Sarah Anne McDaniel’s Answers

Sarah Anne McDaniel

Westbrook Real Estate Attorney.

Contributor Level 4
  1. My boyfriend had a legal paper drawn up granting me lifetime residency in the house he owns that I live in. Is this binding?

    Answered 7 months ago.

    1. Sarah Anne McDaniel
    2. James D. Wade
    3. Lloyd A. Pont
    3 lawyer answers

    Your question implies that you believe your boyfriend intended to give you what is called a "life estate" interest in the property. In addition to what the other lawyers here answered, even if the document does successfully describe a "life estate" interest, it would not be binding on his relatives or any other person who might buy the property from him unless the proper document was also recorded in the county Registry of Deeds where the property is located. For documents to be recorded, his...

    Selected as best answer

  2. Hello. I am interested in finding out about power of attorney status in a probate circumstance with an inheritance.

    Answered 3 months ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    Depending on how the real estate was owned prior to death, the real estate may have automatically transferred to the other 4 persons (for example, if it was owned in joint tenancy). More likely, the real estate must first be transferred out of the Estate by a deed from the Personal Representative of the Estate. If the decedent was not a Maine resident when he or she died, then a proceeding in Maine will need to be opened. If the decedent already has a Maine probate filing started, then that...

    1 lawyer agreed with this answer

  3. Rights to property

    Answered 6 months ago.

    1. Sarah Anne McDaniel
    2. Seth Gabriel Kagan
    2 lawyer answers

    The land likely changed ownership under the terms of your grandmother's will or Maine intestacy laws. But if the house and land is occupied without permission for 20-years, the ownership could change based on "adverse possession" even if the unrelated caregiver never received an effective deed to the property. You, or your grandmother's heirs should act quickly to get an attorney to help you sort through this mess and stop this unrelated caregiver from building the house on the family's land.

    1 lawyer agreed with this answer

  4. Can I quit claim a property that is involved in a lawsuit? If so, will the lawsuit be effected?

    Answered about 1 year ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    Typically, you should have listed your 1/7th ownership interest as an asset on your bankruptcy filing and you also should have identified the pending partition action. If that was done correctly, the bankruptcy filing would have caused notice to be sent to the other litigants and the partition action would be temporarily halted ("stayed") until your bankruptcy is resolved. Your bankruptcy attorney should be able to assist you with this process.

    1 lawyer agreed with this answer

  5. How do we get a mechanical lien removed?

    Answered over 1 year ago.

    1. Sarah Anne McDaniel
    2. Alexis L. Brown
    3. Cheryl Rivera Smith
    3 lawyer answers

    Ultimately, you will need to get a document that functions as a "discharge" filed in the Registry of Deeds. As the other answer suggested, it is unclear why the prior litigation did not accomplish this. If your lawsuit concluded in a judgment in your favor, then a certified copy of that judgment can be recorded in the Registry of Deeds. However, if your lawsuit against them was "stayed" pending resolution of their bankruptcy claim, then you will have to participate in the bankruptcy...

    1 lawyer agreed with this answer

  6. My property manager "lost" our lease. What are my rights?

    Answered over 1 year ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    There is good information for tenants facing eviction in Maine available on the website for Pine Tree Legal -- a nonprofit that provides legal assistance to low-income Maine residents. You should begin by reviewing their website (www.ptla.org) as that outlines the steps a landlord must take before evicting you. In addition, assuming the facts as you describe to be true, you may be able to hold the property manager accountable for breach of an oral promise. Also, if the homeowners who are...

    1 lawyer agreed with this answer

  7. Does a wife who is POA have the right to sell off the husband's property even thought he's been served by her?

    Answered 8 months ago.

    1. Marty L. Oblasser
    2. Sarah Anne McDaniel
    3. Michael Joseph Kotarski
    3 lawyer answers

    Under Maine law (18-A MRSA sec. 5-910(b)(3)), the agent's authority under a power of attorney is automatically terminated if a divorce action is filed or the parties are legally separated, unless the POA document states otherwise. The husband will need to hire an attorney to determine if the issuance of the restraining order is the legal equivalent of a "legal separation" under this law. and to review the specific language in the POA. The law also protects people who rely on the POA with no...

    1 person marked this answer as helpful

  8. Would like to know if a low income housing lot that has been in place for 21 years has a grandfathers clause. The situation is

    Answered about 2 years ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    There are a few possibilities here. First is that there may be a dispute about the boundary. Simply because the neighbor asserts that the driveway crosses his land does not make it so, even if he has a survey. Review of that survey or obtaining a survey of your own would help resolve that issue. Second, even if the driveway is on his property, you may have a deeded easement or an implied easement in your deed that gives you the right to use the driveway. Lastly, even if there is no...

    1 person marked this answer as helpful

  9. Served Complaint for Absolute Divorce from husband filed in NC 1/24/15. I'm NOT in agreement with the complaint & I live in ME.

    Answered about 1 month ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    A letter to the clerk will NOT protect your interests. I strongly recommend that you obtain legal advice before the 30 days is up. When you seek legal advice, you will want to make note of how you were "served" with the complaint. If it was just mailed to you, that might be insufficient for proper service in the N.C. court, but if a local Sheriff hand delivered it to you, it is more likely sufficient. You may want to search on the internet to identify the providers of low income legal...

  10. What is the statute of limitations for an inheritance

    Answered 4 months ago.

    1. Sarah Anne McDaniel
    1 lawyer answer

    As the deceased is not a family member, you would not inherit anything upon his/her death unless the person had a will and named you as a beneficiary. If that is true, you SHOULD have been notified by the personal representative (PR) of the estate. Once the PR asks the court to "close" the estate, you have six months to file claims against the PR for any breach of fiduciary duty (you may have longer if the PR engaged in fraud or misrepresentation). Because of the possible time that has...