Montana Q&A by Practice Area

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Montana Questions & Answers
0 Answers | Asked in Business Formation and Contracts for Montana on
Q: So we contracted out our services to a franchise company. Who has refused to pay us since Feb of this year. Have sent

numerous invoices. The owner and gm will not return phone calls,emails, or pay us. How can we get paid,and add interest for time lost trying to get paid. How long do we have to do so

0 Answers | Asked in Landlord - Tenant for Montana on
Q: What is the best way to sue a supposed to be future landlord for unpaid labor,backing out of a section 8 rta,& stress

related to them backing out last minute. Locking us out of the property,calling the police to remove us and falsifying reports to police and other county officials. Is there a time limit

0 Answers | Asked in Landlord - Tenant for Montana on
Q: So my family and I were recently served eviction papers from someone who was not our landlord we had the verbal rental a

Agreement with. She told us the old landlady died but then told the judge she has power of attorney over here and her late husband's properties. Is there anyway to find out for sure. Will we go to jail if after the eviction we go back there and claim open/adverse possession. We have been there... Read more »

0 Answers | Asked in Car Accidents for Montana on
Q: I was parked in lot and while leaving hit unoccupied car mirror next to me zero damage . Was it legal to leave?

Car was unoccupied parked next to me it pushed my mirror back but zero damage to either. No property or personal damage was it appropriate and legal to leave the scene. Happened in Montana.

0 Answers | Asked in Child Custody, Child Support and Divorce for Montana on
Q: Have a parenting plan in missouri. Part of it requires a child that graduates high school to notify other parent of

College enrollment by Oct 1st of same yr. That failed to happen. Now an emancipation hearing is scheduled for that child. What will happen on court on the emancipation. What would the court order.

0 Answers | Asked in Employment Law for Montana on
Q: I was falsely accused of sexual harassment by a fellow employee at work. Do I have a right to read the complaint?

The final judgement made by HR was that the complaint was inconclusive.

0 Answers | Asked in Family Law for Montana on
Q: My late wife died without a will.Everything I have read said I get everything being the surviving spouse

Everything we owned was only in her name what paperwork do I have to file to get everything in my name

0 Answers | Asked in Contracts for Montana on
Q: In Montana lease generally states “tentant is responsible for lawn care.”

Come to find out that has evolved over the years to trimming, raking and disposing of fruit tree fruit, spring and fall clean up, watering. It is a muilti family unit.

1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for Montana on
Q: Is it legal for a construction company to not hire any female laborers?

I inquired about applying at a local construction company. I have worked construction before and have good references. I asked about wage match, healthcare, and advancement, on the public ad the company posted. The owner messaged me privately on his personal account responding to my public comment.... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 8, 2023

You should check with an employment lawyer in your state to verify your legal options. However, please be advised that if you believe you were denied work based on your gender and your employer meets the minimum employee count requirements, under federal law - the Civil Rights Act of 1964, as... Read more »

0 Answers | Asked in Civil Litigation and Contracts for Montana on
Q: No central AC in my townhouse rental after agency stated verbally the unit had central air. They are not making it right

No central air per a verbal yes it has central air per an agency employee before signing the contract. My son and myself were present when I asked the question. Now the rental agency owner is saying this doesn't matter. they did not disclose one way or the other weather the unit had AC. The... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Montana on
Q: What to include in a letter to appellate court to review a case?

My husband was given a public defender when this whole criminal case started and then that public defender had to leave due to medical issues so he was issued another. She was informed of the first public defenders evidence that he believed could have had the case dismissed. It proved that the cops... Read more »

John Michael Frick
John Michael Frick
answered on Apr 30, 2023

The key to any appeal is proving through the appellate record that a court made an error, that you “preserved” your right to complain about that error by timely and properly bringing the error to the attention of the trial judge, and that the error was “harmful” probably causing a different... Read 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... Read 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 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 ... Read 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... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Montana on
Q: If I report a possible crime, can police give my name to suspects?

Shortly after reporting a possible Breaking & Entering I witnessed to a local business on my way to work, the local Police came to my job, insinuated I was guilty of a crime and admitted to confirming my identity to the suspected individuals found at the scene. I was not aware I knew them... Read more »

James L. Arrasmith
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answered on Mar 3, 2023

In general, police officers are required to protect the confidentiality of individuals who report crimes. This is commonly known as "confidentiality of sources" or "informant privilege," and it is designed to encourage people to come forward with information about criminal... Read more »

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
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 »

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