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Maine Questions & Answers
1 Answer | Asked in Family Law for Maine on
Q: Can my husband withhold money from the children and I while we are living in different states? He is in the Army.

We live in Maine while he is posted in Hunter Army Air Field, Savanna Georgia. He has been sending us two allotments, one on the 1st and one on the 15th, for the past 2.5 years. Now he has taken out the second allotment, saying that his commanding officers told him he is only required to send us... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 13, 2015

Talk to the commanding officer to verify that your husband was accurate when he related what the C.O. said. Assuming this is true, you don't appear to have much choice but to sue your husband for separation or divorce, including child support and perhaps alimony.

1 Answer | Asked in Civil Rights for Maine on
Q: Who can help with a David shopping while Black/non-white vs Goliath Big Box efforts that resulted in discrimination?

Need brainstorming help with what my next move needs to be on this case: Shopping while Black/non-white. Store security person detained me on exiting the store to check my personal bag , while not doing same to the other shoppers exiting the store. No proof of any shoplifting to make me a suspect.... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 2, 2015

Get an attorney for this? Conduct discovery process with the usual types of discovery matters, request the entire personel file of the security guard, interrogatories, perhaps requests for admissions if available in your state, depositions of key figures who have personal knowledge about the... View More

1 Answer | Asked in Family Law for Maine on
Q: If neither parent has gone to court for legal custody they was never married split up they have a savings account togeth

ER he took money out she's now holding baby from him can she do that

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 28, 2015

Like I said in an earlier post, you need to go see a local attorney.

1 Answer | Asked in Real Estate Law for Maine on
Q: i have been living with my father since 2005. He died earlier this year. Do I have any rights to continue living there?

She has told me that the house is to be sold and divided between the 2 of us. Is it possible that I can continue living there without buying her out? Can an arrangement be made that if/when house is sold she gets half of procedes? She has a house of her own and I do not, hence why I had been... View More

Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

The will should be reviewed to help answer this. The will or your State's law will determine who gets the house. Separate from that, additional details can be negotiated. Talk to a local probate lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement...
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1 Answer | Asked in Personal Injury for Maine on
Q: is there a statue of limitation that a lawsuit against a drug company can be done?

I'm a des daughter that has had a number of health issues

Adam Studnicki
Adam Studnicki
answered on Aug 4, 2015

All civil claims have deadlines (statutes of limitation). Talk to an injury lawyer ASAP about your situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not...
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1 Answer | Asked in Real Estate Law for Maine on
Q: Are there any legal actions I can take?

My neighbor at my vacation home is constantly using our property without permission and also kills or removes trees that separate our land from hers, but are in fact on our property. We have replaced the trees multiple times only to find them dead or missing the next time we visit the cottage.... View More

Adam Studnicki
Adam Studnicki
answered on Aug 3, 2015

I don't practice in Maine, but that sounds fishy. Talk to a Maine real estate lawyer about your rights and options. A strong letter from your lawyer may help. Depending on Maine laws, you may have a civil claim against her for damaging your property. There may also be criminal... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Can a father sell his property before his death to his children legally? Or could the children loose it after the death

The father has cancer. He wants to make sure his children get the property, but at one point he received assistance for medical bills

Adam Studnicki
Adam Studnicki
answered on Aug 1, 2015

Best to talk to an estate planning lawyer, who can look at the big picture and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may...
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1 Answer | Asked in Real Estate Law for Maine on
Q: I added a garage to a house I was living in with intentions to buy. The owner has gone back on his word to reimburse

I was living in an unfinished modular home, owned by my wife's stepmothers husband. We had a verbal agreement that we would live there rent free for 2 years with the condition that I finished the inside, (paint etc) which I did. I also added a garage also with verbal agreement that I would be... View More

Charles Snyderman
Charles Snyderman
answered on Jul 5, 2014

You might be able to recover on the theory of unjust enrichment, but you should definitely consult with an attorney to discuss further.

1 Answer | Asked in Bankruptcy for Maine on
Q: Loss of spouse's income. no longer able to meet morgage/auto/utility bills. In this situation now for several years.
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

2 Answers | Asked in Bankruptcy for Maine on
Q: Boyfriend lost house in divorce but his name is on loans & her car loan. Should he list all of this on his chapter 7?
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

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1 Answer | Asked in Bankruptcy for Maine on
Q: Can I file for bankruptcy even if I have substantial cash, and how do I find a bankruptcy attorney?

I run a small business and cannot keep the doors open. But I do have a lot of cash in an account, just not enough to pay bills.

Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

To find an attorney you should contact your county or state bar association. Owning a business, which has a regular cash flow is not a bar to filing a bankruptcy.

2 Answers | Asked in Bankruptcy for Maine on
Q: I was granted chapter 7 in 1999 and found out recently that a lien on joint owned property was not cleared how do i clea
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

A: That was a very long time ago. I would strongly suggest you: (1) speak with a malpractice attorney and (2) speak with an experienced bankruptcy attorney about the possibility of reopening your case, or filing a new one and doing a 522F Motion.

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1 Answer | Asked in Bankruptcy for Maine on
Q: I want to know if I can file bankruptcy with only my student loans due to financial hardship?
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

Student loans, regardless of the source are generally not dischargeable in bankruptcy. There are rare circumstances when then can be discharged in bankruptcy, but it involves the filing of an expensive secondary action involving issues which can be more affordably addressed with most lenders... View More

1 Answer | Asked in Bankruptcy for Maine on
Q: I filed bankruptcy chapt.7 in 2002 and need to file again, 2013. Can I do this?
Andrew Bresalier
Andrew Bresalier
answered on Jan 30, 2014

Seven years must pass between the filing of Chapter 7 cases. The dates are counted from Filing Date to Filing Date, not Discharge/Discharge. Based upon the years provided, it has been approx 9 years, so you can refile.

1 Answer | Asked in Divorce for Maine on
Q: I have a business in Maine (LLC-I'm the sole owner). I'm going to divorce my spouse. What can happen to the business?
Robert Guillory
Robert Guillory
answered on Aug 22, 2013

A lot CAN happen to the business. The better question is what will likely happen to the business. In Maine the court must divide the marital property equitably, note not necessarily equally. The first question is whether or not the LLC is marital property. If you became owner during the marriage... View More

1 Answer | Asked in Divorce for Maine on
Q: Is there a difference between a Divorce Decree and a Divorce Judgement? In the state of Maine.
Robert Guillory
Robert Guillory
answered on Aug 22, 2013

In Maine they are called Divorce Judgments. In some states they document granting the divorce is called a decree. They essentially do the same thing.

1 Answer | Asked in Probate for Maine on
Q: Can an heir with "power of attorney" take the property and assets of bank accounts legally before death?
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answered on May 18, 2013

If the power of attorney is effective (powers are sometimes conditioned on events (such as a determination of lack of capacity) and are not therefore always immediately effective) and the principal did not communicate any revocation of the agent's powers to the agent, then it is likely that... View More

1 Answer | Asked in Divorce for Maine on
Q: If a couple divorce in maine does their property automatically became a 50/50 split?
Robert Guillory
Robert Guillory
answered on May 9, 2013

No nothing is automatic. The court will divide the marital property equitably. Keep in mind that marital property usually but not always means property acquired during the term of the marriage.

1 Answer | Asked in Family Law for Maine on
Q: I WANT TO KNOW HOW I CAN GET VISITATION RIGHTS OR GRANDPARENT RIGHTS, HERE IN THE STATE OF MAINE?
Robert Guillory
Robert Guillory
answered on May 9, 2013

To get these rights in Maine is almost impossible. You would have to show the Court that at some point in the child's life you were essentially acting as the child's parent with the consent of the biological parents. You have to prove you were in the position of being a "de... View More

1 Answer | Asked in Divorce for Maine on
Q: In Maine, if my ex loses her job, will my child support increase?
Robert Guillory
Robert Guillory
answered on May 9, 2013

It might and it might not. If she isn't working then she won't need daycare so this could make your support go down. Your support will not change until someone files a motion to modify it based on a change in circumstances. You can log on to the Pine Tree Legal website and use their child... View More

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