Montana Q&A by Practice Area

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Montana Questions & Answers
0 Answers | Asked in Landlord - Tenant for Montana on
Q: in montana, if my landlord sees a bong(water-pipe) and an ash tray during inspection can they evict me?

If i have a bong(water-pipe) and ash tray on a smoke free property, can my landlord evict me? They openly saw it on the table when i wasnt there and i dont know if they took pictures as proof. It doesn’t smell at all in the apartment as i smoke outside but because it was inside can they kick me out?

0 Answers | Asked in Estate Planning for Montana on
Q: Can I legally request to see an original will after a new one was made?

Sister made new will 3 months before he died, under Suspicious circumstances. Everything was left to her and her kids. I spoke to my dad a week before he passed and that’s not what he said he was doing. He didn’t get into specifics but he did say his biological children would evenly split half... Read more »

0 Answers | Asked in Real Estate Law and Business Formation for Montana on
Q: What/How can I assign a condo (Title &n Loan are in my name) to an LLC . I live in & condo is in Montana

We are in the process of setting up an LLC - are any special items need to be address in the LLC By-Laws, so that Title or Deed to a real estate property can be included?

0 Answers | Asked in Civil Litigation and Libel & Slander for Montana on
Q: What can someone do if someone accuses them of being a known drug dealer in court documents with no evidence or proof?

Is that defamation? Can legal actions be taken for libel? A girlfriends ex, father of her child put in their parenting plan that a specific person is not allowed to be around the child due to the accusation, which is false and has no merit. The father is using that as a way to disrupt the mother... Read more »

0 Answers | Asked in Elder Law, Estate Planning, Health Care Law and Family Law for Montana on
Q: I provided continuous care for my mom for 5 years and 4 months, with out any help from my sibling

The will says I owe $55,000.00 to the estate that I borrowed from my mom

However I never borrowed $55, 000.00 it is the amount my oldest sister owed mom when the will was executed. Now 9 years later mom past away and the estate lawyer wants to only go by by the 2012 will even though I... Read more »

0 Answers | Asked in Criminal Law for Montana on
Q: If charges from an arrest warrant are dismissed, would any other charges added on during the arrest be dismissed also?

The arrest warrant was served, I was searched by 4 different officers, and while being booked in, additional charges were added that were also false.

0 Answers | Asked in Employment Law for Montana on
Q: Does a Montana employer have to pay travel time wages when you drive a company vehicle to and from the shop to jobsite?

My husband has to go to his employers shop every morning to load his work vehicle with tools and supplies for the days work. He then has to drive to the job sites and at end of day return work vehicle to shop and unload it. His boss will not pay for his travel time home. When his last job of the... 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 »

1 Answer | Asked in Civil Litigation, Products Liability and Insurance Bad Faith for Montana on
Q: While traveling from California to Montana in January I acquired AAA Towing services $5000+ plus was stolen. Now what?

I left Cali Friday 01/22/21. On The 23rd east of Truckee Nevada I had blown a tire. Wile stuck on side of the road for 6 - 8 hours looking for ways to get it fixed that day the 23rd. AAA had assured me more than once that it would be taken care of that day and even gave me a phone they could get my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

File a theft complaint with the police if you haven't already. File a claim with your insurance company. Contact Tripple A.

Contact a member of the Nevada Trial Lawyers Assn who handles insurance to see if you have any claim--I'm not seeing it.

You have a claim agasint...
Read more »

2 Answers | Asked in Immigration Law for Montana on
Q: The mother of my child is American. However she was born in England bt lived here 42yrs How can we get her U.S.citizens?

AS A child her Father ONLY- (dec-citizen), raised her inside the US. THEN She was 12 & forced into foster care. She had graduated HS, ALWAYS WORKED since age 17 or younger and always paid her taxes like ALL Americans SHOULD. She never has been on Assistance or has never asked the government for... Read more »

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Feb 28, 2021

This is a complicated situation. We need more information to determine if she ever qualified as a citizen as a minor.

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1 Answer | Asked in Real Estate Law for Montana on
Q: How can i buy an abandoned house from a person who is deceased

My aunts bf died 3 years ago and the house has been abandoned since then no one has claimed ownership and 3 years of taxes are owed. It is in montana and i am wanting to know how i could go about buying the house

Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2021

Hire a competent MT attorney to search the Title, determine Heirship, and draft/record an Affidavit of Heirship. That will be your Source of Title but you will have to pay sufficient money to the Heirs to get their Deed. Or you might check when the Tax Sale will be. A possible successful bid... Read more »

1 Answer | Asked in Employment Law, Contracts, Copyright and Business Law for Montana on
Q: Regarding the employment of an individual to work on a Youtube channel, what are the conditions of a non-compete clause?

In this case, the agreement prohibits "similar derivative" from being created by the employee.

What are the space, time and content limitations of such clauses? Are there others?

What are legal references to such provisions?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 17, 2020

You need to contact an attorney to understand this better.

The restrictions can be limited to a reasonable time and geographical area.

It also depends on whether there was compensation and the amount of said compensation.

1 Answer | Asked in Divorce and Military Law for Montana on
Q: I need someone to help me with a COPA for the USPS in Billings Montana?
Tim Akpinar
Tim Akpinar answered on Jan 4, 2021

I'm sorry your question remains open for five weeks. At this point, you could reach out to attorneys using the Find-a-Lawyer tab above to the left, or through your own independent searches. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury and Municipal Law for Montana on
Q: If I was on a pedestrian and bicycle path and the car driver had a yield sign where I was badly injured is it my fault ?

I was on a bicycle and pedestrian path many people use every day! I was still on the path and it had a crosswalk on the path. The driver of the car had a pedestrian yield sign and didn’t yield hitting me and causing severe injuries. Police came with ambulance and fire trucks and I was rushed to... Read more »

Gregory Scott Greenberg
Gregory Scott Greenberg answered on Nov 22, 2020

It does not sound like you are at fault here. However, I strongly advise you get an attorney licensed in the state of Montana as soon as possible to assist you further with this issue.

2 Answers | Asked in Bankruptcy for Montana on
Q: In filing chapter 7, with a secure debt of jewelry how do you approach it if the jewelry is no longer available?

I financed a ring 5 years ago, pawned it 3 years ago and lost it to the pawn shop. Now I am filing bankruptcy and do not know how to approach the debt in my forms?

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Nov 2, 2020

List the debt on schedule F and put in the description that the jewelry was lost. A debt cannot be secured by assets of the debtor if the debtor no longer has the collateral. It shouldn't be an issue as long as you tell the truth.

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