Maine Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Injury Law
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- 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
- Other
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- White Collar Crime
- Wrongful Death
Maine Questions & Answers
Q: Who can help with a David shopping while Black/non-white vs Goliath Big Box efforts that resulted in discrimination?
1 Answer | Asked in Civil Rights for Maine on Sep 1, 2015
Answered on Sep 2, 2015
Robert Jason De Groot's answer
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 incident. Shoot, there is a heck of a lot of work in a lawsuit, any civil litigation. It takes years to get a case into a posture for trial. But by doing it yourself, you are probably going to be dealing...
Q: If neither parent has gone to court for legal custody they was never married split up they have a savings account togeth
Robert Jason De Groot's answer
Like I said in an earlier post, you need to go see a local attorney.
Q: If neither parent has gone to court for legal custody they was never married split up they have a savings account togeth
Robert Jason De Groot's answer
The owners of a joint account each have access to all the money. You need to get an attorney on your side.
Q: i have been living with my father since 2005. He died earlier this year. Do I have any rights to continue living there?
1 Answer | Asked in Real Estate Law for Maine on Aug 24, 2015
Answered on Aug 25, 2015
Adam Studnicki's answer
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 agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
Q: is there a statue of limitation that a lawsuit against a drug company can be done?
Adam Studnicki's answer
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 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...
Q: Are there any legal actions I can take?
1 Answer | Asked in Real Estate Law for Maine on Jul 27, 2015
Answered on Aug 3, 2015
Adam Studnicki's answer
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 implications.
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...
Q: Can a father sell his property before his death to his children legally? Or could the children loose it after the death
1 Answer | Asked in Real Estate Law for Maine on Jul 31, 2015
Answered on Aug 1, 2015
Adam Studnicki's answer
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 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 encourage you to...
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
1 Answer | Asked in Real Estate Law for Maine on Jul 5, 2014
Answered on Jul 5, 2014
Charles Snyderman's answer
You might be able to recover on the theory of unjust enrichment, but you should definitely consult with an attorney to discuss further.
Q: Loss of spouse's income. no longer able to meet morgage/auto/utility bills. In this situation now for several years.
Andrew Bresalier's answer
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 could lose personal property such as a car). Most attorneys provide a free initial consult and discuss these matters, along with the best chapter for you.
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's answer
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.
Q: Can I file for bankruptcy even if I have substantial cash, and how do I find a bankruptcy attorney?
Andrew Bresalier's answer
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.
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's answer
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.
Q: I want to know if I can file bankruptcy with only my student loans due to financial hardship?
Andrew Bresalier's answer
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 forgiveness policy. Mere, hardship is not a sufficient reason. Generally, there are only two instances when Student Loans are forgiven (1) Death, and (2) Total and Permanent Disability – this is well...
Q: I filed bankruptcy chapt.7 in 2002 and need to file again, 2013. Can I do this?
Andrew Bresalier's answer
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.
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 Esq's answer
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 then it is presumed to be marital property subject to division by the court. If it is they type of business that really would have no value if you were not a part of it, ie a personal service type...
Q: Is there a difference between a Divorce Decree and a Divorce Judgement? In the state of Maine.
Robert Guillory Esq's answer
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.
Q: Can an heir with "power of attorney" take the property and assets of bank accounts legally before death?
Smilie Gregg Rogers Esq's answer
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 the agent, even if they are otherwise a potential heir of the principal's estate, could exercise a power to remover assets from a bank account.
Q: If a couple divorce in maine does their property automatically became a 50/50 split?
Robert Guillory Esq's answer
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.
Q: I WANT TO KNOW HOW I CAN GET VISITATION RIGHTS OR GRANDPARENT RIGHTS, HERE IN THE STATE OF MAINE?
Robert Guillory Esq's answer
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 facto" parent and that now your contact has been cut off and that it would be in the best interest of the child for you to have contact. In Maine parent's rights are protected and it is presumed that they know what's best...
Q: In Maine, if my ex loses her job, will my child support increase?
Robert Guillory Esq's answer
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 support worksheet to run numbers to figure what the new support number might be by plugging in your income, hers and the daycare and health insurance numbers. Remember any agreement you two might come to is...