Montana Q&A by Practice Area

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Montana Questions & Answers
0 Answers | Asked in Divorce for Montana on
Q: My son’s wife left their home April 3rd. She is in AZ. He wants to file for dissolution as soon as possible.

She is sexually active and he doesn’t want her returning saying she is pregnant.

He works at Good Samaritan donation store. They own nothing, he has a car in his name.

What is the best way to file quickly? No children.

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Montana on
Q: I'm being asked to vacate a 10X20 storage unit packed full by 6/30 with about 40 others due to demolishing. 80 renters..

..get to stay, seems unfair and I'm wondering if I can ask for relocation fees.

0 Answers | Asked in DUI / DWI for Montana on
Q: I was charged with a Montana dui on January 19th, 2011 first offense. I plead guilty and my license was suspended.

In 2014 I got another dui. On September 16th, 2021, I was charged with third offense dui and recently took a plea bargain on April 14, 2022.

There was more then ten years between the first and third dui so was this not the correct charge?

0 Answers | Asked in Uncategorized for Montana on
Q: Is there a Montana law similar to this law in Mississippi: Mississippi HB 786, Church protection act

I am the Director of church security in Kalispell, Mt and am putting together a policy to protect my team.

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Montana on
Q: Can a Homeowner Association in Montana prohibit any homeowner from renting their unit for any amount of time?

Can an HOA limit the number of units in the development that can be rented?

0 Answers | Asked in Criminal Law for Montana on
Q: My friend borrowed money over 13 thousand in November of 2021. How long do I have before I can't sue him for it?

We had a recent falling out and he said he won't pay back the money. Most likely he is going to say I gave him the money or paid him for things with that money. But it was just to borrow when he needed help. Unfortunately we did not sign a document saying it was just to borrow. But I do have... Read more »

0 Answers | Asked in Criminal Law for Montana on
Q: I have a temp order of protection against a friend and was wondering if I need to be represented at the hearing?

They have an attorney representing them and I would like to know if I need one? If so what would be the right attorney for me?

0 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Public Benefits for Montana on
Q: Filed a claim with PUA as an independent worker/gig worker, originally was awarded benefits later found ineligible

Should I push on with this hearing or just walk away $47,000 is it steak and I feel like it was a legitimate claim I filed his a gig worker from March 20 20 through August 20 20 I receive benefits at the beginning of August I was denied and deemed ineligible. The business was not in my name as the... Read more »

0 Answers | Asked in Civil Litigation and Civil Rights for Montana on
Q: An elderly family member was sexually assaulted at an assisted living facility about 6 months ago.

What is the statute of limitations in which we can file a civil lawsuit against the facility?

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 »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Montana on
Q: In MT are rv trailers on a lot considered the same as a mobile home trailer on a lot, legally speaking.

Owner sold property and new owner is going to build homes and kick me and another renter out, I own my 30ft rv trailer and my neighbor owns his mobile home trailer. We had been told by a lawyer once that the new owner would have to buy us out of our spots or find us a reasonable replacement. When I... 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
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.

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... Read 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... Read more »

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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
Meg Strickler 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...
Read more »

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