Maine Q&A by Practice Area

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1 Answer | Asked in Probate for Maine on
Q: can legally married but long separated sister-in-law and adult grandchild get inheritance from mom's estate ?

My mom's Will states house/property to be divided equally between myself and 2 siblings. One sibling has deceased. The will states if a child predeceases my mother (which he did) their part will be equally divided between remaining siblings. My deceased sibling was separated many years but still... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2019

If your mom’s will truly was written the way you described it, no, the wife has no chance of inheriting.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My boyfriend is going to be charged with a disorderly conduct

We live in state housing and he is on the lease can the landlord kick him out?

Fred Bopp III
Fred Bopp III answered on Nov 25, 2019

You need to look at the terms of your lease.

1 Answer | Asked in Real Estate Law for Maine on
Q: my Landlord threw away my stuff while I’m still paying rent , what do I do.

My apartment unit comes with additional storage in the attic of the building . Most of the other tenants do not utilize this storage, so most of the storage units are empty. Only a few of the storage units are actually labeled by apartment number, but when I went to put my belongings into storage,... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 23, 2019

Yes, but more facts are needed to assess your situation properly. For example, did you notify your landlord that you were using a storage unit that was not labeled for your apartment unit? I’m assuming you did not. If the landlord thought the property belonged to another tenant who vacated... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: I filed a summons with notice in NY.Defendant ignored Summons & filed complaint in Maine based on same dispute.allowed?

The summons with notice was filed in NY for a breach of an LLC operations agreement. The defendant ignored the summons and instead, filed a separate complaint in a different state - in Portland, Maine, which arises out of the same transactions or occurrences that are the subject matter of the NY... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 20, 2019

The short answer is, “it depends.” I would need to know more facts and details to provide a more precise answer. That said, you should keep a few general principles in mind. First, what you are describing may be called either parallel or duplicative litigation, depending on whether the... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: We’re building our home. We are paying cash 4 everything. The land & home will be debt free. Do we need an occ permit?
Fred Bopp III
Fred Bopp III answered on Nov 19, 2019

You should contact your local municipal office to confirm, but the answer is likely yes, you will need a certificate of occupancy. 25 M.R.S. § 2357-A, titled "No occupancy without certificate; appeal," provides as follows: "A building in a municipality of more than 2,000 inhabitants may not be... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: If someone owed 2 months back rent does the landlord have to give back the deposit?

I brought them to court to have them removed. They still owe me rent plus late fees plus repairs. They are telling me I have to give back the deposit. I don't agree.

Fred Bopp III
Fred Bopp III answered on Nov 13, 2019

Depending on the numbers involved, you are likely correct. In a residential lease situation, the landlord can keep all or part of the tenant’s security deposit if there are damages to the property that aren’t just “normal wear and tear” and/or the tenant owes the landlord rent when the... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Do I have to give someone renting a room in my house a key to my garage?

My father allowed my brother to come stay with him for a couple months while he was looking for his own apartment. During that time, my father passed away. I inherited the house and now my brother is renting a bedroom from me, there is no lease. He insists that I give him a key to my garage and has... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 13, 2019

I am assuming you are now the sole owner of the house and your brother is a tenant at will under an oral agreement with you. In these circumstances, I don’t see any reason why you would need to give him a key to the garage, especially since you are allowing him to access the items he has in... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Do we have a legitimate claim against the inspection company?

We purchased a home in Cumberland County Maine a few months ago. After we closed on the property, we noticed a sag in the roof. This is was never disclosed in the home inspection report. The seller hired the home inspector, not us. It seemed thorough, so we relied on that and went ahead with... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 12, 2019

You may have a legitimate claim against the inspection company, but it will depend on the development of further facts. These types of claims are very fact-specific and can be expensive and difficult to litigate.

1 Answer | Asked in Criminal Law and Federal Crimes for Maine on
Q: If a 17 year old boy commited simple arson but it was his first offence of arson how may years in jail will he get

He's 17 he's had probations and has gotten into trouble before but never with arson

Hunter J Tzovarras
Hunter J Tzovarras answered on Nov 9, 2019

If he is charged as a juvenile, the maximum penalty could be a commitment to the juvenile jail until the age of 21. It does not mean he would receive this but that would be the maximum. If the State is able to bind him over and charge him as an adult, the maximum penalty for arson is 30 years in... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: I signed a contract for deed in feb 2017. The "owner" refinanced my house twice since . Wont allow me to pay it off.

Been paying faithfully for almost 3 yrs... including taxes

She did not record our contract, nor does she have the deed. Do I have recourse?

Fred Bopp III
Fred Bopp III answered on Nov 7, 2019

I am sorry, but there aren’t enough facts in your question to allow me to answer it. Perhaps it would be more efficient and helpful for you to call our office at your convenience at 846-6111 and ask for my partner, Cecilia Guecia?

1 Answer | Asked in Criminal Law and Traffic Tickets for Maine on
Q: how do I find out if there is a warrant out for my brother who lived in Maine
Hunter J Tzovarras
Hunter J Tzovarras answered on Oct 30, 2019

You can contact the court where the charge is and ask. If it's an arrest warrant it may be sealed until he's arrested so you would not be able to find out through the court. Typically only warrants for failure to appear in court are public record. Arrest warrants for new cases are typically sealed... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Are brokers in Maine obligated to provide a disclosure for known hazardous materials in a bank owned property?

We purchased a bank owned foreclosure and discovered the attic has visible asbestos containing vermiculite insulation.

Fred Bopp III
Fred Bopp III answered on Oct 22, 2019

33 M.R.S. § 172(3) provides: "[t]he following transfers are exempt from this subchapter: . . . 3. Power of sale. Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by any... Read more »

1 Answer | Asked in Estate Planning for Maine on
Q: my dad's estate which is his house has gone into probate. waiting the 4 months to make sure no creditors. If we sell

the house before and put money away but a creditor comes back for more $ than the house sold is the estate liable?

Fred Bopp III
Fred Bopp III answered on Oct 21, 2019

I am sorry for your loss. If the creditor received proper notice under 18-C M.R.S. § 3-801(1), Notice to creditors, and failed to present its claim within 4 months after the date of the first publication of the notice, then this statute provides that creditor’s claim is forever barred. Your... Read more »

1 Answer | Asked in Immigration Law for Maine on
Q: Can my husband sponsor himself?
Stephen Arnold Black
Stephen Arnold Black answered on Oct 21, 2019

Discuss your case with counsel. Many more facts are needed.

1 Answer | Asked in Government Contracts for Maine on
Q: Are road building contractors required to be certified by the state?

Contractor rebuilding a road in town, wondered if there are licensing or certification requirements?

Tim Akpinar
Tim Akpinar answered on Oct 14, 2019

A Maine attorney could answer you best, but your question remains open for two weeks. You could check with the Maine Department of Transportation to see if they offer information/resources for contractors. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation for Maine on
Q: If my boyfriend and I are named on a lease and he only signed it does that also make me responsible for payment?

We have moved out of the place and I never signed the lease but he did. Now they want back rent from both of us. Do I have to pay since I didn’t sign the lease?

Fred Bopp III
Fred Bopp III answered on Oct 5, 2019

Generally speaking, if you did not sign the lease, it means the landlord may not be able to pursue a breach of contract claim against you. That said, the landlord would likely have claims against you for unjust enrichment and/or what is called quantum meruit. To establish a claim for unjust... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: Can someone in a subdivision tart a dirt road without getting permission from the property owners the road pass by?
Fred Bopp III
Fred Bopp III answered on Sep 18, 2019

I would first start by looking at the relevant subdivision documents to see what they provide. Likely, your answer is in those documents.

1 Answer | Asked in Collections for Maine on
Q: Should I get half the money

A friend and I went together and bought jewelry lots and now she’s sold all of it so I’m asking if I have a right to half the

Money she got since I paid half

Fred Bopp III
Fred Bopp III answered on Sep 18, 2019

Did you have an agreement as to how the proceeds from the sale of the jewelry lots would be split? If so, that would control. If not, I think you would at least have a good argument that, since you provided half of the funds needed to acquire the jewelry lots, you should receive half of the... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for Maine on
Q: Contributing to someone's death in a hospital .. I need to know who to talk to or what to do ?

I have a video that will show the proof of adding to the medication on top of the hospitals medication which caused the patient to overdose

Hunter J Tzovarras
Hunter J Tzovarras answered on Sep 17, 2019

If this is a case involving medical negligence, you should contact a medical practice lawyer. I do not handle medical malpractice claims. Sorry I can't be more help on this. Thanks

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Maine on
Q: I'm buying a modular lot model. 2 months since mortgage finalized and home not delivered as promised. What can I do?

When we started the process we agreed to buy the display model because we were promised a fast turnaround before school starts. Now they are saying it won't be until next week after 2 months of struggling to even get a date scheduled. They had originally said the week of August 19th but never... Read more »

Fred Bopp III
Fred Bopp III answered on Sep 10, 2019

Assuming you have a written contract with the seller of the modular home, typically the terms of that contract would govern your available rights and remedies under the circumstances.

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