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 »
If your mom’s will truly was written the way you described it, no, the wife has no chance of inheriting.
We live in state housing and he is on the lease can the landlord kick him out?
You need to look at the terms of your lease.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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.
He's 17 he's had probations and has gotten into trouble before but never with arson
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 »
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?
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?
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 »
We purchased a bank owned foreclosure and discovered the attic has visible asbestos containing vermiculite insulation.
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 »
the house before and put money away but a creditor comes back for more $ than the house sold is the estate liable?
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 »
Discuss your case with counsel. Many more facts are needed.
Contractor rebuilding a road in town, wondered if there are licensing or certification requirements?
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
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?
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 »
I would first start by looking at the relevant subdivision documents to see what they provide. Likely, your answer is in those documents.
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
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 »
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
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
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 »
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
