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Maine Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Maine on
Q: Is my case appealable?

I am a Pro se Plaintiff, I filed a motion to modify a year later we had a hearing. My ex had a lawyer I did not. I followed all rules of civil procedure and certified mail my copies of all exhibits I was using during the hearing. Our case was over ZOOM. Day 1 I tried to present my case my exs... Read more »

Fred Bopp III
Fred Bopp III answered on Jul 20, 2021

The first thing you need to be concerned about is Maine Rule of Appellate Procedure 2B(c)(1), which provides: "The time within which an appeal may be taken in a civil case shall be 21 days after entry into the docket of the judgment or order appealed from, unless a shorter time is provided by... Read more »

1 Answer | Asked in Estate Planning and Gov & Administrative Law for Maine on
Q: How do you set up a trust for your house so the state doesn’t take it?

My dad had a heart attack and found he has cancer but only has mainecare. The stare will take the house when he passed and I’m trying to help him so it will be put in his children’s names as a trust.

Fred Bopp III
Fred Bopp III answered on Jul 13, 2021

This is a specialized area of the law and you would be best served by contacting and discussing your situation with a Maine attorney who has experience in this area.

1 Answer | Asked in Landlord - Tenant and Probate for Maine on
Q: Got a lease 10/1/20 for 1 year and month to month after. Landlord passed 01/21. Haven't heard a peep. He lived in NY.

I went as far as calling the bank, then calling the probate court,, getting the lawyers name, calling and leaving a voicemail and have not heard anything. Reecntly financial troubles arose I had to dip into the saved rent money and now do not have what I would technically owe. I am fearful someone... Read more »

Daniel J. Eccher
Daniel J. Eccher answered on Jul 13, 2021

You are in a very tenuous situation; you should be looking for a new home for both you and your parents that you can afford. It seems as if you have paid for repairs, but you have not guarantee that you will ever be reimbursed for that. Do you know how much the mortgage payments are? If you are... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can a landlord evict me after I took back property he stole from me?

I got a pressure washer for free one fall day with the landlords boyfriend. Stored it under the porch to my apartment. boyfriend then took it, told me he threw it away because he thought it was his. He pulled it out of his garage 2wks later asked me to check it over and see what it needed to work.... Read more »

Fred Bopp III
Fred Bopp III answered on Jul 12, 2021

You have not provided enough facts for me to answer your question. For example, do you have a written lease? Did the landlord provide you with a written notice to quit? If so, what did it say?

1 Answer | Asked in Civil Rights for Maine on
Q: I’ve used this shampoo for months how can I be apart of the class action
Fred Bopp III
Fred Bopp III answered on Jul 9, 2021

Without knowing the shampoo you used, I cannot help you. Please provide the name of the shampoo and I may be able to help you.

1 Answer | Asked in Personal Injury for Maine on
Q: I was injured in a fall in 2018! I tripped going into the hotel! My sneaker caught the metal lip on the entrance!

I broke my shoulder and smashed my rotator cuff! Had a reverse shoulder replacement! I still do not have very good control of my arm! Can I file a claim against the hotel?

Fred Bopp III
Fred Bopp III answered on Jul 9, 2021

You should contact an experienced personal injury lawyer to discuss your situation. Many offer free initial consultations.

1 Answer | Asked in Consumer Law for Maine on
Q: What do I do if I have any of the products in question? Thank you .
Fred Bopp III
Fred Bopp III answered on Jul 9, 2021

Without knowing "the products in question," I cannot help you. Please specify what they are.

1 Answer | Asked in Real Estate Law for Maine on
Q: I own 257 acres in Maine as Joint Tenants with another couple. We both have our own homes. Can I sell my half
Fred Bopp III
Fred Bopp III answered on Jul 9, 2021

Assuming the 257 acres are owned by all the joint tenants as one lot, no, you cannot sell your half of that property unless and until you divide the entire lot into two lots first, such that you alone own your "half." To do so, you would either need the consent of your other joint tenants... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: I own 257 acres in Maine as Joint Tenants with another couple. We both have our own homes. Can I sell my half
Fred Bopp III
Fred Bopp III answered on Jul 9, 2021

Assuming the 257 acres are owned by all the joint tenants as one lot, no, you cannot sell your half of that property unless and until you divide the entire lot into two lots first, such that you alone own your "half." To do so, you would either need the consent of your other joint tenants... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Criminal Law for Maine on
Q: left the scene of a pd accident no damage to property and not much to my vehicle either i was charged with class c

what can i expect to get when i go to court for this there also was no alcohol or drugs involved

Hunter J Tzovarras
Hunter J Tzovarras answered on Jul 3, 2021

The first court date is an initial appearance. The Judge will make sure you're aware of the charge and maximum penalties, which for a Class C felony charge is up to 5 years in prison and $5000 fine, the Judge will find out whether you're going to hire a lawyer, or ask to have a lawyer... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: In the state of Maine 3 class e thefts is a felony or is it 3 of them in a 10 year period that is a felony?

Like if I got a class e theft in 2004 then one in 2019 then one in 2021 could the new one be a felony? I have got conflicting reports on this. For 3 class e thefts to be a felony in Maine do they have to happen in a 10 year period?

Hunter J Tzovarras
Hunter J Tzovarras answered on Jun 28, 2021

It is 2 prior convictions for theft within 10 years of the present theft. The conviction date is the date you're found guilty and sentenced not the date the theft occurred. If there are 2 prior convictions before the alleged third theft then it can be charged as a Class C felony. The dates you... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: House Sale dilemma

My mom is trying to sell her house located in maine. There is a buyer and a 3rd party that is going to get a finders fee of $50000 because house is under contract for $140000. When she signed the contract she was told the 3rd party was going to buy house for $90000 if a buyer wasnt found, but their... Read more »

Fred Bopp III
Fred Bopp III answered on Jun 28, 2021

Generally speaking, the terms of the agreement will govern, and it is impossible for me to answer your question without reviewing the agreement. That said, if your mother is age 60 or older, she is an elder and elders have certain protections under state and federal law. You should consult with an... Read more »

1 Answer | Asked in Contracts for Maine on
Q: Hi, I signed a purchase and sale agreement on June 24th - land only - State of Maine- and I have buyer's remorse and

want out of it. Do I have a "grace period" in which to retract the offer?

Fred Bopp III
Fred Bopp III answered on Jun 28, 2021

The answer will depend on the terms of the purchase and sale agreement. Does it allow for the retraction of your offer? Also, there should be a section concerning termination of the agreement, which should list the allowable circumstances for termination. Assuming it does, then you would need to be... Read more »

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My partner died after 34 years living together I wasn't on the will.

My partner has two properties one in Maine and one in Florida

Fred Bopp III
Fred Bopp III answered on Jun 28, 2021

If you and your partner were either married or registered domestic partners under Maine law, then you likely have certain rights under Maine law, despite the terms of the will. If not, then unfortunately you likely do not have any such rights. You should consult with an experienced estate planning... Read more »

1 Answer | Asked in Estate Planning for Maine on
Q: My Mother lives in Maine, in her will she is going to sell her house to a "friend" for a very reduced rate.

He is now saying every improvement he did on the house while she has been living there he wants taken off the sale price that is in the will is that legal?

Fred Bopp III
Fred Bopp III answered on Jun 28, 2021

He cannot dictate the sale price for her house in the will; your mother provides the sale price. That said, he may be able to argue successfully that he is entitled to an offset or credit for the improvements he made to her house against the sale price, but if your mother knows how much of an... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: Is it legal to Not have representation? Also is it legal to not have been read the Miranda rights?

My friend was arrested without having investigation done and potentially assaulted by the officer who arrested him while being brought into the jail. The person in question filed a complaint and nothing has been done. He does have a bit of a mouth But they never served him his Miranda rights nobody... Read more »

Hunter J Tzovarras
Hunter J Tzovarras answered on Jun 19, 2021

In a criminal case, a person charged who is facing potential jail time has the right to a lawyer if he or she is unable to afford a lawyer.

It's illegal not to provide someone arrested with Miranda rights before questioning the person arrested. If Miranda is not provided before...
Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: I own a camp on Little Sebago with my brother. He wants to sell, I don’t. We have offered him half of assessed value.

He Wants full current market value, which I can’t afford. What aren’t options.

Fred Bopp III
Fred Bopp III answered on Jun 18, 2021

Ok, so you mean he wants you to buy out his interest at full current market value. Now I get it. You can make a counteroffer. You can point out if he has to file a partition action, those costs would be deducted from the sale proceeds. Also, if you both hired a real estate agent to sell the... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My brother wants to sell a lake property we own together. What are my rights?

I want to keep the property. He wants to get the highest sale price. I can't afford to go over a specific amount. He insists we sell to get highest market value. What are m rights?

Fred Bopp III
Fred Bopp III answered on Jun 18, 2021

I am sorry, but I am confused by your question. What do you mean by "I can't afford to go over a specific amount"?

If the dispute boils down to he wants to sell the property, but you do not, as a co-owner, you can refuse to sign a listing agreement or a deed to a potential...
Read more »

1 Answer | Asked in DUI / DWI for Maine on
Q: I was subpoenaed to testify over a year ago, court was cancelled due to covid. Now it's on docket for next week

And I havent been subpoenaed again, but lawyer called and said I had to go.

Fred Bopp III
Fred Bopp III answered on Jun 18, 2021

As a general rule, since you have already been subpoenaed, the subpoena would apply to a rescheduled court date. You could always call the Clerk of Court and ask them the same question.

1 Answer | Asked in Real Estate Law for Maine on
Q: This would be a question about Maine real estate contract law.

The seller has to withdraw from the sale of his home which is under contract. The seller was moving out of state to new job offering ,but the job offer was withdrawn. can the seller cancel the contract and remove his home from the market. buyers are trying to force the sale.

Fred Bopp III
Fred Bopp III answered on Jun 10, 2021

The answer will depend on the terms of the contract. If the contract allows the seller to terminate it for these reasons, then the seller can do so. If not, the buyers have the right to enforce the terms of the contract, which may well mean they can seek to force the sale (pursuant to the remedy of... Read more »

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