We are a group of Reiki Alternative Health Practitioners trying to establish a co- operative in the state of Maine.
A co-operative is not necessarily the same as an LLC ("limited liability company") or a partnership. For an LLC, you and the businesses co-owners need to sign an Operating Agreement and then file a Certificate of Formation and filing fee with the Maine Secretary of State's office. Partnerships can be less formal, but you still should have a partnership agreement. It may be a good idea to discuss your business goals with an attorney so that you can select the best form of business for your goals.See question
I'm looking to transfer my home and land to one of my children. I want to save them from the death tax and protect the property in case I have to go into a nursing home when I get older. I thought of using a Quit Claim Deed but was told that wou...
Your question raises a few different issues to address. The type of deed that you give to your children can be either a warranty deed, quitclaim with covenant deed, or quitclaim without covenant deed (also called a release deed). The type of deed primarily affects your legal responsibility if there is a problem with the title later down the line, it doesn't impact the other issues that you raise.
Protecting the property in case you need to go into a nursing home is a matter of medicaid planning -- any gifts that you give withing 5 years of going into a nursing home will be counted towards your assets when the federal government determines your eligibility for medicaid to help pay for the nursing home. There are some exceptions for your primary home, and for gifts to a child who is your caregiver, but how or if these apply to your situation requires some detailed discussions.
Avoiding the estate tax is primarily a problem if your assets at death exceed $5 Million, although that amount can be changed year-to-year by Congress. Most Maine residents do not come near this amount, but waterfront property or wise investing over the years certainly puts some people into this category of needing specialized estate planning to maximize the value that they can pass to their children.
Lastly, how you decide to convey your assets among your several children is a personal decision, but any unequal gifting may increase the chance that the children fight among themselves after your death....this may be true even when families appear to be easy-going! It can be a good idea to ensure that your will clearly states your intentions to minimize dissent, especially when one child has benefitted from significant gifts during your lifetime.
It seems that you could benefit from an attorney with an "elder care" practice area, and, since some of them do not focus on the real estate aspects, a "real estate" lawyer may also be of assistance.See question
I am looking to build a home on lake waterfront property in Maine. I have two contiguous lots side by side. I know there are shoreland zoning restrictions. Both lots are vacant and have existed since the 1930's. Just starting and looking to ...
A good place to start is to talk with the town's Code Enforcement Officer. Their name & phone number is usually listed on the town website. They will let you know what zone your land is in, and the basic setback rules, height limitations, whether docks may be allowed, etc.. They will also give you their opinion as to whether you have only one buildable lot or if you possibly still have two buildable lots. If you do not like their answer, it may be worth talking to an attorney, because sometimes CEO's get the complicated rules about merger of lots wrong. Ask them to give you a copy of the town's land use ordinance and shoreland zone ordinance, and then find a Maine attorney to confirm your rights. Good luck!See question
A parent has two pieces of property. One (a) piece has a house, well, and barn. The other (b) property situated next to it does not have any structures. The parent leaves the first piece (a) to one their daughter the second to the son. But in the...
Because terms of a real estate conveyance are supposed to be recorded in the Registry of Deeds, any conditions described in the will that are NOT contained in the Deeds of Distribution from the personal representative can cause real dispute. A careful review of the will and the deeds (if any) that have been issued for the property is advised. It is also important that neither sibling sell their property without making sure that this "mess" has been cleaned up. An innocent buyer might have a claim against the seller sibling if the other sibling prevails in a dispute (for example, if the sister sells and the buyer is mad that the brother can use the well; or if the brother sells and the buyer is mad that he doesn't have use of the well).See question
Last year my boyfriend and I bought a house together. Now he has decided that he no longer wants to live here and tells me he is moving out and doesn't have to take care of his half of mortgage if he isn't living her. Both our names are on the loa...
If it is a typical mortgage, then the bank can hold you individually liable for the full amount if the boyfriend refuses to pay. And, of course, if the bank is not paid in full, they always have the option to foreclose so you could lose your home. However, you have an option to seek a judicial "partition" to get his name off the deed and mortgage. That involves going to court, and you may need to refinance or get the current bank to agree to removal of his name.See question
We own two homes and a vacant lot together . We have agreed that he will sign over his interest in the two houses and I will sign over my interest in the vacant lot . Do we need title search/insurance ? I want to be sure there are no surprises lik...
Depending on how the property is owned in the actual deeds (a distinct partnership, or the two of you jointly as individuals), the exchange of deeds could be simple. However, you should always have an attorney review the title on your behalf and handle the closing to ensure that it is a simultaneous exchange of deeds and that no new liens are created. If there are existing mortgages, those will need to be paid off. If the partnership extends to more business matters than just the property ownership, other steps to dissolve the business may be required.See question
one owner is not allowing us to rent unless a separate check is sent to her each month for her share of rent...she does not agree to have any monies taken out for expenses and is in arrears $3000.00 from previous expenses she has not paid her shar...
As a partial owner, she would have to agree to the rental. While ultimately a partition action in Maine Superior Court is necessary to resolve this dispute among co-owners, it is possible that you and she can negotiate a better resolution. Does she want to occupy the place herself? Or does she want to be "bought out" of her share of the property? Depending on what she wants, it may be possible to negotiate a resolution that works for everyone.See question
Do you need a litigator with real estate experience or is an adverse possession defense more specialized?
Some attorneys who consider themselves "real estate attorneys" primarily focus their practice on real estate transactions. You need a litigation attorney, but when you call potential attorneys you should ask whether they have any experience with adverse possession claims.See question
WE PLACED A 1999, 28X60 MODULAR HOME WITH A FULL DAYLIGHT BASEMENTON MY PARENTS LAND IN 1993 AND HAVE BEEN LIVING THERE EVER SINCE THEN. WHAT WILL HAPPEN IF MY PARENTS LOSE THEIR PROPERTY TO UNPAID TAXES, THE STATE TAKES IT IN THE EVENT OF THEIR...
In Maine, "squatters rights" is formally known as "adverse possession." It is difficult to prove, and the fact that your parents owned the land while you had your house there makes it more difficult. The reason is because, in Maine, the courts will presume that you had your parents' permission to keep your house on their land due to the family relationship. If your parents transfer ownership of their land, either voluntarily or by tax foreclosure or estate taxes, you are definitely at risk of losing your home.See question
We, as stated in property access to Cobbassee Stream, have been denied access because Hilltop Log Homes has not provided a walkway for us. I've been told they don't intend to make this access.
Having access rights, and having someone else obligated to construct an access route are legally two different things. You should have an attorney review your deeds, any written contracts, permits and any verbal agreements that may exist regarding the access route. If the access was part of a town permit (for example, a subdivision approval), you may want to talk with the town code enforcement officer to see if the town will enforce any conditions in the approval. Otherwise, the only way to resolve the dispute is by voluntarily entering into an agreement (which should be in writing and recorded in your county registry of deeds) or by going to court.See question