Maine Questions & Answers by Practice Area
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Maine Questions & Answers
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.
Q: Ex can no longer pick up our child during one of the court appointed visits. Do I have to give him a new day and time?
Edward Chris L'Hommedieu's answer
Simple answer - the Court Order controls.
That said, my #1 rule in family cases is "be nice". If you can accommodate a different schedule it is the moral thing to do. If the other party is being entirely unreasonable, then you don't have any obligation to accommodate them.
Just ask yourself this: "If I was in their shoes, what would I hope for, and is it reasonable?"... and think about the child. What do they want?
There's a lot at stake here - a child that needs...
Simple answer - the Court Order controls.
That said, my #1 rule in family cases is "be nice". If you can accommodate a different schedule it is the moral thing to do. If the other party is being entirely unreasonable, then you don't have any obligation to accommodate them.
Just ask yourself this: "If I was in their shoes, what would I hope for, and is it reasonable?"... and think about the child. What do they want?
There's a lot at stake here - a child that needs...
Q: When filing for child support in the state of Maine does the court count the income of the spouse who is not the parent?
Edward Chris L'Hommedieu's answer
Very very very rarely. In 20 years, I've never seen it apply. They would literally have to be wildly rich.
Very very very rarely. In 20 years, I've never seen it apply. They would literally have to be wildly rich.
Q: if I go with somebody and else and my parents call the police on me do they have to take me back home to my parents?
Edward Chris L'Hommedieu's answer
That depends on your age and maturity.
If you are 10, then yes, police will apply pressure for you to go home. And they'll call DHHS.
If you are 17, different story.
You can apply for emancipation and the court will give you a court-appointed lawyer assuming you have no assets.
Sorry you're going through this...
That depends on your age and maturity.
If you are 10, then yes, police will apply pressure for you to go home. And they'll call DHHS.
If you are 17, different story.
You can apply for emancipation and the court will give you a court-appointed lawyer assuming you have no assets.
Sorry you're going through this...
Q: I was rear ended at a stop light and was injured by a driver that never stopped. physical therapy starts next week
David Alan Wolf's answer
Typically, a check issued for property damage does not serve as a release for the personal injury claim. It is best to get the advice and review by a local personal injury injury before taking further action. Insurance companies are well represented by attorneys. You should be represented as well.
Typically, a check issued for property damage does not serve as a release for the personal injury claim. It is best to get the advice and review by a local personal injury injury before taking further action. Insurance companies are well represented by attorneys. You should be represented as well.
Q: My husband and I just moved from NC to Maine. We have lived in Maine two weeks. Where do I file for legal separation?
Joe Lewis' answer
Actually, there is no 6-month minimum for a judicial separation as there is with divorce. The only requirement other than being married is that you plan on living apart or have already lived apart for 60 consecutive days. The other differences between divorce and legal separation are pretty nuanced. You should ask a family lawyer directly!
If you want to straight-up get divorced, you will have better luck with NC, but even that might not really work if you both now live here in ME.
Actually, there is no 6-month minimum for a judicial separation as there is with divorce. The only requirement other than being married is that you plan on living apart or have already lived apart for 60 consecutive days. The other differences between divorce and legal separation are pretty nuanced. You should ask a family lawyer directly!
If you want to straight-up get divorced, you will have better luck with NC, but even that might not really work if you both now live here in ME.
Q: I am in a lease/option contract. The owner and I have found a buyer and is under a contract. Doesn't that void mine?
1 Answer
| Asked
in
Contracts, Landlord - Tenant and Real Estate Law
for
Maine
on
Answered on Feb 22, 2018
Answered on Feb 22, 2018
Elliott R. Teel Esq's answer
More information is needed to really answer this question. The contract would need to be reviewed to determine if it was valid to begin with, or if there has been a breach.
Depending on the problem with the title, it may not be worth exercising your option right now.
More information is needed to really answer this question. The contract would need to be reviewed to determine if it was valid to begin with, or if there has been a breach.
Depending on the problem with the title, it may not be worth exercising your option right now.
Q: I got hurt at work and had to lie down to try to help my back boss walked in and thoght I was sleep he did not let me ex
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Maine
on
Answered on Feb 21, 2018
Answered on Feb 21, 2018
Salim U. Shaikh's answer
Immediately get a doctor's opinion and report be shard with your Attorney of local jurisdiction for specific advice and guidance. Your due process rights were violated beside human rights and discriminatory treatment.
Immediately get a doctor's opinion and report be shard with your Attorney of local jurisdiction for specific advice and guidance. Your due process rights were violated beside human rights and discriminatory treatment.
Q: I’m an only child who’s dad passed away. Can I give permission for one of his siblings to help me make decisions?
1 Answer
| Asked
in
Workers' Compensation, Lemon Law, Probate and Wrongful Death
for
Maine
on
Answered on Feb 11, 2018
Answered on Feb 11, 2018
Peter Munsing's answer
Suggest you contact an elder law attorney as they handle similar issues. You can get them to be able to make decisions but you first want to protect yourself which is why I suggest an elderlaw attorney. They should be a certified elder law attorney.
Suggest you contact an elder law attorney as they handle similar issues. You can get them to be able to make decisions but you first want to protect yourself which is why I suggest an elderlaw attorney. They should be a certified elder law attorney.
Q: If I marry a UK citizen in London, what's the process for bringing my wife to live here?
Randall Drew's answer
You will have to file a petition for her to immigrate to the United States. She cannot fly back with you after the marriage ceremony. It actually takes several months for a petition to be approved by USCIS. Then she has to apply for a visa with the US Department of State. There is a medical exam, police clearances, and an interview at the US Embassy. Then they will send her back her passport with the visa in it. She has to then go online and pay a fee to have her greencard produced before she...
You will have to file a petition for her to immigrate to the United States. She cannot fly back with you after the marriage ceremony. It actually takes several months for a petition to be approved by USCIS. Then she has to apply for a visa with the US Department of State. There is a medical exam, police clearances, and an interview at the US Embassy. Then they will send her back her passport with the visa in it. She has to then go online and pay a fee to have her greencard produced before she...
Q: I recently rented an apartment for the price of 1,300 a month and I cant finish the lease can I go to court for that?
Salim U. Shaikh's answer
If your notice was within the stipulated time then you may move out to your new location handing over the possession and key to her witnessed by other(s). She is bound to reimburse your deposit, if any.
If your notice was within the stipulated time then you may move out to your new location handing over the possession and key to her witnessed by other(s). She is bound to reimburse your deposit, if any.
Q: My wife and I have an amicable agreement regarding marital property and money. Do we still have to fill out form 43?
Joe Lewis' answer
Not necessarily. There is a form on the court's website called "Certificate in Lieu of Financial Statement" that enables you both to tell the court that there is no need to fill out the FM-043 form because you agree on all the financial issues.
Congratulations on getting this done amicably!
- Joe
Not necessarily. There is a form on the court's website called "Certificate in Lieu of Financial Statement" that enables you both to tell the court that there is no need to fill out the FM-043 form because you agree on all the financial issues.
Congratulations on getting this done amicably!
- Joe
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