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Maine Questions & Answers
2 Answers | Asked in Immigration Law for Maine on
Q: Can I bring my Filipina wife's little sister to the States?

My wife is from the philippines and she has a little sister still living there. The parents are both still living in the Philippines. We all have talked about bringing her to the USA to live with my wife and I.

Would it be possible to file the right paperwork to bring her little sister to... View More

Randall Drew
Randall Drew
answered on Nov 16, 2017

You can't file a family based petition for her like you could for your wife. When your wife becomes a citizen of the United States she could file for her but that takes a VERY long time to result in resident status.

When you say little sister, does that mean school age? She might be...
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1 Answer | Asked in Child Custody and Family Law for Maine on
Q: what do I need to do to change custody from shared to sole when the other parent has agreed to sign off in Maine?

My son's biological father hasn't see him in 5 years and I am now married with another child. My husband is enlisted and we are being stationed in Washington state. My son's father is willing to sign the paperwork.

Joe Lewis
Joe Lewis
answered on Nov 2, 2017

Hello.

Assuming that the shared custody order was a Maine order, you and your child's father should be able to file a stipulated motion to modify that order to reflect your desired change to sole parental rights and responsibilities. It is important to provide the court with a draft...
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1 Answer | Asked in Probate for Maine on
Q: My mom cashed in her life insurance policy and passed before the check came . We have a joint checking account.

Can I deposit? If no, options?

Daniel J. Eccher
Daniel J. Eccher
answered on Oct 8, 2017

I hesitated to answer this question because it lacks detail, but if I assume that the check was made payable to your mother, the problem is that she has passed, so she cannot deposit it. The general rule is that a check made payable to someone who has died cannot be cashed or deposited – rather,... View More

1 Answer | Asked in Estate Planning for Maine on
Q: Is it better to will my assets to my children or set them up as beneficiaries to a trust?
Parke A Burmeister
Parke A Burmeister
answered on Oct 5, 2017

This is a very good question, and the answer depends very much on the specifics of your particular situation. Some of the factors to consider include: the age of your children; whether or not any of them have special needs, credit issues, or difficulty managing money; your long-term goals for your... View More

1 Answer | Asked in Intellectual Property for Maine on
Q: How do I prove ownership of property for the museum if previous owner does not properly log the article in as a donation

The previous curator received articles designated for the museum but failed to log them in as a donation. The original owner has deceased and the only evidence we have is an article written by the previous curator stating that these articles were going into the museum's collection. The son of... View More

Andrew Zulieve
Andrew Zulieve
answered on Aug 19, 2017

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... View More

1 Answer | Asked in Family Law for Maine on
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

My daughter is out of control. It's very hurtful. She thinks she's an adult at 16 and hates that I have rules. She said she's moving in with her dad even if I say no. Her dad was court ordered to pay me weekly child support. I've done everything for her. School, rides, doctors,... View More

Joe Lewis
Joe Lewis
answered on Aug 17, 2017

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.

1 Answer | Asked in Family Law for Maine on
Q: I need to file a Motion to Enforce and Motion to Modify. Can I do this at the same time in Maine?
Joe Lewis
Joe Lewis
answered on Aug 17, 2017

Yes, you can!

1 Answer | Asked in Land Use & Zoning for Maine on
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
Elliott R. Teel
answered on Aug 16, 2017

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.

1 Answer | Asked in Civil Rights and Copyright for Maine on
Q: Can you publish a picture of someone in a book without their consent or knowledge?

When I was a minor I had a photo shoot done for a photo that was to be put in a book that had a limited; exclusive release of only 200 copies. My parents, nor I never signed anything, and I was never given any credit or compensation. This year, the picture was published again in a different book,... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2017

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...
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1 Answer | Asked in Immigration Law for Maine on
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

considered children for the purposes of immigrating to the US?

Matthew J Hartnett
Matthew J Hartnett
answered on Jul 29, 2017

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.

1 Answer | Asked in Child Custody and Family Law for Maine on
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
Joe Lewis
answered on Jun 28, 2017

Congratulations to you!

When your baby is born, you will be the legal guardian of your baby.

Do your best and have fun!

- Joe

1 Answer | Asked in Contracts and Collections for Maine on
Q: Maine-I filed small claims action 4 breach of contract re: dog breeding, I won, Defendant did not pay judgement $6000 by

deadline, had been given means 2 do so by courts in ruling by selling pups in her possession awarded 2 plaintiff 2 be placed from defendants residence due 2 health concerns. I then filed a contempt case & won. Defendant ordered 2 pay $1000 what they claimed they had left after spending rest... View More

Elliott R. Teel
Elliott R. Teel
answered on Jun 16, 2017

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.

1 Answer | Asked in Family Law and Probate for Maine on
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

Am I inherited any of her life insurance money or does her power of attorney get all control of it

Joe Lewis
Joe Lewis
answered on Jun 12, 2017

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...
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Maine on
Q: Demanding money to sign quit claim deed extortion?

Had 90 days to refinance, paid loan off 5 years in because bank wouldn't refinance. maliciously, She threatened contempt because loan wasn't paid in time 16 years after the fact unless we give her money to sign quit claim deed. Which is court ordered for her to do. I feel like that's extortion.

Joe Lewis
Joe Lewis
answered on Jun 12, 2017

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,...
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2 Answers | Asked in Personal Injury, Products Liability and Health Care Law for Maine on
Q: Can I sue a company if their product gave me chemical burns?
Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

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.

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1 Answer | Asked in Contracts and Construction Law for Maine on
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
Elliott R. Teel
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.... View More

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: I probated my mom's will 5 months ago. My sister's lawyer asked for a detailed list of my mom's Estate.

She just asked yesterday. Am I legally bound to do it because it said during 3 months

Daniel J. Eccher
Daniel J. Eccher
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... View More

1 Answer | Asked in Banking for Maine on
Q: Does moving out of state have any effect on my rights as a bank account holder (like do banking laws drastically differ

from state to state?

Elliott R. Teel
Elliott R. Teel
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... View More

1 Answer | Asked in Land Use & Zoning for Maine on
Q: If you convert an industrial space to a residential one, which environmental laws do you have to comply with?
Elliott R. Teel
Elliott R. Teel
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... View More

1 Answer | Asked in Personal Injury and Products Liability for Maine on
Q: I am sending in a product liability claim with walmart and they told me they needed the product and receipt. True?

They also processed my item that caused my person injury as a return against my wishes. Is this going to effect my case? I am worried now because they seemed like they were lying to me. First they had me go in to fill out the form. I get there and they say I need to product and receipt so I fill... View More

Peter N. Munsing
Peter N. Munsing
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... View More

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