Maine Questions & Answers by Practice Area
- Bankruptcy
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- DUI / DWI
- Employment Law
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- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
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- Business Law
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- Child Custody
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- Communications Law
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- Election Law
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- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- 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
- Municipal Law
- Native American Law
- Nursing Home Abuse
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- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Maine Questions & Answers
Q: How do I prove ownership of property for the museum if previous owner does not properly log the article in as a donation
Andrew Zulieve Esq's answer
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...
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...
Q: My 16 year old daughter hates my rules and wants to live with her dad. Will I have to pay him child support now
Joe Lewis' answer
The only way to modify a child support obligation is via a motion to modify child support. Even if your daughter is living with her father, his court order remains in place, and the obligation will be enforceable.
The only way to modify a child support obligation is via a motion to modify child support. Even if your daughter is living with her father, his court order remains in place, and the obligation will be enforceable.
Q: I need to file a Motion to Enforce and Motion to Modify. Can I do this at the same time in Maine?
Q: Are some properties zoned for both commercial and residential use or do you usually need to apply for one or the other?
Elliott R. Teel Esq's answer
Zoning is based on the location. Some zones will allow for both commercial and residential, but the types of commercial uses may be limited. You need to check with the town's land use code and zoning map to determine the relevant zone and what uses are permitted.
Zoning is based on the location. Some zones will allow for both commercial and residential, but the types of commercial uses may be limited. You need to check with the town's land use code and zoning map to determine the relevant zone and what uses are permitted.
Q: Can you publish a picture of someone in a book without their consent or knowledge?
William Head's answer
This all depends on the paperwork signed at the photo shoot. That will likely control your legal rights.
Here are 15 possible candidates that may be able to help you. I suspect most will tell you (by phone) if it is something they will consider handling. If the publisher of the mass produced publication has MONEY, the lawyers will be MORE interested.
This all depends on the paperwork signed at the photo shoot. That will likely control your legal rights.
Here are 15 possible candidates that may be able to help you. I suspect most will tell you (by phone) if it is something they will consider handling. If the publisher of the mass produced publication has MONEY, the lawyers will be MORE interested.
Q: I would like to sponsor my children to come to the US, but one is 19 and the other is 21. Are they too old to be
Matthew J Hartnett's answer
Assuming you are a permanent resident or US citizen, you can file for the 19 year old. If you haven't started the process for the 21 year old, its ok, but his or her case may take longer if they have aged out. Consider discussing with an attorney.
Assuming you are a permanent resident or US citizen, you can file for the 19 year old. If you haven't started the process for the 21 year old, its ok, but his or her case may take longer if they have aged out. Consider discussing with an attorney.
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?
Kenneth V Zichi'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...
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