Maine § 33 §1023 Civil action; relief available

Maine Statutes

§ 33 §1023 — Civil action; relief available

Maine § 33 §1023

Title 33PROPERTY

Ch. 20IMPROVIDENT TRANSFERS OF TITLE

This text of Maine § 33 §1023 (Civil action; relief available) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 33, § 33 §1023 (2026).

Text

1.Civil action. A civil action may be brought to obtain relief under this chapter by an elderly dependent person, that person's legal representative or the personal representative of the estate of an elderly dependent person.

2.Relief available; protected transfers and executions. When a court finds that a transfer of property or execution of a guaranty was the result of undue influence, it shall grant appropriate relief enabling the elderly dependent person to avoid the transfer or execution, including the rescission or reformation of a deed or other instrument, the imposition of a constructive trust on property or an order enjoining use of or entry on property or commanding the return of property. The court shall award reasonable attorney's fees and costs to be paid by the person who e

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1.
Civil action.
A civil action may be brought to obtain relief under this chapter by an elderly dependent person, that person's legal representative or the personal representative of the estate of an elderly dependent person.
2.
Relief available; protected transfers and executions.
When a court finds that a transfer of property or execution of a guaranty was the result of undue influence, it shall grant appropriate relief enabling the elderly dependent person to avoid the transfer or execution, including the rescission or reformation of a deed or other instrument, the imposition of a constructive trust on property or an order enjoining use of or entry on property or commanding the return of property. The court shall award reasonable attorney's fees and costs to be paid by the person who exercised undue influence over the elderly dependent person or by any transferee who paid less than full consideration, as found by the court. When the court finds that undue influence is a good and valid defense to a transferee's suit on a contract to transfer the property or a suit of a person who benefits from the execution of a guaranty on that guaranty, the court shall refuse to enforce the transfer or guaranty.
3.
Statute of limitations.
The limitations imposed by Title 14, section 752, apply to all actions brought under this chapter.