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Montana Questions & Answers
0 Answers | Asked in Landlord - Tenant for Montana on
Q: Landlords: Montana Dep. Comerce, Mold issue can I sue?

I have been reporting a mold issue in a project-based section 8, HUD-subsidized building for over a month. I have a long history of upper respiratory issues. Bought a Healthful Home mold test and the lab results came back Penicillium/Aspergillus Mold, Moderate level. There is a patch of mold that... View More

0 Answers | Asked in Consumer Law, Business Law and Lemon Law for Montana on
Q: Hello, is it legal for GM to not reimburse a dealer for high voltage batteries during warranty repairs in Montana?

Hello, I am wondering if it is legal for GM to not pay the dealer parts department for the replacement of high voltage batteries on hybrid or electric vehicles under warranty. The way they get around this is by not making batteries available for the dealer to purchase from GM. When a battery is... View More

0 Answers | Asked in Family Law for Montana on
Q: How do I get emancipated in Montana?

I’m 17 and recently my sister kicked me out of her house due to me “being unhelpful” so I’ve been staying with my friend. His parents welcomed me and said I can stay with them but I don’t want to keep being a bother to them. I have a job and I work as much as I can so I think I can support myself.

0 Answers | Asked in Consumer Law and Small Claims for Montana on
Q: If I get a vehicle repossessed in the state of Montana can the bank that took it still take loan payments on the vehicl?

The bank is where I funded the vehicle and where I have my account with.

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.

0 Answers | Asked in Estate Planning and Probate for Montana on
Q: The PR of my childrens Mothers estate decided to put the minors inheritance in custodial accounts, can they do this?

The Personal Representatives are also named as trustees in the testamentary trust established in the will. They informed me they decided to not establish a trust account, but instead they divided over $350,000 into two custodial accounts and invested in 6 month CDs for the two minor beneficiaries.... View More

0 Answers | Asked in Real Estate Law for Montana on
Q: I lease a small parcel of commercial retail space, payable the 1st of each month.

I also have an alliance agreement with the lessee, dividing the operating expenses and the net profits of the business that occupies the leased space. Operating expense-wise, there is no out-of-pocket for me; my end of underwriting operating expense comes out of gross revenue, that otherwise would... View More

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Montana on
Q: What other documents can I use to show to get my drivers permit?

My green card was stolen years ago and got a new one filed more than a year ago and still haven’t received it. I’ve tried to get my permit multiple times but I was told that I couldn’t because I didn’t have a green card though I have proof of it. What do I do?

I cannot simply wait... View More

James L. Arrasmith
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answered on Nov 18, 2023

To apply for a driver's permit without your physical green card, consider using alternative documents that prove your legal status in the U.S. Typically, a state's Department of Motor Vehicles (DMV) accepts various forms of identification and legal status documentation.

You can...
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1 Answer | Asked in Traffic Tickets for Montana on
Q: Ticket says "committed the offence of going 11-20mph over but in the speed recorded area it says I was going 23mph over"

So because of this typo I went from having to pay a fine to having to going to open court. Should I plead not guilty because I didn't do what the ticket said I did, even though I actually when faster then the charge?

James L. Arrasmith
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answered on Nov 13, 2023

In your situation, where the traffic ticket states one speed but the recorded speed is higher, it's important to carefully consider your options. Pleading not guilty because of a discrepancy in the ticket could be a viable defense, especially if the ticket's information is materially... View More

0 Answers | Asked in Criminal Law and Civil Rights for Montana on
Q: I gave a interview while having symptoms of my TBI I should have had medical care is that admissible in court?

I have a TBI that affects my thought process, speech and overall behavior when under stress or with seizures. After my home burned down I gave a statement while I was in effects of this. Normally I would have been hospitalized. Three people who gave statements against me all stated they thought I... View More

0 Answers | Asked in Legal Malpractice for Montana on
Q: If this person Burnett was aquitted of these charges gon through more legal process denied legal documents.

This case DA-18-0738 does not hold all roa transcripts from case file Dnc-18-073 Dnc-19-072 in this chrimal record. Also this person Burnett went through post conventional relief was also not file. The hebus corpus which was closed without prejudice yet Burnett bench trial would been legally a mis... View More

0 Answers | Asked in DUI / DWI, Civil Rights and Sexual Harassment for Montana on
Q: Probable cause dui while in my home

I was reporting a rape

0 Answers | Asked in Land Use & Zoning for Montana on
Q: Can subsequent city zoning reclassification obviate established HOA covenants establishing single family only use?

The city of Bozeman is revising its land use and development rules that will reclassify single family (R1) residential restrictions to multi-family (RA) use. (Sundance Springs HOA recorded an amendment to its covenants in 2007, so the covenants clearly were established long before the planned... View More

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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Q: I submitted a civil complaint pro se in federal district court of Montana and need to do some modifications need the hel

Where several offices under the Department of the Interior failed their civil duties that in turn violated many rights causing irreparable harm, which the Solictors denied in a letter 1 year after the submission of my tort claim

James L. Arrasmith
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answered on Oct 23, 2023

If you've filed a civil complaint pro se in the federal district court of Montana and wish to make modifications, you'll likely need to file an amended complaint. Under Federal Rule of Civil Procedure 15(a), a party may amend its pleading once as a matter of course within 21 days after... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Personal Injury and Native American Law for Montana on
Q: How do I find a lawyer from Montana who does civil actions against the federal government exhaustion of tort claim
James L. Arrasmith
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answered on Oct 23, 2023

To find a Montana attorney experienced in civil actions against the federal government following the exhaustion of a tort claim, consider the following steps:

1. The State Bar of Montana operates a Lawyer Referral Service which can assist in connecting you with a suitable attorney....
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1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Landlord - Tenant for Montana on
Q: My sister and I have been bullied by or pears and landlord for being a single over 50, Montana bread and born evon the c

Cops are involved.i herd a cop say to my x was we always catch people like her sooner or later.i don't know what he was talking about.my nabier and there kids shoot my animals and vehicles and home with are rifles.my car has several dents and scratches on the glass facing there yard.we also... View More

James L. Arrasmith
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answered on Nov 5, 2023

If you believe you and your sister are victims of harassment and your property has been damaged, you should document all incidents and report them to local law enforcement. Bullying and harassment are serious issues, and you have rights that protect you against such behaviors. Property damage and... View More

2 Answers | Asked in Immigration Law for Montana on
Q: What are the possible waivers to change status From J1 to H1?
James L. Arrasmith
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answered on Oct 22, 2023

Transitioning from a J1 to an H1 visa can be complicated, especially if you're subject to the 2-year home residency requirement. If you are, you'll need to obtain a waiver before you can change your status. There are several grounds upon which one can apply for a waiver:

1. No...
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