Maine Q&A by Practice Area

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Maine Questions & Answers
1 Answer | Asked in Estate Planning for Maine on
Q: In the state of Maine does a paramour have any legal right to remain in the residence after the boyfriend dies.

The 96 y/o lives in property he once owned but it has been his daughters for the past seven years. He has no interest in the real property not even a life estate. He has a live in gf and he drafted a will giving her everything. Can she stay In the residence for any amount of time ?? I know the... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 15, 2020

To start to analyze your question, I would need to know on what basis the 96 y/o is currently occupying the property. For example, is it pursuant to a lease with his daughter/the property owner? If there is a lease, the likely answer is its terms will govern.

1 Answer | Asked in Uncategorized for Maine on
Q: Can a landlord require your car be registered and insured to be parked in the driveway?
Tim Akpinar
Tim Akpinar answered on Nov 6, 2020

A Maine attorney would be able to advise best on this, but your post remains open for four weeks. There's no guarantee all questions are picked up, but you could have better chances of a response if you reposted under the Landlord-Tenant category. Good luck

Tim Akpinar

1 Answer | Asked in Family Law and Civil Rights for Maine on
Q: If I request for a lawyer in family court in Maine, can a judge tell me " You're not getting one"?
Joe Lewis
Joe Lewis answered on Nov 5, 2020

Hi there.

If it is truly a family court case (district court, FM docket number, title 19-A) then the judge is telling you a truth, however rudely he or she said it. There is no provision under Maine law for a party to get a free or court-appointed lawyer.

If you are needing help...
Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My name is on the deed with my ex husband but i am not on the loan. i live in the house and can not refinance on my owm

am i a successor? house was given to me in our decree. what options do i have?

Fred Bopp III
Fred Bopp III answered on Oct 21, 2020

It sounds like you will need to find a co-signer with good credit if you want to refinance. If the mortgage company will accept payments from you, then you can simply pay the mortgage each month and continue to live in the house. Failing that, you may need to consider selling the house to pay off... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: my landlord sold the place and when the lease was up the new owners never gave me a new lease and are now evicting us a

evicting us stating we are at will tenants

Fred Bopp III
Fred Bopp III answered on Oct 20, 2020

If your lease expired according to its terms, then you are tenants at will. That said, you may have some options and defenses available to you. I would suggest you read the information contained on this website:

Also, here is a...
Read more »

2 Answers | Asked in Real Estate Law for Maine on
Q: Can I buy land in Maine without a lawyer or anything of the sort.what do I legally need to do when buying land privately

I want to buy the land cash I have all the cash for the said land...I do not have a lawyer and neither does she..she just wants it gone and doesn’t wanna spend anymore money I’m not worried about any deed issues or anything as I said she’s a school teacher in town I live in I’m just... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 12, 2020

Your situation is exactly why you need an attorney. Hire a competent local attorney to conduct a title search, then prepare an enforceable Deed. There are title problems that cannot be cured, and you do not want to have one. The cost should be minimal.

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1 Answer | Asked in Copyright for Maine on
Q: I have images that are far past copyright. They have probably been used in image collections that are copyrighted.

Can I use them or are they now copyrighted?

Timothy John Billick
Timothy John Billick answered on Oct 4, 2020

What do you mean by "past copyright"? Are the images in the public domain? Please clarify your question. Thank you.

1 Answer | Asked in Real Estate Law for Maine on
Q: What is the required process for remotely buying a for-sale-by-owner home with cash in Maine?

We are out of state, and want to buy an inexpensive "as is" house in Maine. We want to complete the sale as simply as possible, and we do not intend to travel there for viewing or to sign documents. We're not asking for any contingencies (i.e. no inspection etc.), we just want to buy... Read more »

Fred Bopp III
Fred Bopp III answered on Oct 2, 2020

Although a title company can likely handle everything with respect to closing the sale (but not with respect to preparing a purchase and sale agreement), you are probably well-advised to speak with a lawyer about your situation, especially given that you do not intend to travel to Maine for... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: Is the landlord required to put a lien on the deed when you're in a rent to own home in Maine?

The documents that I signed clearly state that I'm responsible for the taxes on my mobile home. When I followed up with the town about why I have not gotten the bill, they told me that the landlord/seller (also owns the park) is keeping it in their name and is refusing to put it in my name.... Read more »

Fred Bopp III
Fred Bopp III answered on Sep 30, 2020

It sounds like what you are talking about is a land installment contract, the minimum contents of which are specified in 33 M.R.S. § 482.

33 M.R.S. § 482(1)(K) provides the land installment contract shall contain: “A statement which explains that the contract is not a mortgage and that...
Read more »

1 Answer | Asked in Probate for Maine on
Q: What do you do when a you cannot find a deceased persons deed to home and title to car?
Daniel J. Eccher
Daniel J. Eccher answered on Sep 28, 2020

In Maine, most deeds are available online at the county registry's web site:

A replacement for a lost car title can be requested from the Bureau of Motor Vehicles:

It may be helpful to consult with a...
Read more »

1 Answer | Asked in Banking, Contracts and Real Estate Law for Maine on
Q: Who pays when the bank forgets to deduct utilities from the sale of a house?

We closed on the sale of our house August 3, 2020. I called the utility company to find out what the final utility payment would be and was told the payment amount would be given to the realtor to be deducted from the proceeds of the house. The bank only deducted $100.00, not the total amount of... Read more »

Fred Bopp III
Fred Bopp III answered on Sep 16, 2020

Did you receive an extra $374.50 in sale proceeds because the bank only deducted $100.00, not the total amount of $474.50, from the sale proceeds? If so, then you have to pay the $374.50. That puts all parties where they should have been. Plus, your closing documents probably contain language... Read more »

1 Answer | Asked in Real Estate Law, Municipal Law and Probate for Maine on
Q: How to clear the house title

My gram passed (no will) and her husband passed 6 moths later (no will step kids only) After she passed he never titled the house in his name. the hiers from my gram are all on the same side. gramps parents and siblings are all passed. Does the title to the house stay with my grams estate since he... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

Hire an attorney in Maine to conduct a title search. You have not stated what estate the grandparent had. Once the title is determined, then the heirs at law are determined. Heirship needs to be determined up to the present, and these are owners as tenants in common. A complex Affidavit of... Read more »

1 Answer | Asked in Divorce for Maine on
Q: getting divorced, can my spouse and i write our own settlement agreement and does it get filed with the divorce?
Robert Guillory Esq
Robert Guillory Esq answered on Sep 14, 2020

You can write your own settlement agreement and send it to the court. if the courts accepts it it will make it part of the divorce judgment. Before sending in the settlement agreement i would suggest you have a family law attorney review it, especially if you have minor children and/or real estate... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: Can i be arrested if i ignore banishment from reservation
Hunter J Tzovarras
Hunter J Tzovarras answered on Sep 8, 2020

I am not aware of any State of Maine criminal statute that would apply; however there may be a tribal law that applies. I'd need to know more information before the situation and what tribal jurisdiction to give you a complete answer. Thanks

1 Answer | Asked in Divorce for Maine on
Q: Separated for 6 yrs Ex remained in marital home. Now filing joint and asking for 1/2 equity but ex refuses.

What should I do?

Robert Guillory Esq
Robert Guillory Esq answered on Aug 31, 2020

its hard to answer this question because i don't know what now filing joint means. Are you talking about a tax return? i also dont know what you mean by 1/2 equity.

2 Answers | Asked in Business Law and Divorce for Maine on
Q: My wife get a loan for a building before we got married after a month we got married and we made it business and house.

Back then we said we will have the business and the building 50-50. We spend a lot of money to make it restaurant because was offices and the top floor we made it apartment with bathroom and everything. She never paid a penny before we got married she just get the loan on her name before and... Read more »

Albert Hansen
Albert Hansen answered on Aug 18, 2020

Yes, you have an equitable interest in the property and should be compensated.

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1 Answer | Asked in Employment Law and Employment Discrimination for Maine on
Q: Can a manager legally hold a berevment leave against a co worker?

So my wife is a supervisior for a department at a hospital. So, in March she went out on leave because her dad was dying and returned back in late July. While she was out, her boss allowed the workers to pretty much do whatever they wanted and didnt hold them accountable for anything. Now that my... Read more »

Kyle Anderson
Kyle Anderson answered on Aug 14, 2020

There isn't really anything to be done in this situation from a legal standpoint. It is unfortunate that your wife is being placed in a difficult situation and is without assistance from her manager but I don't see anything unlawful here based on the facts presented. Was your wife taking... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Foundation falling in, no lease, landlord giving us no info

foundation was never safe, tenants werent aware, landlord made them leave, gave them a house to stay in that he is trying to rent out, he is still showing it and will not let us rent it. Tenants not sure if landlord could just make them leave and be done, they have 3 kids and the landlord had let... Read more »

Fred Bopp III
Fred Bopp III answered on Aug 13, 2020

Sorry, but I would need a clearer explanation of the facts before I could venture an answer.

2 Answers | Asked in Family Law and Adoption for Maine on
Q: I am located in Maine my ex is willing to sign rights over to my son to my fiancé Do we have to be married first?

I know some states require a set amount of time the couple has to be married before allowing the adoption but we want our family adopted and whole before we do a wedding

Joe Lewis
Joe Lewis answered on Aug 12, 2020

Congratulations on your impending life events!

Maine has no requirement for adoptive parents to be married.

The situation you describe is a classic set-up for what we call a "consented-to adoption." Your fiance will need to file an adoption petition at the county probate...
Read more »

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1 Answer | Asked in Contracts for Maine on
Q: If I entered a contract to purchase the home but the seller did not have the title to complete the close on our agreed

Closing date. Is the contract null and void. Can I legally chose not to move forward with the purchase of the home and look for another property?

Fred Bopp III
Fred Bopp III answered on Aug 4, 2020

The answer will depend primarily, if not entirely, on the terms of your contract with the seller. What does it say about the consequences of the failure of the seller to deliver title on the closing date? That may give you the right to cancel the contract. If you have a broker, you should be... Read more »

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