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Montana Questions & Answers
0 Answers | Asked in Real Estate Law and Land Use & Zoning for Montana on
Q: Can the seller of my house take down and keep 120ft of fencing that was established prior to me buying the house

I’ve owned the property for a year now. Recently they said the fence is 28ft over the property line and instead of letting me move it to my true property line they want to take it down and bring it to another property. They built the fence before I bought it. We worked with the same realtor and... View More

0 Answers | Asked in Consumer Law, Personal Injury and Business Law for Montana on
Q: My Accountant lost all my tax documents in the mail. I told them I would pick them up, and they mailed it anyway.

It had all of my husbands and my information, SSN, birth dates, annuity account numbers, 1099, home and rental information, bank and saving accounts, brokerage info etc. What is my recourse. Identity theft, withdrawals from accounts etc.

0 Answers | Asked in Family Law for Montana on
Q: I am 16 and my dad took my phone after finding out I bought a new one with MY money. can he do that?

I Have a job and receive the money from payroll, I pay for my service with straight talk which is a line that does not require a contract of any kind and I pay with cash every month. My parents are not legally separated but I live with my mother currently, so is it legal for my father whom I do not... View More

0 Answers | Asked in Family Law for Montana on
Q: I am 16 and my dad took my phone after finding out I bought a new one with MY money. can he do that?

I Have a job and receive the money from payroll, I pay for my service with straight talk which is a line that does not require a contract of any kind and I pay with cash every month. My parents are not legally separated but I live with my mother currently, so is it legal for my father whom I do not... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for Montana on
Q: Need child custody lawyer ASAP for Miles City MT. Court is July

My daughters lawyer just quit. She can't find a lawyer to take her case. No one wants to travel or work with the Judge. Don't have a lot of money

0 Answers | Asked in Criminal Law, Internet Law and Sexual Harassment for Montana on
Q: How do I deal with Spyware app being used to invade my privacy

Ex boyfre. phone hacked by a Spyware app. By girl he cheated with. She has openly admitted to it but I do not know if there is any proof. The phone hacked is no longer around as he's had a couple of them since then. If I go back far enough I might be able to find a text message from him... View More

0 Answers | Asked in Employment Law for Montana on
Q: Is it legal for a employer to pocket part of a per dium that the forest service pays towards missed meals

I work for a wildland contractor. If i am more than 30 mile away from camp they pay a per dium to the company to cover meals and hotel. My employer has us pay for meal on a company card and pockets what we dont spend. He complains if we eat out and spend close to tbe daily ammount that the company... View More

1 Answer | Asked in Immigration Law for Montana on
Q: NIW- EB-2 self petition

I am a J1 Participant, seeking information about NIW EB-2. I have bachelors, 5 years in total teaching services, have both license from the original country and here in US. IS there any chance I can petition myself with all of my credentials?

James L. Arrasmith
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answered on Apr 10, 2024

The EB-2 National Interest Waiver (NIW) is an employment-based green card category that allows individuals with exceptional ability or advanced degrees to self-petition for permanent residence without a job offer or labor certification. To qualify for an NIW, you must demonstrate that your work is... View More

1 Answer | Asked in Military Law for Montana on
Q: Can you leave the military if they promised you under contract to repay student loans but are not following through?
James L. Arrasmith
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answered on Mar 22, 2024

If the military is not following through on their promise to repay student loans under your contract, it's essential to understand your options carefully. Begin by reviewing your enlistment contract and any other relevant documents to confirm the terms regarding loan repayment. Documentation... View More

1 Answer | Asked in Civil Litigation for Montana on
Q: Im 18, and live with my parents. My mom takes things that I buy, stating my house my rules. Is it legal?

My mom uses the my house my rules line for a lot of things, like no video games during the week, and only stay up until 10 on weekends. I can see those as fair rules. My mom keeps taking my vapes that i buy. Before anyone reading judges me, just know the nicotine helps with my migraines and in 6... View More

James L. Arrasmith
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answered on Mar 21, 2024

When you're living at home, the dynamics can be complex, especially when it comes to the boundaries between personal autonomy and household rules. Your mother's stance of "my house, my rules" is common, especially for minors, but at 18, you're considered an adult in many... View More

2 Answers | Asked in Copyright, Business Law, Trademark and Intellectual Property for Montana on
Q: I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?

It is not a registered business or trademark. They only have the domain name.

Sean Goodwin
Sean Goodwin
answered on Mar 21, 2024

This is potentially a problem.

Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.

Federal trademark...
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1 Answer | Asked in Real Estate Law and Tax Law for Montana on
Q: Can someone tell me where to procure a letter to a homeowner that I will be paying the property tax that is delinquent s

I need to get the assignment underway or my parents who died without a will may be in jeopardy of a tax lien sale.

James L. Arrasmith
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answered on Mar 8, 2024

To address delinquent property taxes and prevent a tax lien sale, especially in a situation involving inherited property from parents who passed away without a will, it's crucial to act quickly and efficiently. Crafting a letter to the homeowner, or in this case, to the relevant tax authority... View More

1 Answer | Asked in Federal Crimes for Montana on
Q: My 27 yr old son was brutally assaulted by prison guards in front of other inmates. We need an attorney to help us.

The inmate witnesses are all willing to testify or submit affidavits in my son's behalf. It's almost been 3 years now. Can he still file against the prison?

James L. Arrasmith
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answered on Feb 25, 2024

Hearing about your son's ordeal is deeply troubling, and seeking legal assistance is a crucial step in addressing such serious allegations of assault by prison guards. It's important to act swiftly to ensure that your son's rights are protected and that any potential legal action is... View More

1 Answer | Asked in Civil Litigation for Montana on
Q: How is a cause of action determined
James L. Arrasmith
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answered on Jan 28, 2024

A cause of action in legal terms is determined by establishing that there is a set of facts or legal theory which, under the law, entitles a person to seek a legal remedy against another. This involves identifying a specific legal right that has been violated and showing that the violation has... View More

1 Answer | Asked in Tax Law and Business Law for Montana on
Q: I own multiple LLCs. I'd like to transfer all physical assets from the individual LLC's to one Holdings Company.

My state allows Series LLC's. What would be the best structure to keep the assets under one LLC, and insulated from the other operating LLC?

James L. Arrasmith
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answered on Jan 22, 2024

Transferring assets from multiple LLCs to a single holding company can be a strategic move to consolidate assets and streamline operations. Since Montana allows Series LLCs, you might consider this structure. A Series LLC can have separate "cells" or "series," each with its own... View More

1 Answer | Asked in Civil Litigation for Montana on
Q: can you go to court over manipulated over money for a period over a year?

I was thought to be in a relationship with someone. I paid countless bills on the stance we were in relationship. Over the past few days I was told we weren't at all. I was manipulated over the past few months when I tried to leave.

James L. Arrasmith
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answered on Jan 11, 2024

In a situation where you believe you were manipulated into paying someone's bills under the pretense of a romantic relationship, you might have legal recourse. The key issue here is whether there was deceit or fraud involved in convincing you to provide financial support.

To pursue...
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1 Answer | Asked in Civil Litigation, Elder Law, Criminal Law and Family Law for Montana on
Q: My younger sister has been stealing money from my moms account. Do we call police or hire a lawyer?

Nothing to add

James L. Arrasmith
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answered on Jan 13, 2024

In a situation where your younger sister has been stealing money from your mom's account, you have a few options to consider. It's important to weigh the circumstances and potential consequences before deciding on a course of action.

One option is to report the theft to the local...
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1 Answer | Asked in Federal Crimes, Criminal Law and Immigration Law for Montana on
Q: My husband its in jail for breaking his probation< Can he be my sponsor to fix my papers,No crime against minors

his crime its related to Marihuana<serving a 10 month sentence,will be release on April 25 2024,the charges are having related to a person who commited crimes,and No having completed the program for addiction

James L. Arrasmith
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answered on Jan 13, 2024

Your husband being in jail on probation violation related to marijuana should not directly impact your immigration status or the process of fixing your papers, assuming there are no legal issues surrounding your own immigration status.

However, when it comes to sponsorship for immigration...
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1 Answer | Asked in Gov & Administrative Law for Montana on
Q: Is it legal in Montana for a process server to get someone to let them into your secured building?

Local police have had trouble getting in to the building so I really believe someone let them in.

James L. Arrasmith
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answered on Dec 10, 2023

In Montana, the legality of a process server gaining access to a secured building depends on the methods used to gain entry. Process servers are generally allowed to use legal means to serve papers, which includes entering public areas of buildings. However, they must abide by all laws and... View More

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