Maine Questions & Answers by Practice Area


  • Admiralty / Maritime
  • Adoption
  • Agricultural Law
  • Animal / Dog Law
  • Antitrust
  • Appeals / Appellate Law
  • Arbitration / Mediation Law
  • Banking
  • Broker Fraud
  • Business Formation
  • Business Law
  • Car Accidents
  • Child Custody
  • Child Support
  • Civil Litigation
  • Civil Rights
  • Collections
  • Communications Law
  • Constitutional Law
  • Construction Law
  • Domestic Violence
  • Education Law
  • Elder Law
  • Election Law
  • Employment Discrimination
  • 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
  • Patents
  • Probate
  • Public Benefits
  • Securities Law
  • Sexual Harassment
  • Small Claims
  • Social Security
  • Trademark
  • Uncategorized
  • White Collar Crime
  • Wrongful Death

Maine Questions & Answers

Q: What do we do when we have a breach of contract and the contractor is refusing to refund us our money?

1 Answer | Asked in Contracts and Construction Law for Maine on
Answered on May 16, 2017

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.
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Q: I probated my mom's will 5 months ago. My sister's lawyer asked for a detailed list of my mom's Estate.

1 Answer | Asked in Estate Planning and Probate for Maine on
Answered on May 10, 2017

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...
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Q: Does moving out of state have any effect on my rights as a bank account holder (like do banking laws drastically differ

1 Answer | Asked in Banking for Maine on
Answered on May 1, 2017

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.
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Q: If you convert an industrial space to a residential one, which environmental laws do you have to comply with?

1 Answer | Asked in Land Use & Zoning for Maine on
Answered on Apr 28, 2017

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.
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Q: I am sending in a product liability claim with walmart and they told me they needed the product and receipt. True?

1 Answer | Asked in Personal Injury and Products Liability for Maine on
Answered on Apr 21, 2017

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.
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Q: What should I do: Plaintiff fails to respond to interrogatories, doc request, & request for admissions within 30 days

1 Answer | Asked in Contracts for Maine on
Answered on Mar 29, 2017

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.
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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.

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