Maine Questions & Answers by Practice Area


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Maine Questions & Answers

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

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.
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Q: I co own undeveloped property in the state of Maine I own 2 thirds partner 1 third my partner has refused 2 pay their

1 Answer | Asked in Real Estate Law for Maine on
Answered on Mar 5, 2017

Contact a Maine real estate attorney.
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Q: Am I entitled to more as personal representative in Dad's estate settlement?

1 Answer | Asked in Estate Planning for Maine on
Answered on Feb 16, 2017

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...
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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

1 Answer | Asked in Estate Planning for Maine on
Answered on Feb 15, 2017

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.
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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

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...
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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

1 Answer | Asked in Estate Planning for Maine on
Answered on Oct 26, 2016

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...
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Q: Can criminal charges of perjury be sought against a spouse when they have filed a PFA with verifiable lies?

1 Answer | Asked in Family Law and Criminal Law for Maine on
Answered on Apr 28, 2016

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 ?

1 Answer | Asked in Immigration Law for Maine on
Answered on Nov 17, 2015

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?

1 Answer | Asked in Personal Injury for Maine on
Answered on Nov 16, 2015

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...

Q: How can I acquire an abandoned parcel of land next to my home that has no record of ownership or taxes being paid?

1 Answer | Asked in Real Estate Law for Maine on
Answered on Nov 11, 2015

I don't know what "documents verifying non ownership" would be, other than a statement by them that they don't think they own it.

You need to do a title search to figure out who has record title. If it is landlocked, chances are that one or more of the adjoining properties, and this piece, were owned by the same owner. So trace back the chain of title of those adjoining properties to find a deed which may have mistakenly left this piece out.

Or, if it is sold for non-payment...

Q: My mom deeded her house to me in 1996, she passed away in 2007. Can my siblings sue me for a share of the house now?

1 Answer | Asked in Real Estate Law for Maine on
Answered on Nov 7, 2015

Probably not, but we do not know all of the facts that we need to know to be able to answer solidly.

Q: What ruling I'd considered a felony?

1 Answer | Asked in Criminal Law for Maine on
Answered on Nov 2, 2015

What are the facts here? Generally, a felony is a crime for which a person can go to prison for more than one year.

Q: Can you appeal a protection order if you missed the court date?

1 Answer | Asked in Appeals / Appellate Law for Maine on
Answered on Oct 25, 2015

If you justifiably missed a court date because of an accident, for instance, you would want to move for a rehearing. If not, your chances of an appeal are very slim.

Q: I was in a chapter 13 bankruptcy from 2009 to save my house but ended up surrendering my house due to illness and cuttin

1 Answer | Asked in Bankruptcy for Maine on
Answered on Oct 25, 2015

To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney. Good luck.

Q: Will probation be revoked for a new criminal trespass charge?

1 Answer | Asked in Criminal Law for Maine on
Answered on Oct 23, 2015

Hire a private criminal defense attorney for the son. It seems to me from what you have written that he should not have been charged because he was there with permission from the cousin.

Q: Can a governor be impeached in Maine law?

1 Answer | Asked in Constitutional Law for Maine on
Answered on Oct 20, 2015

Probably. Why do you ask?

Q: Section 20 trial by jury of Maine's constitution. Can a person be forced into arbitration and made to pay for it?

1 Answer | Asked in Constitutional Law for Maine on
Answered on Oct 20, 2015

You have not given enough facts here. I suspect that there is a contract involved, but you said nothing about that.

Q: is it legal to have a labor and safety inspector to call you from their home?

1 Answer | Asked in Employment Law for Maine on
Answered on Sep 14, 2015

How do you know that she called from her home? I doubt that there is any law against doing that.

I'm guessing you suspect that this "inspector" to is not what she said she is, and really just a friend of your ex employee. Call back to the agency and ask to talk to the person who called you. if she is actually a real inspector with that agency, ask that she make the request in writing and that she cite the law requiring you to comply.

Q: Can my husband withhold money from the children and I while we are living in different states? He is in the Army.

1 Answer | Asked in Family Law for Maine on
Answered on Sep 13, 2015

Talk to the commanding officer to verify that your husband was accurate when he related what the C.O. said. Assuming this is true, you don't appear to have much choice but to sue your husband for separation or divorce, including child support and perhaps alimony.

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