Montana Q&A by Practice Area

Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In
Montana Questions & Answers
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 »

View More Answers

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 »

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 »

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.

View More Answers

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 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 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 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.

View More Answers

1 Answer | Asked in Immigration Law for Montana on
Q: Please help me get my boyfriend from Nigeria here for the holidays with my family. We have been dating a year and half.

Met online 3 years ago. Been dating over a year now. Never met. I want to get him here for the holidays with my family. 3 month visit.

Adan Vega
Adan Vega answered on Sep 25, 2020

Your boyfriend will need to apply for a non-immigrant B-1/B-2 visa at the U.S. consulate in Nigeria.

1 Answer | Asked in Health Care Law, Consumer Law, Criminal Law and Personal Injury for Montana on
Q: I’m getting trespass from grocery stores because I have health issues that keep me from wearing a mask. I’m in Missoula

They say that there’s certain stores I can order curbside from but I haven’t figured it out yet and I’m getting hungry and was hoping I’d be able to go into a grocery store to get some food.

Tim Akpinar
Tim Akpinar answered on Aug 8, 2020

A Montana attorney could answer best, but your post remains open for two weeks. Don't risk trespass charges - check with a doctor if your condition is a medical excusal AND additionally if those establishments will accept it. Good luck

Tim Akpinar

2 Answers | Asked in Bankruptcy for Montana on
Q: I have a judgement against me and garnishment of my wages has begun. Is this now a secured debt?

How do I determine the Value of Collateral if this is a credit card debt, Im being garnished for?

David Luther Woodward
David Luther Woodward answered on Aug 8, 2020

Depending on the procedure in your state--and it varies by state--if the Plaintiff has secured a judgment lien, then it is secured. Otherwise, probably not.

You should consult a lawyer do give you a reading on the law in your state.


View More Answers

1 Answer | Asked in Bankruptcy for Montana on
Q: How do you determine the value of a professional license you hold?

Form about property you own

David Luther Woodward
David Luther Woodward answered on Aug 4, 2020

If your license is as a physician, a lawyer, an accountant, or the like, I give them no value because there is not market: it cannot be sold or purchased (lawfully, that is). So if there is no market, there is no value.

1 Answer | Asked in Criminal Law, Employment Law, Workers' Compensation and Business Law for Montana on
Q: I am owed wages from my previous employer, instead of paying, they've threatened to kill me, can i sue?

I was getting paid by company check, then started being paid in cash. I asked about it and was threatened with physical harm and when i reported the threats my hours were cut and haven't been paid for my last 5 weeks of work. Each time, I'd call I'd be given excuses and then i... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 18, 2020

Hi, the Fair Labor Standards Act requires you to be paid at least the minimum wage for all hours worked. If you worked any overtime, you would also be entitled to that as well. I would reach out to an employment law attorney in your state to discuss options.

1 Answer | Asked in Immigration Law for Montana on
Q: The National Visa Center keeps asking for the same civil documents.

The National Visa Center keeps asking for the same civil documents (copy of marriage certificate or police record), I submitted all the docs and they were approved, with the I-130 which is also approved. What’s going on at the NVC?”

Drew Elesh
Drew Elesh answered on May 26, 2020

we have fixed this for several clients this year.

We can represent you for the final stages of setting up the

profile and complete the remaining forms including the Dept of State

forms and prepare the client for interview. There is also a new public charge

form added since Feb.

1 Answer | Asked in Immigration Law for Montana on
Q: can a person with a tourist visa to the usa come here, get married, and stay here after she marries a us citizen?

thai citizen with a B1 tourist visa

has a 10 year old daughter

would plan on getting married to me, a us citizen

can she stay after marriage to me and apply for a greencard?

Adan Vega
Adan Vega answered on Mar 9, 2020

Your plans to have your fiancée enter the U.S. with a B-1/B-2 visa in order to marry a U.S. citizen and adjust status with USCIS is an inappropriate use of the non- immigrant visitor visa. An attempt to file a request to adjust status with USCIS can be denied based on a misrepresentation at the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.