Maine Recent Legal Answers from Lawyers

Anybody can sue for anything, but your case appears weak.  The question is when was repayment due?  If it was due to be repaid 10 years ago, your case woudl be pretty weak (the statute of limitations for breach of contract, which generally runs from the date of the breach, would have passed) but still not hopeless because (a) sometimes statutes of limitations can be extended if, for example, the other person acknowledged their indebtedness to you since the limitations period ran, or if they somehow concealed the fact that they hadn't paid, etc.... Read More

There are three stages: Initial Application (Decision within 90-120 days avg),  Reconsideration (Appeal initial decision from initial app phase (another 90-120 days).  Then appeal which usually takes the longest.  The goal is to win it in the initial phases in order to prevent the long wait.  ... Read More

The short and easy answer is: yes, you would get approximately half of his military pension. There are complications, which I'd be glad to explain if you call my office. For example, if he claims the pension as disability pay, then it is not subject to distribution to you in a divorce; however, it would likely be accounted for by way of spousal support (a.k.a. alimony). It's a complicated subject, but you will most likely get your fair share, one way or the other.    Dylan R. Boyd, Esq. 207-536-7147... Read More

If your circumstances have changed where bearing the expense of the child has increased, and the mother is working on books, in addition to SSI, then yes you can request the court for the increase in the amount of payment. Otherwise, you will be wasting your time and money. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

Hi - There is a law in Maine that, after someone dies, the person having custody of their Will must give it to the named Personal Representative (executor) in the Will or to the probate court.  If you file a petition for probate in the probate court for the county where the deceased person lived, you could seek to have this Will probated and ask the court for an order to the husband to produce the Will.  This seems an awfully unfriendly thing to do to a widower though.   There are also reasons why the husband may not need to file the Will with the court: probate is only necessary to transfer assets that were in his wife's name only.  Property they owned jointly automatically goes to him.  Assets with named beneficiaries, whether they are retirement funds or pay-on-death designations, are paid directly to the beneficiary.  Her Will might not be necessary.  Also, if the total of her assets are less than $20,000, he can use a Small Estate Affidavit instead of having to file probate.   In general terms, Wills are private while you are alive and available only to the court or the person named as Personal Representative in the Will once you have died.  As part of the probate process, if probate is necessary and filed, Wills become public and are available online and at the courthouse for anyone to read.      ... Read More

Hi - Yes, this is standard.  It is the personal representative's way of providing benefiiciaries with some funds before the estate is closed while ensuring that he or she will not be held personally responsible if some taxes or other expenses end up being more than than the amount of estate assets remaining.  If you don't sign, you just won't get the interim distribution - so you would wait until the estate is ready to close after the 2016 tax return has been prepared (and whatever other actions are necessary) and then get a disbursement.  If the possibility of having to return some of the disbursed funds is not worth it to you, then don't take the interim distribution but otherwise it sounds fine from what you have described.  ... Read More

Your brother can go back to court to argue bail to a different judge. If one judge (or a bail commissioner) set his bail so high that he cannot afford it, then he has the right to go back to court and argue to a different judge for a lower bail. He would have to file a petition for redetermination of bail. If that doesn't result in a bail he can afford, then he could appeal the decision, but that is a complicated and difficult process. In the event that he is being held without bail, then the time to make his bail argument is during the hearing on the state's motion to revoke bail, if it has not already happened.... Read More

The answer to this question depends on what part of the divorce judgment you are trying to change. If the issue is parental rights and responsibilities, then you can file a motion to modify the judgment at any time so long as there has been a "substantial change in circumstances." Likewise, spousal support and child support can also be modified. However, if the issue is property or debt distribution, then it is more difficult to try to change the judgment. Most provisions in divorce judgments dealing with property and debt issues (e.g., who gets the house, who pays the mortgage) are final. There is a short appeal period (i.e., 21 days) after the judgment becomes final. There are also other options like motions for relief from judgment, which are also time sensitive (e.g., 1 year after judgment). To prevail on such a motion, there would need to be a compelling reason. ... Read More

   I'm sorry for your loss.   In Maine, a "holographic" Will is valid if it is both signed by the person who has passed away AND the important parts of the Will are in that person's handwriting.  In this case, it sounds like the language stating whom he wanted to receive his assets would need to be in his handwriting and possibly the language voiding his old Will.  ... Read More

That sounds like a horrible situation.  Under the law, your landlord owes you a habitable place.  In legal proceedings by tenants, it has been taken to mean things like heat, running water, no broken windows, etc.  Under your lease, if you have one, the landlord may have guaranteed quiet during certain hours.  Or there may be a provision in the lease requiring tenants to be quiet during certain hours or not disruptive to the property.  If this is the case, the landlord could evict the person upstairs for violating the lease, or at least warn her or him that she or he will be evicted if the noise doesn't stop.  Again, this depends on the specific language of your lease.  It would be worth talking to the property manager about this, and getting the involvment of other neighbors if you can.  It also would be worth having an attorney look at the lease.  The Maine Disability Rights Center may be able to provide you with some legal assistance.  Another possiblity is to file a small claim seeking payment of any costs to you because of this disruption and money damages for your emotional upset.  Small claims can be filed for claims up to $6,000; the forms are online and at the court house.  The most practical solution is to move, as these people sound pretty inconsiderate and the refuge of home is too important.  Maybe your property manager would agree to your breaking the lease, or maybe even switching to another unit on the property, given the problem.   I'm assuming that you have tried talking to the person above you direclty but, if not, that would be worth a try too.  Good luck. ... Read More

Hi - I''m not sure what your question is but I will give you some general information about your rights as a tenant.  For additional information, you should check out www.ptla.org, which has a helpful landlord/tenant section.  When renting, you have the right to have a safe residence that is fit for habitation.  If you believe that it is unsafe and that is the reason that your cats died, you would need to provide some proof, such as a report from a vet about the cause of death.  If your apartment is unsafe, you could bring your landlord to court for damages you suffered by living in an unsafe place, such as a reduction in rent you have paid or the costs of caring for and maybe replacing your cats.  A landlord is required to inform tenants of bedbug issues in the building before they move in, so if the bedbugs were there before you, you could sue your landlord for failure to inform you, which I think allows up to a $250 fine.  A landlord must give you notice before coming into your apartment so if your landlord entered without telling you, you could sue your landlord for your damages (harm you suffered) or a $100 fine set by the state.  Bedbugs can come in on any sort of furniture, clothing, etc. so, if you brought in the bedbugs, you would not be able to recover damages from your landlord.  The landlord also is required by law to treat the apartment once bedbugs are discovered so if the landlord used a reputable pest control service, it would be difficult to recover damages for that.  Bedbug removal, from what I understand, is quite difficult and requires that everything in the apartment be sprayed and laundered so that spraying the mattress would need to be part of that process.  If you were to bring any legal action against your landlord, I recommend small claims court.  You can get the complaint form from the district court in Bangor or online at www.maine.gov, under judicial branch and then small claims. There is a guide to small claims process there too.  For your claim, it is helpful to have evidence such as photos, letters you have written to the landlord about your concerns, receipts for costs of your mattress, pet care, etc.  If you have not communicated with your landlord about this, I would do that first and keep a copy of your letter.  Your landlord might be willing to work with you rather than spending the time and money going to court.  Be sure to keep current with your rent through this as nonpayment of rent is grounds for eviction.  Good luck.   ... Read More

Hi - A personal representative cannot be self-appointed, but it sounds like your brother was named in your dad's Will and then appointed by the probate court.  A personal representative is required to provide an inventory (a list of estate assets) within three months of appointment.  Since this hasn't happened, I would encourage you to request it in writing, sending letters to both Victoria Powers and your brother.  Personal representatives commonly fail to provide information and updates, which can lead to conflict or at least suspicion.  Usually a request is enough, but you also can petition the probate court to require an inventory, to supervise your brother's administration of the estate, or even to remove him if he is not fulfiling his duties.  Estates must be kept open at least nine months so the delay isn't unreasonable right now.    The above is not legal advice but rather general information.  Legal representation requires specific information and a written engagement agreement between a lawyer and client.     ... Read More

Hi - Your parents should meet with an attorney to prepare these documents for them.  A local attorney may be willing to go to the nursing home to meet with your father.  There usually is one meeting to discuss the document and then another meeting to sign.  The attorney would be representing your parents in drafting the documents, not you.  Each document has a different purpose:  a Living Will sets forth end-of-life preferences, a Health Care POA appoints an agent to make medical decisions for an incapacitated person, and a Durable Power of Attorney appoints an agent to handle financial matters and can take effect immediately or upon incapacity.  They are separate documents so that having one or two of them has no effect on the other(s).   The above does not constitute legal advice but rather general information.  Without a written agreement, I am not acting as your attorney or providing legal representation of any kind. ... Read More

Most contracts do not require a writing to be enforceable, and I see nothing in your loan contract which would require that it be in writing, but even if a writing was required, you have text messages, which would generally qualify.  You also may have a check showing the loan, and possible something written on the stub.  Your name is written on the title - your boyfriend is more likely to agree with your claim that you loaned him $1,000 than he is to claim that your name indicates that you are the 1/2 owner of the car.  There is no guaranty, but I think you have a good chance to win.... Read More

Your brother cannot apply for a green card while here on a visitor visa based upon an immigrant visa petition you file for him. Your brother cannot seek adjustment of status to a lawful permanent resident because it will be years before a visa is available to him. The process to sponsor a sibling takes 12 or more years depending upon your brother's native country. He cannot simply wait here for a visa to be available. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

In order to sponsor a spouse for residency you either need to be a US citizen or a Lawful Permanent Resident.  Yes, you're correct that males need to register with Selective Service between the ages of 18 to 26.  You don't state how old you are now so maybe you can still register.  If it's too late this should not prevent you from sponsoring your wife.  However, not being a US citizen will place your wife in the visa queue as the spouse of a Permanent Resident (F2A on the Visa Bulletin).  You may wish to see if you qualify to file for citizenship and overcome this hurdle first.  You may be eligible for citizenship despite the lack of Selective Service registration wtih a good explanation and an attempt now to late register.  You don't state where your wife and chlid are now. So, I can't tell if you can file one petition for both and they can eventually adjust or whether they will consular process.  If you need more information on the process as it applies to your family please contact our firm, The Barnett Law Group.... Read More

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct. In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated. If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Because I am an attorney, when I write to people about legal matters I have to insert language to cover my rear-end and say things that are usually already pretty obvious. This is not because I think you are stupid, it is because lawyers are held to a higher standard than most people when they are providing explanations about legal issues and are easily criticized for being misleading when less than clear. So, please understand that I am not acting as your attorney, I am not doing anything to protect any legal rights that you have and you should not consider this email as legal advice. If you have questions and want to investigate a case, you should contact an attorney in your state. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.... Read More

What does your lease provide?  The lease is a contract between you and your landlord.  If it provides that you are to pay rent for the attick anad cellar, then that's what you agreed to and must pay; it if provides that you are only charged rent for space other than the attic and cellar, then the landlord has to live with what he/she agreed to.... Read More

There is a legal doctrine known as economic duress which provides that contracts entered into under economic duress are void.  However, it is very difficult to prove and usually does not succeed as a defense.  The party claiming duress has to show that the other party was threatening to do something that he/she had no legal right to do, which would have caused imminent harm to the party claiming duress, and that the party claiming duress had no alternative but to sign the contract.  The leading case involved a defense contractor with a government deadline by which he had to complete a project or face substantial and ongoing penalties.  One of his suppliers raised the price of supplies, despite a contract fixing the price, and no other suppliers were available.  By the time the contractor could have won a suit, the deadline would have long passed.  The Court held that the contract for the new price was procured by economic duress and void.  You might be able to get out of the contract you signed the same way, but, again, Courts are generally not sympathetic to claims of economic duress and you might not win.... Read More