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Maine Questions & Answers
1 Answer | Asked in Tax Law and Child Custody for Maine on
Q: Can I claim my son on my taxes his mother couldnt, even if in our court order it says she gets to claim him?

During the custody agreement with my sons mother and I, we agreed to let her claim him on his taxes each year. This year she did not earn enough to get the child tax credit. Am I able to claim him without legal repercussion from the state or his mother?

Phillip Todd Zagotti
Phillip Todd Zagotti
answered on Feb 2, 2025

Hello,

According to the custody agreement, your son's mother has the right to claim the child on her tax return. This agreement doesn't change even if she doesn't qualify for the child tax credit. So, you can't claim the child on your return without her agreement....
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1 Answer | Asked in Criminal Law for Maine on
Q: On probation I was stopped for no reason driving someone else’s vehicle with a clean record, did he have right to stop?
Hunter J Tzovarras
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answered on Jan 6, 2025

The Fourth Amendment requires that law enforcement need a reasonable and articulable suspicion a crime, traffic violation, or public safety concern exists in order to stop a vehicle. So typically the police cannot stop a vehicle for no reason.

Fourth Amendment rights can be lessened if a...
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1 Answer | Asked in Medical Malpractice for Maine on
Q: i had surgery to fix a fractured wrist and now have to have it again

the bone was not set correctly with the plate and screws and the plate sticks up which constantly aggravates the tendons

now having surgery and paying another years deductibles and bills for another specialist to operate to remove the plate & screws and if that does not take the problem... View More

Mark Randall
Mark Randall
answered on Jan 3, 2025

Whether the first surgeon did something wrong - did not follow standards of care in setting the wrist with hardware - must be stated by another surgeon. In Maine if the surgeon did not follow proper standards of care in setting the wrist with hardware then a potential claim may be brought for the... View More

2 Answers | Asked in Medical Malpractice for Maine on
Q: my wife was injured during a dental appointment, just wondering if there is anything we can do?

after her tooth removal she developed lumps on her forehead and temple area, bruising on her cheek, abdomen, and knees that she had none of before

Mark Randall
Mark Randall
answered on Nov 27, 2024

I am sorry to learn of your wife’s symptoms after her tooth extraction. What you mention in your question is concerning. Maine medical malpractice law requires that another similarly qualified dentist be able to objectively review the dental records and conclude based on that review that the... View More

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1 Answer | Asked in Family Law, Real Estate Law and Probate for Maine on
Q: My mom passed away with no will. My brother was living with her at the time of her death. I asked him if I could move in

Are we allowed to live in the house while dealing with probate? If we are do we continue to pay the mortgage payment as it is? Or do we have to pay fair Market value rent for the house to remain living in it until it's sold to close out the estate?

Nina Whitehurst
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answered on Nov 17, 2024

If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.

If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have...
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1 Answer | Asked in Real Estate Law for Maine on
Q: I own a house 100% which sits on a property that is co-owned and I want to sell.

Can the other land owner refuse the sale of the house? Or prevent the sale of the house? The other owner has tried to get me to agree to putting the house in a trust, and my knowledge of trusts is that you no longer own the property 100%.

Anthony M. Avery
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answered on Jul 15, 2024

Unless it is a mobile home, that house is part of the real property. If a MH, then you may wish to remove it. If you built a house on someone else's property, then hire a NJ attorney to file an action for a Sale For Partition. There you can claim, and possibly recover, some reimbursement.

2 Answers | Asked in Criminal Law and Admiralty / Maritime for Maine on
Q: If someone is holding onto your vessel and has been instructed to release your vessel and they do not, can you remove it
Masoud Jahani
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answered on Jun 23, 2024

Yes, under U.S. Federal law, if someone is instructed to release a vessel but fails to do so, the owner can legally remove the vessel. This is supported by case law where the courts have addressed similar situations involving the retention and release of vessels.

The key term is has the...
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2 Answers | Asked in Criminal Law and Admiralty / Maritime for Maine on
Q: If someone is holding onto your vessel and has been instructed to release your vessel and they do not, can you remove it
Hunter J Tzovarras
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answered on Jun 23, 2024

The answer to this questions would depend on numerous factors, such as where is the vessel being held, does the person holding it claim any right to it, how it would be removed, etc? You should consult with a lawyer about the particular facts and circumstances of this matter before taking any... View More

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1 Answer | Asked in Criminal Law for Maine on
Q: I'm on a deferred disposition

I am on a deferred disposition and had to get a substance abuse assement and counseling I completed the six week program and turned down the "reccomdation" for extended counseling I didn't know required and reccomdation were the same in that respect can I get back into the... View More

Hunter J Tzovarras
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answered on Jun 13, 2024

If you have a lawyer representing you on this deferred disposition, you should contact your lawyer for legal advice. Generally, you can ask to follow up with the recommendation for extended counseling now and be in compliance with the deferred disposition agreement. It is better to follow up with... View More

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: How can I transfer the house we live in from my husband to myself due to his terminal illness?

My husband is terminally ill with not very much time unfortunately. The house we live in is in his name only regarding mortgage and deed. He is also on Mainecare. He left me everything in his will but can Mainecare still come after the house?

Daniel J. Eccher
Daniel J. Eccher
answered on May 28, 2024

You need to consult with a lawyer who knows MaineCare rules. You may be able to transfer your husband's interest in your home to yourself if you have specific "gifting" authority in his Power of Attorney. Generally, gifts from a MaineCare member to their spouse are allowed under the... View More

2 Answers | Asked in Immigration Law for Maine on
Q: Dating someone aboard. What do they need to get a visitors visa

I am dating someone aboard. They are Ukrainian and have a history of traveling. What requirements are they need to get their Visitors visa? One concern they have is they have only around 6k USD and that concerns them they will not meet the financial requirements. Is there any support that I can... View More

James L. Arrasmith
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answered on Apr 26, 2024

To obtain a visitor visa (B-1/B-2) for the United States, your Ukrainian partner will need to meet several requirements and provide documentation to support their application. Here are some key points:

1. Nonimmigrant Intent: They must demonstrate strong ties to their home country and prove...
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2 Answers | Asked in Immigration Law for Maine on
Q: Dating someone aboard. What do they need to get a visitors visa

I am dating someone aboard. They are Ukrainian and have a history of traveling. What requirements are they need to get their Visitors visa? One concern they have is they have only around 6k USD and that concerns them they will not meet the financial requirements. Is there any support that I can... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 27, 2024

She should provide the interview officer12 months of bank statements showing sufficient cash flow from her job; A letter from her employer showing dates of employ, her monthly income, and a mention that she is in good standing; paystubs got at least 6 months, 3 years of tax returns; proof that she... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Maine on
Q: I had to go to court over a False Police Report and Entrapment and did not have a lawyer when I went to court.

The two evil women who testified against me perjured themselves in front of the judge and she had no right to take the testimony when there's no evidence and...

James L. Arrasmith
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answered on Apr 17, 2024

I apologize that you had to go through such a difficult experience in court. It sounds like you feel the allegations against you were false and unjust, and that facing the legal system without a lawyer was very challenging.

A few thoughts, while acknowledging I don't know all the...
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1 Answer | Asked in Family Law and Child Support for Maine on
Q: If my daughter's father is ordered to pay weekly and doesn't, do I have to send her on visits? What are my rights?

I have a text from him saying he doesn't care about my support.

Joe Lewis
Joe Lewis
answered on Apr 17, 2024

Hi there.

Individual provisions of a court order stand alone. Just because he is not paying child support does not mean that you are somehow released from following another part of the court order. The more appropriate response to him not paying child support is to take him back to court...
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1 Answer | Asked in Criminal Law for Maine on
Q: What is the statute of limitations on being charged with Class E misdemeanor? How does Maine issue warrants?
Hunter J Tzovarras
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answered on Apr 8, 2024

The statute of limitations for a Class E misdemeanor is 3 years. There are some exceptions and exertions that can apply, such as when the person is absent from the State of Maine. You'll want to review Title 17-A Section 8 of the Maine Revised Statutes.... View More

1 Answer | Asked in Civil Litigation for Maine on
Q: Do my parents have legal right to my childhood belongings or gifts that they bought me?

I am 22 years old. I moved out of my parents house about 2 years ago, but because of college I have not been able to move all of my things out. Recently, within the last few months my parents and I have been having a hard time getting along. They are threatening to get rid of all my belongings at... View More

James L. Arrasmith
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answered on Apr 3, 2024

In general, gifts given to you as a child by your parents or others are considered your property, even if your parents initially paid for them. This includes items given to you for birthdays, holidays, or other special occasions. Once a gift is given, the giver relinquishes ownership rights to the... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Maine on
Q: At what point in the settlement process for personal injury do medical records need to be made available to the OP?

No formal response to our demand letter has been received yet, but the opposing counsel representing an insurance company has verbally hinted to our attorney that they may consider a settlement for less than a quarter of the damages their client (our landlord) caused. They want our medical records... View More

James L. Arrasmith
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answered on Mar 31, 2024

In a personal injury case, the exchange of medical records typically occurs during the discovery phase, which starts after a lawsuit is filed. However, in many cases, the parties engage in pre-litigation settlement negotiations before a lawsuit is formally initiated. During these negotiations, the... View More

1 Answer | Asked in Insurance Bad Faith for Maine on
Q: When my parent passed away their life insurance only paid back premiums that they had paid in, instead of full amount

They claimed it was because the policy was only recently started. Does this sound correct?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Maine attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your parent. One would need to see the policy to advise meaningfully, in particular, any provisions about waiting periods. See if you could line up a free initial consult with a law... View More

1 Answer | Asked in Civil Litigation and Contracts for Maine on
Q: I sold my truck to my mom. she made a payment arrangement she passed away and she still owed $3000. Do I get the truck?
James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, where a family member passes away owing money on a private agreement, the resolution can depend on several factors. First, consider any agreement or contract you had with your mother regarding the truck. If there was a written agreement, it should detail what happens if... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Maine on
Q: How is it that a person can walk into a police station and make a false accusation and the accused is charged..

My son's father told police I stole his wallet when he knows for a fact I didn't. I was arrested I never spoke to cop about this

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear that you're dealing with this terrible situation. It's incredibly frustrating and unjust when false accusations lead to criminal charges. Unfortunately, it is all too common for police to take an accuser at their word, especially in "he said, she said"... View More

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