforceable.
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Q: I need to file a Motion to Enforce and Motion to Modify. Can I do this at the same time in Maine?

1 Answer | Asked in Family Law for Maine on
Answered on Aug 17, 2017

Yes, you can!
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Q: Are some properties zoned for both commercial and residential use or do you usually need to apply for one or the other?

1 Answer | Asked in Land Use & Zoning for Maine on
Answered on Aug 16, 2017

Zoning is based on the location. Some zones will allow for both commercial and residential, but the types of commercial uses may be limited. You need to check with the town's land use code and zoning map to determine the relevant zone and what uses are permitted.
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Q: Can you publish a picture of someone in a book without their consent or knowledge?

1 Answer | Asked in Civil Rights and Copyright for Maine on
Answered on Aug 16, 2017

This all depends on the paperwork signed at the photo shoot. That will likely control your legal rights.

Here are 15 possible candidates that may be able to help you. I suspect most will tell you (by phone) if it is something they will consider handling. If the publisher of the mass produced publication has MONEY, the lawyers will be MORE interested.
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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

1 Answer | Asked in Immigration Law for Maine on
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.
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Q: I am 17 and pregnant and I live with my parents. Who is the legal guardian of my baby once they are born?

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

1 Answer | Asked in Contracts and Collections for Maine on
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.
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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

1 Answer | Asked in Family Law and Probate for Maine on
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 attorney to have that conversation.

The life insurance policy will have beneficiary information: it could be you, it could the boyfriend, it could be both of you or some person or organization...
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Q: Demanding money to sign quit claim deed extortion?

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Maine on
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, if she has been ordered by the court to quit claim some real estate to you and she hasn't yet done it, she is probably at risk of a contempt motion going in her direction.

You might be able to successfully gain...
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Q: Can I sue a company if their product gave me chemical burns?

1 Answer | Asked in Personal Injury, Products Liability and Health Care Law for Maine on
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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Q: What do we do when we have a breach of contract and the contractor is refusing to refund us our money?

1 Answer | Asked in Contracts and Construction Law for Maine on
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. The facts of the dispute will be to be considered before deciding the best way to proceed.
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Q: I probated my mom's will 5 months ago. My sister's lawyer asked for a detailed list of my mom's Estate.

1 Answer | Asked in Estate Planning and Probate for Maine on
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 statutory section can be found in its entirety at If you have not already done so, you probably need to do so soon. You may want to hire...
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