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Montana Questions & Answers
0 Answers | Asked in Uncategorized for Montana on
Q: Can you replace your marriage certificate with a replacement document?

My mother and father pushed for myself and my long time partner to get married as we ended up having to live with them. My father officiated and his name is on our wedding certificate. Our relationship with my parents is now terrible and my husband would like my father's name off of our... Read more »

0 Answers | Asked in Banking, Business Law, Contracts and Real Estate Law for Montana on
Q: Is a title company liable for someone using my bank account information as their own?

Should the title company verified with me before using my card to pay someone else property payments? And since person paid off their property with my bank account (in my name only) should I get the property that was purchased with my banking info?

I know the person is responsible for what... Read more »

0 Answers | Asked in Consumer Law and Legal Malpractice for Montana on
Q: Are the loans on subreddits r/borrow and r/simpleloans even legal?

Many places have a max legal interest rate, and the loans on those subreddits surely exceed those rates. For example, a borrower might say I will repay $150 in 10 days for a $100 loan, and some lender will agree to that.

So if the interest is illegal, then are all those lenders and... Read more »

0 Answers | Asked in Family Law for Montana on
Q: impersonating someone to have a body moved.

My mother expressed her wishes to be cremated to 7 of our family members. Upon her death, the oldest sibling was given the power to make arrangements. The youngest sister called the funeral home she was in and impersonated the oldest sibling and had her body moved to a different county/town.... Read more »

0 Answers | Asked in Landlord - Tenant for Montana on
Q: I just moved out of an apartment,final power bill is large,as restoration company ran heat & fans. who pays power bill

Pipes burst in apt building, my apt flooded. I had 2 move. Restoration company had heaters & fans plugged in @ my apt for weeks as I was packing. My final power bill is allmost 3 times larger than the biggest monthly bill I recieved while living there. How do I figure out the portion of power... Read more »

0 Answers | Asked in Criminal Law for Montana on
Q: In the state of Montana if you miss your court date while on bond because you were in the hospital and can prove it will

You still be charged with bail jumping and if so can I beat the charge with prove

0 Answers | Asked in Employment Law for Montana on
Q: Hypothetically, can I collect money for multiple claims- or are they all clumped into one?

I experienced Discrimination due to a disability, I was retaliated against, and I was a whistleblower. Let's say I file a claim, and my employer is found guilty of all three claims. That said, is it possible to collect money for all three claims? For example, let's say $100,000 from... Read more »

0 Answers | Asked in Civil Rights for Montana on
Q: Can the police get mad and all team up and charge me with ten felony's and several misdiminors

Can the Cops charge me with charges dating back 3 years ago till now all out of spite? They charged me with it all within 2 days... So now I'm out on two different bonds the first one they sent something to a unknown address so I never knew about the warrants then the second one they never... Read more »

0 Answers | Asked in Civil Rights for Montana on
Q: Are the cops aloud to lie in the police report

Are they aloud to make stuff up that's not true to make you look like badd in court

0 Answers | Asked in Uncategorized for Montana on
Q: How long before a case can be dismissed with prejudice? Arrested but not formally charged in court for 3 months so far.

I was arrested 3 months ago in Montana for DUI #4 Felony, since arrest I posted bail and was placed on an alcohol monitoring program that costs me $230 per month. For whatever reason the prosecutor has not filed my charges with the court yet, almost like they have forgotten about me. I hate to... Read more »

0 Answers | Asked in DUI / DWI for Montana on
Q: My friend was jailed for 5 days on 01/13/23 on showing up at court on what she didn't know was a patition to revoke.

She was not allowed to say anything to the judge, she was not allowed an attorney, the case is over 4 years old, all her fines are paid, has something to do with a second opinion that she didn't get. As far as I know her probation time has expired and this was a first offense.

0 Answers | Asked in Employment Law and Civil Rights for Montana on
Q: Does Montana have a law against unfair work enviroment? It's so bad i have to find a different job.

My manager is favoring a coworker by giving him more hours and we both do the same job. He has been working 5 days a week and me 2 to 3 days a week. He was hired a couple months after me. Our manager and him have become good friends.

0 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Montana on
Q: I got a DUI after illegally passing and blew a 0.058 and I didn't even consume alcohol.

I took mouthwash (before I left the house), had mint ice breakers( right as I was pulled over) , and was smoking off a menthol vape (shortly before getting pulled over)

1 Answer | Asked in Estate Planning for Montana on
Q: who becomes executor of a trust if executor dies before children reach age to control it?

My ex has terminal cancer her elderly parents are executors, kids wont be of age for 9 years. (age 25)

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 28, 2022

Trusts do not have executors, so you probably meant to ask who will be the successor trustee if the named trustee has passed. The answer is whomever is named as the successor trustee in the trust instrument. If no successor is named, then a petition will need to be filed with the court to have... Read more »

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
PREMIUM
Anthony M. Avery
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... Read 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,... Read 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
PREMIUM
Nina Whitehurst
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... Read 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...
Read more »

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.

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