Montana Q&A by Practice Area

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Montana Questions & Answers
0 Answers | Asked in Landlord - Tenant for Montana on
Q: I’m in MT. My landlord wants to charge me for their agent accompanying 3rd party vendors in my home when I’m not there.

My landlord sends 3rd party vendors for repairs to my rental home without notification and accuses me of “refusing entry “ when I’m not home to let them in.

They went so far as to put a key box on the house without notice which I insisted they removed due to their lack of... Read more »

0 Answers | Asked in Education Law for Montana on
Q: Hello, can you have a Moderate to Severe class of K-4 students on a 3-4 campus?

We need to create a life skills class on one of our campuses to maintain equity for all students. This would be a K-4 life skills class located at our 3-4 grade campus school site due to staff shortage and classroom availabilty.

0 Answers | Asked in Education Law for Montana on
Q: I’m having issues with how my son was treated today at school. An employee put hands on him and I disagree.

Today my son was physically touched by an employee at the school. This was during “dealing” with my sons bad behavior but I disagree how the school and handled it. What rights do I have? This is not a Missoula county public school but is a school in the court paid for by my property taxes

0 Answers | Asked in Consumer Law for Montana on
Q: In Montana, if you have an agreement through text to purchase a vehicle on a certain date, is that legally binding?

Had an agreement to purchase an vehicle on the coming Monday and over the weekend the seller went ahead and sold the vehicle to someone else for more money than we had agreed upon. I know it’s unfortunate but I have an understanding that a written agreement is binding in the state of Montana... Read more »

0 Answers | Asked in Criminal Law for Montana on
Q: Can evidence be ruled admissible and thrown out of court

A state worker opened a sealed package of drugs before turning it into the cops.

0 Answers | Asked in Criminal Law for Montana on
Q: Can evidence be ruled admissible and thrown out of court

A state worker opened a sealed package of drugs before turning it into the cops.

0 Answers | Asked in Banking for Montana on
Q: My mother and I share a bank account. The bank manager has been giving information, balance etc to my step dad

When he calls the bank. Is this leagal?

0 Answers | Asked in Collections and Landlord - Tenant for Montana on
Q: Is a property manager allowed to charge me for my tenants back rent?

I owned a trailer in a trailer court and my tenants decided that they weren’t going to pay my property Manager rent now my property manager is trying to charge me for their unpaid rent is that even legal

0 Answers | Asked in Landlord - Tenant for Montana on
Q: The landlord asked me to pay $11,000.00 to repair carpets after I moved out. I rented the house for 7 years.

He did not replace the carpets over the last 7 years. He wouldn't like to refund the deposit.

I want to know what to do before court or collection.

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 »

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
PREMIUM
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
PREMIUM
Meg Strickler PRO label
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
PREMIUM
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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