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My son and wife are in a rocky relationship. I am leaving him my home (my spouse has died) but I don’t want his wife to get any of it if they divorce.
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answered on May 18, 2021
You can leave the house to him in a continuing trust with an independent trustee. There are a lot of issues to consider so you should hire an experienced estate planning attorney to help you.
We disagree on a contractor and selling and 1 of the other 3 owners has threatened to do what they want by majority rule. There is no reference made to "majority rule" in the deed. Can they just do what they want?
answered on Apr 26, 2021
The short answer is no. An owner must sign a deed transferring his or her interest in the property to the buyer for the transfer to be effective. A co-owner cannot transfer another owner's interest. If all owners cannot agree about what to do with the property, typically, these situations are... View More 
A prospective buyer of our property hired an architect and did not pay him. The debt collector falsely claimed that we owe the architect and put a lien on the property. We cannot afford a lawyer and just need one to file a motion to dismiss the charity corporation from the suit against the... View More
answered on Apr 21, 2021
I do not have all the necessary facts to enable me to advise you about this situation, but if you are interested in exploring these issues further with me, I would be happy to communicate with you first to make sure our firm does not have a conflict of interest. Please feel free to contact me via... View More
She stopped paying her part of the mortgage and refuses to contact us or come get her belongings because “her names on the house it doesnt matter”. The property deed is ONLY in my husbands name so she has no ownership of the lands. Can we legally evict her and her belongings?
answered on Apr 7, 2021
As far as evicting her goes, bringing an eviction action (also known as a FED action) should only be necessary if she was either a tenant holding under a written lease or a tenant at will. It sounds like she voluntarily left the home and has no intention of returning.
As far as her... View More
I was in a motorcycle collision. The other party took full responsibility . Now his insurance company wants me to send them the title to my motorcycle without having made me an offer. Should I do this? It doesn't seem right. Is this regular, legal procedure?
answered on Apr 5, 2021
Send them a copy of your title in case they want verification that the motorcycle is in your name and whether or not a lien is against it. Once you have a resolution, then forward the actual title, if they want it. If the insurance company is being difficult and/or if you have physical injuries,... View More
His property was a forest and every tree is gone right up to my property line. Isn’t there a buffer of some sort? I thought it was 15 ft? I was surrounded by woods and now I see his yard and house with no trees at all.
answered on Apr 4, 2021
Check with your Town Office to see if there are any state or municipal land use regulations concerning clearing trees and other vegetation that might apply to your neighbor’s property. For example, there are regulations concerning clearing trees and other vegetation in the shoreland zone, which... View More
I contacted the company and was pretty much blown off my kid or any child could have swelled it and caused damage fortunately it was myself getting it in my mouth company Mars said we have metal detectors in plants so this doesn’t happen but for sure was in the piece my girlfriend was there when... View More
answered on Apr 2, 2021
A Maine attorney could advise best, but your question remains open for a week. You could contact an attorney who handles injury cases. It sounds like no one was injured, and I am happy for you there. But if there was grounds for a case, it would be based on actual damages, not damages that might... View More
I am trying to determine whether Maine has any stop and id laws
answered on Feb 28, 2021
Yes, Maine does. See 17-A M.R.S. § 15-A.
P.S. This is a criminal law question, not civil litigation.
We filed a complaint that snowmobiles being started in the garage below us were causing gas fumes in our home. I have a pregnant wife and three small children home all day having to breathe it. Our land lord says they should be able to use their garage how they please without worrying about gas... View More
answered on Feb 28, 2021
The question is whether the landlord's use of the garage "renders the dwelling unit unfit for human habitation." If so, "then a tenant may file a complaint against the landlord in the District Court or Superior Court. The complaint shall state that:
A. A condition,... View More
I'm not interested in donating to huge charities whose CEOs earn 6-figure salaries.
answered on Feb 23, 2021
This is a pretty open-ended question, the answer to which will depend on, among other things, your priorities, values, and goals. I would suggest you start a conversation with someone who can help you achieve what you want to accomplish. That person could be a financial adviser or an attorney who... View More
We know of nothing will wise and he has taken over everything do I have any right to the house,as of this year the house is still in my dad's name even at the town,his name hasn't been removed from the tax title and no other name is on it
answered on Feb 22, 2021
More facts are needed to answer this question, but assuming upon your dad’s death, title to the house passed to your stepmom and, upon your stepmom’s death, title to the house passed to your stepbrother, then you would need to have an enforceable agreement or right with respect to the house... View More
My wife and I live in Maine. My name is not on the deed to our home only hers. Can her family have me removed if she died?
answered on Feb 22, 2021
More facts are needed to answer this question, but assuming upon your wife’s death, title to the home will pass to someone other than you, then yes, that person would typically have the right to exclusive possession of the property, which means you could be removed, assuming you do not have an... View More
answered on Feb 8, 2021
yes they can but judges dont like to have them testify, if they will testify often the judge will ask the parents if the kids can talk to the judge without the parents present, it takes both parties to agree to that otherwise the kids get on the witness stand and both parties hear what they have to... View More
We have been trying to co-parent for three years and in that time the condition of his home has been unfit for the children. I have informed him several times to fix issues for the children and he tells me they are but they are not fixed. Told him if not fixed we would go to court. Here we are and... View More
answered on Feb 8, 2021
What you really need here is for the court to appoint a guardian ad litem who can go visit both homes and speak with the kids and report back to the court. These usually cost money but sometimes the court can find someone to do it for nothing if you both cannot afford one. it is pretty impossible... View More
Other parent has been around there whole life but his living conditions are why we are in court after warning him several times to improve them or we're going to court. But I am the bad parent for keeping them from him for 3 months until we went to court? Their 8 and 9.
answered on Feb 6, 2021
in most Maine courts during covid hearings are conducted via the zoom video conferencing platform. Preliminary motions and conferences are being done by telephone conferences. At some point your case will have a pretrial conference and you will tell the judge or magistrate how many witnesses you... View More
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answered on Feb 5, 2021
Hire a competent attorney in WY to represent you. He will obtain the charging instruments and look for an upcoming hearing date where other crimes are on the Docket. You are basically turning yourself in, while your attorney arranges the best plea he can get for you, which is hopefully that day... View More
Both familes are sharing the cost of the property. Should we put it in JT with ROS to protect all parties, or just put it in the name of my son and his wife.
answered on Feb 3, 2021
The answer depends on a number of factors, including what the goals of the parties involved are. I would recommend you discuss your situation with a Maine attorney, who can provide you with guidance and advice once he or she has a better understanding of your circumstances and needs. My partner,... View More
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answered on Feb 3, 2021
Yes, it happens constantly. Boundary Line Disputes and Easement Suits necessarily involve others' land. The defendant in Ejectment Suits may dispute title. Many other causes of actions are filed dealing with land titled to someone else other than the plaintiff.
I know each state is different, I am asking for the state of Maine and wondered what the statute of limitations is for that state.
answered on Feb 2, 2021
Most states have a 2 to 4 year statute of limitations on nursing home negligence claims. I am not licensed in Maine, so I could not tell you that state's time period to bring a nursing home abuse claim. However, delay is never a good idea if you believe you have a case. Call a local nursing... View More
In February 2020 I became an at-will tenant after an amicable year lease expired before I was able to find a new place. Despite my roommate moving without communicating with me: I covered the $1575 rent by myself and confirmed via text I would have another month. Heating system failed the first... View More
answered on Jan 31, 2021
Question: If I want to sue for $4,000, do I have to produce proof of every expense accrued?
Answer: Yes.
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