Maine Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
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- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
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- Workers' Compensation
- Admiralty / Maritime
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- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
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- Child Custody
- Child Support
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- Civil Rights
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- Communications Law
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- Employment Discrimination
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- Environmental
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- Gov & Administrative Law
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- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
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- Public Benefits
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- Small Claims
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- Uncategorized
- White Collar Crime
- Wrongful Death
Maine Questions & Answers
Q: I am 17 and pregnant and I live with my parents. Who is the legal guardian of my baby once they are born?
Joe Lewis' answer
Congratulations to you!
When your baby is born, you will be the legal guardian of your baby.
Do your best and have fun!
- Joe
Congratulations to you!
When your baby is born, you will be the legal guardian of your baby.
Do your best and have fun!
- Joe
Q: Maine-I filed small claims action 4 breach of contract re: dog breeding, I won, Defendant did not pay judgement $6000 by
Elliott R. Teel Esq's answer
Sounds like you have done a good job so far. I would say do a disclosure hearing and request all their financials - bank statements, tax returns, debts, and business P&L statements. Then the court can set a payment plan or a deadline for full payment, again enforceable by a contempt action.
Sounds like you have done a good job so far. I would say do a disclosure hearing and request all their financials - bank statements, tax returns, debts, and business P&L statements. Then the court can set a payment plan or a deadline for full payment, again enforceable by a contempt action.
Q: My mother died and I am her only son. She lived with her boyfriend who was her p.o.a due to her illness. Do i get inheri
Joe Lewis' answer
I'm very sorry for your loss.
Now that your mother is dead, the power of attorney that her boyfriend had is no longer in effect.
There are a lot of variables to consider when trying to figure out what happens to her estate generally, and you should definitely contact a probate attorney to have that conversation.
The life insurance policy will have beneficiary information: it could be you, it could the boyfriend, it could be both of you or some person or organization...
I'm very sorry for your loss.
Now that your mother is dead, the power of attorney that her boyfriend had is no longer in effect.
There are a lot of variables to consider when trying to figure out what happens to her estate generally, and you should definitely contact a probate attorney to have that conversation.
The life insurance policy will have beneficiary information: it could be you, it could the boyfriend, it could be both of you or some person or organization...
Q: Demanding money to sign quit claim deed extortion?
Joe Lewis' answer
Well, it probably isn't extortion, a word that has a precise legal meaning, but it does sound kind of rude.
Contempt won't work against you if you've already paid off the loan. In other words, you've done what you were told to do, albeit too slowly. On the other hand, if she has been ordered by the court to quit claim some real estate to you and she hasn't yet done it, she is probably at risk of a contempt motion going in her direction.
You might be able to successfully gain...
Well, it probably isn't extortion, a word that has a precise legal meaning, but it does sound kind of rude.
Contempt won't work against you if you've already paid off the loan. In other words, you've done what you were told to do, albeit too slowly. On the other hand, if she has been ordered by the court to quit claim some real estate to you and she hasn't yet done it, she is probably at risk of a contempt motion going in her direction.
You might be able to successfully gain...
Q: Can I sue a company if their product gave me chemical burns?
1 Answer
| Asked
in
Personal Injury, Products Liability and Health Care Law
for
Maine
on
Answered on May 29, 2017
Answered on May 29, 2017
Peter Munsing's answer
Contact a member of the Maine Trial Lawyers Assn. They give free contacts.Assuming you were using the product in the way it was supposed to be used, following instructions (including safety gear), you may have a case.
Contact a member of the Maine Trial Lawyers Assn. They give free contacts.Assuming you were using the product in the way it was supposed to be used, following instructions (including safety gear), you may have a case.
Q: What do we do when we have a breach of contract and the contractor is refusing to refund us our money?
Elliott R. Teel Esq's answer
The answer may depend on if the contract says anything about how disputes are handled (there may be a mediation or arbitration clause). If it does not say anything, then depending on the amount that is in dispute, you can to either go to small claims court or to the district court to pursue them. The facts of the dispute will be to be considered before deciding the best way to proceed.
The answer may depend on if the contract says anything about how disputes are handled (there may be a mediation or arbitration clause). If it does not say anything, then depending on the amount that is in dispute, you can to either go to small claims court or to the district court to pursue them. The facts of the dispute will be to be considered before deciding the best way to proceed.
Q: I probated my mom's will 5 months ago. My sister's lawyer asked for a detailed list of my mom's Estate.
Daniel J. Eccher's answer
This question appears to be incomplete, because it lacks a final punctuation mark, but I will answer that generally, the personal representative of an estate is required by statute to "... file or furnish an inventory of property owned by the decedent at the time of his death ...." (This statutory section can be found in its entirety at http://legislature.maine.gov/legis/statutes/18-A/title18-Asec3-706.html.) If you have not already done so, you probably need to do so soon. You may want to hire...
This question appears to be incomplete, because it lacks a final punctuation mark, but I will answer that generally, the personal representative of an estate is required by statute to "... file or furnish an inventory of property owned by the decedent at the time of his death ...." (This statutory section can be found in its entirety at http://legislature.maine.gov/legis/statutes/18-A/title18-Asec3-706.html.) If you have not already done so, you probably need to do so soon. You may want to hire...
Q: Does moving out of state have any effect on my rights as a bank account holder (like do banking laws drastically differ
Elliott R. Teel Esq's answer
Most consumer banking laws are federal. There will be variations from state to state, but not significant for most people, with some differences if it is a commercial account or loan. A major exception is foreclosure procedure, which is more a property law than financial, and will vary considerably be state.
Most consumer banking laws are federal. There will be variations from state to state, but not significant for most people, with some differences if it is a commercial account or loan. A major exception is foreclosure procedure, which is more a property law than financial, and will vary considerably be state.
Q: If you convert an industrial space to a residential one, which environmental laws do you have to comply with?
Elliott R. Teel Esq's answer
Generally the environmental laws that apply to the property won't change, but if your use changes then there would likely be ones that are no longer applicable, while there may be others you would need to comply with. The laws will apply based on your actual use. The town's zoning laws will also still apply, and you will need to make sure that the type of residential use you are doing is permitted in that zone.
Generally the environmental laws that apply to the property won't change, but if your use changes then there would likely be ones that are no longer applicable, while there may be others you would need to comply with. The laws will apply based on your actual use. The town's zoning laws will also still apply, and you will need to make sure that the type of residential use you are doing is permitted in that zone.
Q: I am sending in a product liability claim with walmart and they told me they needed the product and receipt. True?
Peter Munsing's answer
The product needed to be kept--the way to handle it is let them examine it but you keep it. A little late now. Your getting your cash back if you didn't sign a "release of all calims" woudl be ok. If you didn't talk to an attorney why not contact a member of the Maine Assn for Justice--they give free consultations.
The product needed to be kept--the way to handle it is let them examine it but you keep it. A little late now. Your getting your cash back if you didn't sign a "release of all calims" woudl be ok. If you didn't talk to an attorney why not contact a member of the Maine Assn for Justice--they give free consultations.
Q: What should I do: Plaintiff fails to respond to interrogatories, doc request, & request for admissions within 30 days
Glenn B. Manishin's answer
The case will not be dismissed for failure to meet discovery deadlines alone.
Move to compel responses to the Ints. and Doc. Reqs. and to "deem" the unanswered Requests for Admission as admitted.
The case will not be dismissed for failure to meet discovery deadlines alone.
Move to compel responses to the Ints. and Doc. Reqs. and to "deem" the unanswered Requests for Admission as admitted.
Q: Does he have any rights to the house he lives in--doesn't own, but pays for?
1 Answer
| Asked
in
Civil Rights, Estate Planning and Real Estate Law
for
Maine
on
Answered on Mar 25, 2017
Answered on Mar 25, 2017
Jonathan R. Roth's answer
No, unless he is going to claim that he was a tenant or he loaned her funds. As a Tenant he is entitled to some notice for termination. The only question is did he loan her any money or did she promise him something and can it be proved.
No, unless he is going to claim that he was a tenant or he loaned her funds. As a Tenant he is entitled to some notice for termination. The only question is did he loan her any money or did she promise him something and can it be proved.
Q: Am I entitled to more as personal representative in Dad's estate settlement?
Dr Kenneth V Zichi J.D.'s answer
As PR you CAN claim reimbursement from any 'out of pocket' expenses. Be sure to document the payment and amount. This 'reimbursement' is usually not an issue, and you probably SHOULD reimburse yourself.
You can also claim 'wages' for the time and effort put into the settlement. This would be taxable income, so be careful. You'll have to pay quarterly estimated taxes when you receive the money and issue yourself a 1099 (if it is more than $600 per year).
In GENERAL I advise...
As PR you CAN claim reimbursement from any 'out of pocket' expenses. Be sure to document the payment and amount. This 'reimbursement' is usually not an issue, and you probably SHOULD reimburse yourself.
You can also claim 'wages' for the time and effort put into the settlement. This would be taxable income, so be careful. You'll have to pay quarterly estimated taxes when you receive the money and issue yourself a 1099 (if it is more than $600 per year).
In GENERAL I advise...
Q: If I am listed as a devise in a will, will I I receive all the money even if the estate does not have money an account
Ben F Meek III's answer
It depends on the terms of the will. You may be a devisee but the devise to you might be only a few dollars. If you are the only devisee and only beneficiary, you might be entitled to a greater portion of the estate. It just depends. If you think the assets of the probate estate have not been correctly reported, you need to bring that to the court's attention.
It depends on the terms of the will. You may be a devisee but the devise to you might be only a few dollars. If you are the only devisee and only beneficiary, you might be entitled to a greater portion of the estate. It just depends. If you think the assets of the probate estate have not been correctly reported, you need to bring that to the court's attention.
Q: Estate issue with two parents (Dad/Stepmom) who died without wills.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Maine
on
Answered on Jan 31, 2017
Answered on Jan 31, 2017
Daniel J. Eccher's answer
Assuming everything you have written above is correct, then I do not see any conflict. You all seem to be in agreement that the property should go to your step-mother's children. The only concern I would have is if you or your siblings do not understand whatever document you are asked to sign. If so, you should have a Maine-licensed attorney review it with you. If it is legitimate and effective, then once you have signed it, you should not have any further "legal or financial responsibilities...
Assuming everything you have written above is correct, then I do not see any conflict. You all seem to be in agreement that the property should go to your step-mother's children. The only concern I would have is if you or your siblings do not understand whatever document you are asked to sign. If so, you should have a Maine-licensed attorney review it with you. If it is legitimate and effective, then once you have signed it, you should not have any further "legal or financial responsibilities...
Q: How can I structure if so my girlfriend can continue living in my house when I die, but my kids get the house as a part
Daniel J. Eccher's answer
It would be best to talk to an estate planning lawyer about your specific situation, but the short answer is that you could leave your girlfriend a "life estate" in the house in a will (or codicil to an existing will), with the remainder going to your children. The life estate would mean she would have use of the house for the rest of her life, but your children would have a "future interest." Another option would be to set up a trust, where the house could be held in trust for your...
It would be best to talk to an estate planning lawyer about your specific situation, but the short answer is that you could leave your girlfriend a "life estate" in the house in a will (or codicil to an existing will), with the remainder going to your children. The life estate would mean she would have use of the house for the rest of her life, but your children would have a "future interest." Another option would be to set up a trust, where the house could be held in trust for your...
Q: Can criminal charges of perjury be sought against a spouse when they have filed a PFA with verifiable lies?
Christian Foster Esq's answer
You have not given me enough information to say for sure. If the spouse has made a statement under oath which he/she knew was not true there is a case for perjury or false swearing. There may also be a civil case for abuse of process if you can prove the spouse deliberately misused the judicial process. Contact a lawyer in your jurisdiction for more complete advice.
You have not given me enough information to say for sure. If the spouse has made a statement under oath which he/she knew was not true there is a case for perjury or false swearing. There may also be a civil case for abuse of process if you can prove the spouse deliberately misused the judicial process. Contact a lawyer in your jurisdiction for more complete advice.
Q: I am 16 years old on a f1 visa ,would I be able to obtain a social security number to work in the summers ?
Camlinh Nguyen Rogers' answer
There are questions and answers similar to your situation on our website. You can locate them at http://aba-us.com/other-services/?lang=en. Good luck.
There are questions and answers similar to your situation on our website. You can locate them at http://aba-us.com/other-services/?lang=en. Good luck.
Q: I own a home that my son lives in. I insure the home. Am I liable for injury that occurs to a guest at the house?
Adam Studnicki's answer
Anyone can sue for anything but that doesn't necessarily means it's a good lawsuit. Best to have a good homeowner's insurance policy.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Anyone can sue for anything but that doesn't necessarily means it's a good lawsuit. Best to have a good homeowner's insurance policy.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
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