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In approximately 2012, my friend's 6-year-old son, who was diagnosed with cerebral palsy, fell down concrete stairs at Little Acorns daycare, resulting in severe brain damage. He is now 19 years old, unable to walk or live independently, and requires full-time care, which I provide. The... View More 
I have a question regarding the legality of FBI agents supervising and executing tribal arrest and search warrants on tribal lands for an enrolled tribal member during a federal drug crime investigation. No federal warrant was signed or valid at the time, and the defendant contends this made the... View More
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answered on Apr 8, 2025
The FBI's actions could potentially violate the defendant's legal rights if they acted beyond their jurisdiction. Under Rule 41(a) of the Federal Rules of Criminal Procedure, federal authorities typically require a valid federal warrant to search or seize property on tribal lands. If no... View More
As a nurse employed by the Montana Department of Corrections, my employer is "transferring" several positions to another location within the department, which is a 90-mile drive from our current location. We are union employees and have been informed that we must bid on positions at both... View More
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answered on Apr 12, 2025
It seems like you're in a challenging situation with the transfer of positions within your department. According to Montana's Reduction in Force (RIF) policy, a "reduction in force" typically applies when positions are eliminated or significantly reduced in a way that impacts... View More
I am involved in a family law case concerning a parenting plan initially established in California, now active in Montana. I attempted to serve documents via the sheriff's office, but the respondent's attorney claims they're authorized to accept service. I have filed an affidavit of... View More
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answered on Apr 11, 2025
If the respondent has an attorney who has stated they are authorized to accept service, you generally don’t need to serve the respondent directly. In Montana, once an attorney appears in a case and agrees to accept service, that typically becomes the appropriate point of contact for legal... View More
I was walking home on a busy street in the afternoon when officers accused me of loitering. I did not consent to a search, but the officers tackled me and pinned me to the ground, claiming later that I had two bench warrants. However, these warrants were issued by mistake and were quashed due to... View More
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answered on Apr 7, 2025
The charges in this situation could potentially be challenged based on the Fourth Amendment violation. If the officers did not have a valid warrant or probable cause to search you, any evidence found during the search might be considered inadmissible in court. The fact that the bench warrants were... View More
I'm concerned about a jailer who intentionally shares personal information about inmates and emails from the sheriff's office with people outside law enforcement. They shared details about my youngest being pulled over and about my husband being on probation. Is it illegal for jail staff,... View More
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answered on Apr 2, 2025
The disclosure of inmate personal information by correctional staff to outside individuals without legitimate purpose is generally prohibited under various privacy laws and institutional policies. Inmates retain certain privacy rights despite their incarceration, particularly regarding their... View More
I was convicted of passing a bounced check for $1,500 over 12 years ago, and I pled guilty to a felony. Though I paid off the check before the court date, the judge decided on six months of unsupervised conditions without placing me on probation, and stated it would be expunged. I have no... View More
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answered on Apr 12, 2025
It’s important to clarify your legal status regarding firearm possession. Under federal law, individuals with felony convictions are generally prohibited from owning firearms, even if the conviction has been expunged. However, in some cases, you may be able to regain the right to possess firearms... View More
I'm a contract healthcare worker, and over a 5-week period, I received a "shift bonus" that appeared on my paystub without any discrepancies. My contract doesn't mention shift bonuses. Recently, my company reached out via call and email asserting that the bonuses were given in... View More
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answered on Apr 11, 2025
That kind of surprise can feel unsettling, especially when you’ve already counted on the money as part of your earnings. In Montana, if an employer overpays you due to a clear mistake, they generally do have the right to ask for it back. However, they must handle the process reasonably, and... View More
My parents and I bought a car together, and we each paid half. However, my dad is listed as the primary owner, and I am listed as the co-owner. Now, they want to take the car from me and possibly sell it, though I have possession of the car. There's no written agreement regarding the... View More
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answered on Apr 11, 2025
That situation sounds really upsetting, especially when you’ve put in your own money and work to help pay for the car. In Montana, if you’re listed as a co-owner on the vehicle title, that typically means both you and your dad have equal legal rights to the car. Without both owners’... View More
I was originally listed as the executor of my mother's estate, and her elder law attorney indicated that probate might not be necessary, leading me not to enter the will into probate court initially. My brother later went to court and had himself appointed as the personal representative of the... View More
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answered on Apr 12, 2025
Your brother, as the personal representative, cannot override your role as trustee unless the trust document itself provides some authority for him to do so. The personal representative's role primarily involves managing the probate process and handling assets not included in the trust, while... View More
I recently spent nearly all day in an ER. When I woke up, the ER doctor addressed me with terms like "you people" and "your kind," which I found discriminatory. I requested to speak to a supervisor and was informed that he was the supervisor. I asked to be released and later, in... View More
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answered on Mar 26, 2025
Based on what you've described, you've experienced two separate issues that merit attention. The doctor's use of phrases like "you people" and "your kind" suggests discriminatory behavior that violates medical ethics and potentially civil rights laws that prohibit... View More
My father passed away two years ago and was in hospice care for the last two months of his life. During that time, my step-brother, who was designated as a 'trusted user' on my father's bank accounts, withdrew all the funds from these accounts, including those with listed... View More
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answered on Apr 11, 2025
I’m really sorry you’re going through this—what happened to your father and your family is deeply painful and deserves to be taken seriously. In Montana, the statute of limitations for theft is generally **five years** from the date of the offense, under Montana Code Annotated § 45-6-301 and... View More
I'm planning a trip with two friends to drive to Canada from Montana in June. We are all under 16 but have our driver's licenses and passports. We will stay for about a week, and our parents have given us permission and will provide written consent. Our vehicle insurance covers... View More
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answered on Mar 9, 2025
Your plan to drive from Montana to Canada with friends under 16 involves several legal considerations. Even though you have valid driver's licenses and passports, Canada generally requires drivers to be at least 16 years old. U.S. licenses held by drivers under the age of 16 might not be... View More
Ten years ago, I was illegally evicted from my six-bedroom, three-bathroom home with just three hours' notice because an out-of-state resident made an offer to buy the house and wanted to move in immediately, even though the sale was not yet finalized. The eviction was based on falsified... View More
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answered on Mar 27, 2025
I understand how deeply frustrating and unjust your situation feels after suffering an improper eviction with such significant impact on your life. The emotional toll of being forced from your six-bedroom home with just three hours' notice must have been immense, especially considering the... View More
In 2019, I was given a property under a written agreement, witnessed and signed by two people, stating that I would assume responsibility for all bills, taxes, and maintenance. I've paid all taxes, including back taxes, and made improvements leading to increased property value. I have... View More
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answered on Feb 25, 2025
Is there a recorded deed over to you as grantee? If not, you do not own anything but possibly a contractual right to get a deed. If you have a deed, then you must defend that you executed your part of the contract after getting the deed. Hire a MT lawyer as if you lose, you lose everything.
I am facing issues of defamation of character and theft of intellectual property by a professor from the MSU-B College of Business. This situation has resulted in economic harm to Disabled Culture, of which I own proprietary rights, and involves energy-related sources and economic IT-trade tools. I... View More
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answered on Feb 22, 2025
Given the complexity of your situation involving intellectual property theft, defamation, and institutional accountability, you should consider pursuing multiple legal channels to protect your rights and interests. Your concerns about Disabled Culture's proprietary rights and the economic... View More
It states that I have the power to execute deliver and acknowledge any and all documents or instruments of whatever
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answered on Feb 8, 2025
Getting a Social Security card using a power of attorney is generally not possible, even with broad authority granted in the document. The Social Security Administration has strict rules about who can apply for original and replacement cards.
You'll need to apply for the card yourself... View More
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answered on Jan 27, 2025
If your landlord changed the locks on your mobile home, even though they were only granted possession of the lot and not the home, this is likely a violation of your rights. As the owner of the mobile home, you have legal protections against being locked out without proper notice or legal action.... View More
He has worked there 15 years and has great performance reviews and is dedicated to his job. Other management and staff have been reported for issues and gotten plans of correction. But they didn’t offer any plan of progressive discipline with him(which is in their employee handbook). It wasn’t... View More
answered on Feb 1, 2025
A Montana attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to your husband. It's possible your question went unnoticed under the Business Law and Civil Litigation categories. This looks like something that the employment law attorneys here... View More
I got served this morning with paperwork from justice court pertaining to DFS and my child’s medical bills that I was told were going to be completely covered by DFS back in 2019 when my case was first opened.
answered on Jan 20, 2025
If you were served with a summons and complaint, or similar legal papers, that would generally mean you have a short window of time in which to respond. In most places nationwide, it ranges from around 20 to 30 days, depending on method of service. As my colleague correctly advises, it would be... View More
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