Maine Questions & Answers by Practice Area


Maine Questions & Answers

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?

1 Answer | Asked in Landlord - Tenant for Maine on
Answered on Jan 23, 2018

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.
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Q: My wife and I have an amicable agreement regarding marital property and money. Do we still have to fill out form 43?

1 Answer | Asked in Family Law for Maine on
Answered on Jan 22, 2018

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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Q: Grandfather died,left everything to my deceased father. My cousin wants me to sign a non-compete form. Why?

1 Answer | Asked in Family Law and Probate for Maine on
Answered on Jan 22, 2018

You totally have something to do with it ... if you want to inherit the crappy home trailer and anything else that might be in your grandfather's estate. Based strictly on what you are sharing here for information, it seems like you (and any of your siblings) are in line to inherit your father's share of the estate.

There is no such thing as a non-compete form in Maine probate law, so I don't know what that's all about. I do believe, however, that your cousin and your grandfather's...
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Q: Is there such thing as a childs fair share in maine? My brother was my mothers P>O>A and she passed a month ago.

1 Answer | Asked in Probate for Maine on
Answered on Jan 16, 2018

Your questions bring up a number of issues. In answer to your first question: generally, yes, each child should share equally in someone’s estate, unless the person who died indicated that one or more children should not share in the inheritance. In your specific case, based on your second question, you seem to be questioning your brother’s actions as your mother’s agent under power of attorney during her lifetime. An agent under power of attorney has a fiduciary duty to the principal (in...
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Q: what kinds question I ask in probate court ?

1 Answer | Asked in Probate for Maine on
Answered on Jan 2, 2018

I'll make three points: First, if your attorney has entered her appearance on your behalf with the probate court, she needs the court’s permission to withdraw, except in limited circumstances. If the court grants that permission, the court should also be willing to grant you a “Motion to Continue” – that is, to delay any upcoming hearing (assuming you want it delayed) – that would give you a) more time to find a new attorney and/or b) more time to prepare.

Second, you should...
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Q: What should you do when you know that your ex has lied/omitted financial information on a child support affidavit ?

1 Answer | Asked in Child Support and Family Law for Maine on
Answered on Dec 26, 2017

Hi there.

The only financial information on the child support affidavit that always matters is gross income. The definition of gross income is a hotly litigated issue in a lot of child support cases. The relevant statute can be found here: http://www.mainelegislature.org/legis/statutes/19-A/title19-Asec2001.html (subsection 5)

Other financial information can also come into play in a child support case because Maine law allows for a deviation from guideline child support...
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Q: what is the statuet of limitations about a girl claimed i threatened her 24 years ago in maine at work which was a lie w

1 Answer | Asked in Employment Law and Criminal Law for Maine on
Answered on Dec 26, 2017

Did she define her real threat 24 years ago? Or just blackmailing for ....? She may lose her claim provided her contention was to keep in abeyance for certain time but that's only applicable where there is a real life threat. Please check your employer's administrative / HR rules if that forego limitation period which is indefinite for threats that she assumed.
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Q: My dog bit my wife when I had my children and the Mom is refusing my visitation because of it. What can I do?

1 Answer | Asked in Family Law for Maine on
Answered on Dec 18, 2017

As always, if you have court-ordered rights to visitation and your co-parent is getting in the way of that happening, you can simply take her back to court on a motion to enforce or a motion for contempt. If this is a persistent thing, or part of a larger co-parenting problem, you may wish to consider getting a new order by way of a motion to modify.

That said, it sounds like your children's mom is pretty freaked out by an incident that directly involves your children's environment. I...
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Q: Married live in Maine everything is in husbands name only. In his will it all goes to me. Problems??

1 Answer | Asked in Probate for Maine on
Answered on Dec 13, 2017

“Joint tenancy with rights of survivorship” would be at least more convenient for you as to title to the house, CU account, and cars. If that were the case, you could avoid having to open your husband's estate in Probate Court to transfer title to those assets if he were to predecease you.

If he needs assisted living or nursing home care before you do, it would be better for him to transfer assets to your name alone so that he’d be eligible for MaineCare - but he can do that when...
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Q: I'm on ss disability, I took out a signature loan. bankruptcy or singe off?

1 Answer | Asked in Bankruptcy for Maine on
Answered on Dec 10, 2017

Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or another legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child...
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Q: would A government student loan be included in bankruptcy or I can’t file bankruptcy on a government loan?

1 Answer | Asked in Bankruptcy for Maine on
Answered on Nov 29, 2017

Federally backed student loans are not dischargeable in bankruptcy, unless you can prove hardship (which has a high threshold that you don't seem to meet). Most likely, you would still owe this debt after a chapter 7 bankruptcy case. You should speak to a local bankruptcy attorney to confirm this.
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Q: If my sister is Durable Power of Attorney can she change my parents living will?

1 Answer | Asked in Estate Planning for Maine on
Answered on Nov 27, 2017

It sounds like you may be concerned that your sister may be taking advantage of your father’s assets. Your first concern should be about your father’s well-being. You could make a report to Adult Protective Services at 1-800-624-8404, but they only get involved in the most serious cases. You could also call Legal Services for the Elderly at 1-800-750-5353.

You may also want to contact a private attorney with experience in elder law and probate court practice. A private attorney...
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Q: Can I bring my Filipina wife's little sister to the States?

2 Answers | Asked in Immigration Law for Maine on
Answered on Nov 16, 2017

You can't file a family based petition for her like you could for your wife. When your wife becomes a citizen of the United States she could file for her but that takes a VERY long time to result in resident status.

When you say little sister, does that mean school age? She might be able to come over temporarily as a student for a number of years.
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Q: When answering to served divorce papers do I need a lawyer. Not contesting them. Summons from Maine district court

1 Answer | Asked in Divorce for Maine on
Answered on Nov 5, 2017

A non-contested divorce is a simple method for divorce provided issue of child (if any) custody, support, parenting, visitation, etc.are also to be settled having its bearing on both parents. In that case one must be represented by an Attorney to fairly settle these issues.
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Q: what do I need to do to change custody from shared to sole when the other parent has agreed to sign off in Maine?

1 Answer | Asked in Child Custody and Family Law for Maine on
Answered on Nov 2, 2017

Hello.

Assuming that the shared custody order was a Maine order, you and your child's father should be able to file a stipulated motion to modify that order to reflect your desired change to sole parental rights and responsibilities. It is important to provide the court with a draft order for signature that indicates that no hearing is necessary because the two of you agree.

The issue of what to do about child support will need to be addressed as well. If asked, the court will...
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Q: Is it legal to be fired on medical leave for reasons unrelated to medical leave?

1 Answer | Asked in Employment Law and Employment Discrimination for Maine on
Answered on Oct 23, 2017

Elaborate your question a bit more. Did your employer fire you during medical leave? Universal practice is that during medical leave one cannot be fired. As stated, "reasons unrelated to medical leave" then what reason was given for your separation? Is that a valid reason and whether you can go in recourse?
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Q: My mom cashed in her life insurance policy and passed before the check came . We have a joint checking account.

1 Answer | Asked in Probate for Maine on
Answered on Oct 8, 2017

I hesitated to answer this question because it lacks detail, but if I assume that the check was made payable to your mother, the problem is that she has passed, so she cannot deposit it. The general rule is that a check made payable to someone who has died cannot be cashed or deposited – rather, it should be returned to the party that sent it, with an explanation that the intended payee is deceased. In this situation, you may be thinking that because you share a bank account with your mother,...
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Q: Is it better to will my assets to my children or set them up as beneficiaries to a trust?

1 Answer | Asked in Estate Planning for Maine on
Answered on Oct 5, 2017

This is a very good question, and the answer depends very much on the specifics of your particular situation. Some of the factors to consider include: the age of your children; whether or not any of them have special needs, credit issues, or difficulty managing money; your long-term goals for your property; tax considerations; and whether some of the other benefits of having a trust could outweigh the simplicity of having just a will. There are other factors to consider as well. Generally...
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Q: Can I sue for damages if a local business gives up after receiving thousands of dollars in support from the community?

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Maine on
Answered on Oct 1, 2017

Owner is a rightful person to deal with his property (movable or immovable), etc. Owner may ask for any reasonable price of his belongings.

Material was donated by you and other .... confusion is on what terms??? You also claimed of voluntary labor. You may have a priority right over others to purchase that building and negotiate its price. However, owner will have the final say...

For specific advice please consult your Estate and Civil Right attorny.
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Q: How do I prove ownership of property for the museum if previous owner does not properly log the article in as a donation

1 Answer | Asked in Intellectual Property for Maine on
Answered on Aug 19, 2017

This is an interesting question. It implicates several legal concerns (1) ownership of the physical letters, (2) ownership of the copyrights in them, and (3) transfer of property of the intestate (no will) of the deceased. As to (1): Intent to give the articles to the museum as a gift can be provided not only by evidence in a writing, but also by evidence such as the testimony of the previous curator as to her or his discussion with the donor of the articles and other direct and indirect...
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