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Montana Questions & Answers
1 Answer | Asked in Real Estate Law for Montana on
Q: My dad and stepmom bought land in 1978 with her sister and brother in law. 10 acres apiece. They have all passed now, so

how do I get my dad's half of the land in my name? He did not have a will, just a power of attorney, listing me as the agent if my stepmom was incapable. This is in Montana.

Anthony M. Avery
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answered on Nov 15, 2023

Hire a MT attorney to search the title and determine heirship. Hopefully a recorded Affidavit of Heirship will be your source of title. Someone has to pay taxes.

2 Answers | Asked in Car Accidents and Insurance Defense for Montana on
Q: I was in a accident with a friends vehicle. No one is injured but my insurance wants me to record a statement.

I slid out on ice and hit my friends car. I have never dealt with an insurance company before and I want to make sure I don't get taken advantage of. What should my course of action be?

Joel Gary Selik
Joel Gary Selik
answered on Oct 31, 2023

Your concern is warranted.

Your insurance policy likely requires you to give a statement. It is probably unnecessary for you to have an attorney but you can hire someone to be with you if you would like.

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1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Montana on
Q: They're trying to charge me for a third DUI. The call was made to the dispatch from a guy who was selling us a truck

They took parts off the distributor cap so we can keep it running to move it. I went to go get gas and on my way back I was sitting at the light with a car in front of me and a car behind me. The cop turn onto the street from the light seeing me and immediately makes a u-turn almost wrecking the... View More

James L. Arrasmith
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answered on Oct 15, 2023

If you believe your rights have been violated during the arrest or subsequent legal proceedings, it's essential to discuss your concerns with your attorney and consider seeking a second opinion if necessary. Your attorney should work diligently to protect your rights and provide the best... View More

1 Answer | Asked in Divorce for Montana on
Q: a MT couple with 2 kids under 18 are temporarily separating and one is moving out - is this a good idea or abandonement?
T. Augustus Claus
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answered on Aug 8, 2023

Temporary separation between a married couple is not necessarily considered abandonment, especially if both parties agree to the arrangement and continue to provide care and support for their children.

1 Answer | Asked in Civil Litigation for Montana on
Q: Can I sue a caregiving agency if a worker vandalizes my apartment?
T. Augustus Claus
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answered on Aug 7, 2023

If a worker from a caregiving agency vandalizes your apartment, you may have the grounds to pursue legal action against both the individual worker and potentially the agency as well.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Montana on
Q: Would you be able to help me prepare an appeal brief based on 2 hearings whereby Decision was based on false findings?

Department of Labor and & Industry UI Division made a decision an overpayment was due after I was forced to be ... View More

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2023

A Montana attorney could advise best, but your question remains open for four weeks. From your question asking for assistance in preparing a brief, it looks like you might be under the impression this is a law firm or legal services provider. This is only a Q & A forum, dealing with quick and... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Montana on
Q: Am I understanding the “Modification of Protective Covenants” correctly?

The covenants for our subdivision state: “these protective covenants shall be binding upon all persons owning land in the subdivision. They shall be modifiable by a 2/3 vote of a majority of the owners of lots in the subdivision (one vote per lot).”

There are owners that own up to 3 or... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

It most likely means 21 lots must vote in favor.

Owners with more than a single lot can cast one vote per lot they own.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Montana on
Q: 6 siblings inherited land. 5 of 6 want to sell. Do all need to agree to sell or majority rule?

The 6th said he would purchase our shares but it would be at an incredibly low price

Anthony M. Avery
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answered on Oct 26, 2022

You may need to file suit for a Sale For Partition.

1 Answer | Asked in Business Formation and Business Law for Montana on
Q: Taking a name?

My family lives in PA, but we want to start a ranch in Montana. The name Mountain Valley Ranch is already issued as an assumed business name but under the sub of an individual. We were looking to go in as an LLC to protect assets. Are we able to submit that name as an LLC without legal issues?

Nellie T Schulz
Nellie T Schulz
answered on Apr 20, 2022

This is a question of Montana law, not Pennsylvania law. Most likely, you will have to get the permission of the current owner of the name to use their name. Under Pennsylvania law, a person or company does not acquire any intellectual property rights in the registered name of a company, but the... View More

1 Answer | Asked in Criminal Law and Personal Injury for Montana on
Q: Can I take my district court case to the Montana Supreme Court before it’s heard in district court?
Tim Akpinar
Tim Akpinar
answered on Apr 1, 2022

A Montana attorney could advise best, but your question remains open for three weeks. Something isn't fully clear because it sounds like you may be talking about a trial-level federal court and a high-level state court. An attorney in Montana could probably outline advantages, disadvantages,... View More

1 Answer | Asked in Estate Planning for Montana on
Q: .My significant other has no will. What are the consequences for me upon his death?

We reside together in the state of Montana. He has a storage locker filled with valuables. My name is listed on the storage locker paper work.

Nina Whitehurst
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answered on Jan 12, 2022

You are wise to be concerned about this. Single couples need to do estate planning more than just about any other demographic! The reason is, if a single person passes without a will or trust, his or her estate goes to the next of kin NOT TO THE UNMARRIED PARTNER. Also, if ANY person becomes... View More

1 Answer | Asked in Products Liability for Montana on
Q: I want to design a device that improves two different expired patents. How must it improve to be legal?

Both of these devices used together would drastically improve the function of both devices. Is there a certain point I would have to hit to be considered improved enough? Or does the invention have to be significantly different than both? Thank you

Peter N. Munsing
Peter N. Munsing
answered on Jun 2, 2021

you want to refile under patents & trademarks. This topic deals with who is at fault when a product malfunctions or is of an unsafe design and someone is killed or injured.

Patent questions are highly technical, and you need to look for a certified patent attorney and pay for their...
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1 Answer | Asked in Immigration Law for Montana on
Q: Hello. I would like to ask a question about the approval of an immigrant visa

I plan on filing a petition for my parents. However, I am afraid that it might get denied because of my work history. I haven't had a long term job for the past two years because I move from one job to another multiple times. Will USCIS consider my work history as a factor of approval?

Stephen Arnold Black
Stephen Arnold Black
answered on May 23, 2021

A US citizen sponsoring his parents for permanent residency is required to file an affidavit of support that meets the necessary income threshold based on his household size. If you do not meet that threshold, you can engage a joint sponsor who can.

2 Answers | Asked in Child Custody, Family Law and Immigration Law for Montana on
Q: if the mother of my child is a non citizen, but does have a social, can she take my child and move away??

she has never applied for or is a citizen and she wants to leave the county and/or country with our child. I tried helping her with citizenship and she refused. Now she wants to take my child away for a 3rd time now and just leave with her. She has no citizenship but has been employed for her adult... View More

Agnes Jury
Agnes Jury
answered on Apr 27, 2021

Whether your permission is needed for the child to travel internationally depends on whether you are on the child's birth certificate and have custody, as well as what the airline and country of destination regulations are. A family law attorney may be able to get an order forbidding removal... View More

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1 Answer | Asked in Civil Litigation, Products Liability and Insurance Bad Faith for Montana on
Q: While traveling from California to Montana in January I acquired AAA Towing services $5000+ plus was stolen. Now what?

I left Cali Friday 01/22/21. On The 23rd east of Truckee Nevada I had blown a tire. Wile stuck on side of the road for 6 - 8 hours looking for ways to get it fixed that day the 23rd. AAA had assured me more than once that it would be taken care of that day and even gave me a phone they could get my... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 6, 2021

File a theft complaint with the police if you haven't already. File a claim with your insurance company. Contact Tripple A.

Contact a member of the Nevada Trial Lawyers Assn who handles insurance to see if you have any claim--I'm not seeing it.

You have a claim agasint...
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1 Answer | Asked in Criminal Law and Federal Crimes for Montana on
Q: When a residence is raided by law enforcement they leave behind a property sheet of items they took, at the top it says

Property receipt, I’ve been told that I can go retrieve the items they took from my room. Is this true , as they took $ 2300.00 from me that I had been saving. No charges have filed on any of the individuals there nor the home owner.

Meg Strickler
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answered on Mar 1, 2021

I would advise that you contact a lawyer to attempt to get your items back. Since there was a search warrant executed where you live, it may mean that there is an active investigation and thus it may not be a good idea to speak to law enforcement without representation.

Charges could...
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2 Answers | Asked in Immigration Law for Montana on
Q: The mother of my child is American. However she was born in England bt lived here 42yrs How can we get her U.S.citizens?

AS A child her Father ONLY- (dec-citizen), raised her inside the US. THEN She was 12 & forced into foster care. She had graduated HS, ALWAYS WORKED since age 17 or younger and always paid her taxes like ALL Americans SHOULD. She never has been on Assistance or has never asked the government for... View More

Nareshwar Singh Virdi
Nareshwar Singh Virdi
answered on Feb 28, 2021

This is a complicated situation. We need more information to determine if she ever qualified as a citizen as a minor.

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1 Answer | Asked in Real Estate Law for Montana on
Q: How can i buy an abandoned house from a person who is deceased

My aunts bf died 3 years ago and the house has been abandoned since then no one has claimed ownership and 3 years of taxes are owed. It is in montana and i am wanting to know how i could go about buying the house

Anthony M. Avery
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answered on Jan 4, 2021

Hire a competent MT attorney to search the Title, determine Heirship, and draft/record an Affidavit of Heirship. That will be your Source of Title but you will have to pay sufficient money to the Heirs to get their Deed. Or you might check when the Tax Sale will be. A possible successful bid... View More

1 Answer | Asked in Divorce and Military Law for Montana on
Q: I need someone to help me with a COPA for the USPS in Billings Montana?
Tim Akpinar
Tim Akpinar
answered on Jan 4, 2021

I'm sorry your question remains open for five weeks. At this point, you could reach out to attorneys using the Find-a-Lawyer tab above to the left, or through your own independent searches. Good luck

Tim Akpinar

1 Answer | Asked in Employment Law, Contracts, Copyright and Business Law for Montana on
Q: Regarding the employment of an individual to work on a Youtube channel, what are the conditions of a non-compete clause?

In this case, the agreement prohibits "similar derivative" from being created by the employee.

What are the space, time and content limitations of such clauses? Are there others?

What are legal references to such provisions?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 17, 2020

You need to contact an attorney to understand this better.

The restrictions can be limited to a reasonable time and geographical area.

It also depends on whether there was compensation and the amount of said compensation.

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