Montana Questions & Answers by Practice Area

Montana Questions & Answers

Q: Can I just go to the nursing home and get my Brother

1 Answer | Asked in Elder Law for Montana on
Answered on Jan 13, 2019
Kelli Y Allen's answer
This depends on many circumstances. Is your Brother competent? If not, does he have a healthcare agent or guardian?

Q: I have a more detailed question in regards to legalities to copyrighted photo use.

1 Answer | Asked in Intellectual Property for Montana on
Answered on Dec 26, 2018
Griffin Klema's answer
This is a difficult situation. The start of the analysis is that the original photographer owns the copyright unless transferred by agreement to someone else. Based on the facts you provide, there might be an implied contract between the photographer and the group, either by the conduct of the parties, or perhaps in emails or other messages that could establish an enforceable license that the group owns from the photographer. Because copyright infringement has significant penalties, both as to...

Q: I worked 2 jobs I got hurt and am rec. Temp partial disability but due to a domestic violence case quit the other job

1 Answer | Asked in Workers' Compensation for Montana on
Answered on Sep 21, 2018
Bradley Jay Jones' answer
This depends on how your employment ended. I suggest you contact a workers' compensation attorney to discuss your case. We are glad to help.

Q: I’m looking to obtain a lawyer to handle anything that might eventually come up.

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Civil Rights for Montana on
Answered on May 22, 2018
Peter N. Munsing's answer
What you want is an attorney on retainer. That means you pay him an up front fee and he will provide advice billed on an hourly basis. You need to figure out what the concerns you have are for which you need an attorney--criminal cases require criminal defense attorneys; land issues require someone who concentrates in that area. A small firm may be better for you. They should be attorneys in the counties where you expect to run into issues.

Q: Can IRS garnish shareholder's personal monies for corporation tax debt?

1 Answer | Asked in Tax Law for Montana on
Answered on Jan 24, 2018
Linda Simmons Campbell's answer
It sounds like you were charged a failure to file penalty. Sometimes the IRS will abate the penalties once you have filed the required returns. I suggest filing a penalty abatement request. If that does not bring the debt down to an amount you can afford then you can try and submit an Offer in Compromise. The IRS has an Offer in Compromises tool on their website that you can use to see if you might be eligible.

Q: My husband hit a car in a parking lot and left a note, but got a citation for not calling the police (damage minimal)???

1 Answer | Asked in Car Accidents and Traffic Tickets for Montana on
Answered on Jan 17, 2018
Peter N. Munsing's answer
On private property and if he left a note and reported to his insurance, plead not guilty.

Q: How high does a cement pole next to a fire hydrant for protection need to be in a parking lot in Billings, MT?

1 Answer | Asked in Construction Law and Car Accidents for Montana on
Answered on Dec 11, 2017
Eric E Holm's answer
There may be an answer for this in the local city ordinances, you could try researching this online at the city's website containing the Billings City Code (google "Billings City Code") or hiring a local attorney to research this for you.

Q: What are some ways I can check on the legal rights I have to a potential name for a developing small business?

1 Answer | Asked in Business Law, Intellectual Property, Trademark, Business Formation and Copyright for Montana on
Answered on Dec 8, 2017
Will Blackton's answer
Short phrases and names are generally not protected by copyright law. What you're probably thinking of is trademark infringement - the key question being, will your name confuse consumers, that is, might consumers believe that your company is affiliated with or endorsed by E. B. White, Harper & Brothers, Hanna-Barbera Productions, Universal, or any of the other entities involved with a production of Charlotte's Web who may retain rights in that name.

Is it impossible to use the name?...

Q: I own a 79 ford truck. I let a licensed driver borrow it. He let an unlicensed driver drive it and he rolled my truck.

2 Answers | Asked in Car Accidents for Montana on
Answered on Dec 5, 2017
Peter N. Munsing's answer
Go after both. Get the police report. Be prepared to show you didn't give permission for a relend as to the actual driver, so it's on driver #1, and that #2 was driving carelessly. Either way they both owe you. If they offer to pay get a judgment note, and especially get copy of their drivers licence, SS#, proof of addresses so if you have to chase them you can track them.

Q: Trying to federally trademark my brewery name, Montana Brewing. Would I be rejected due to trademarks on other names...

1 Answer | Asked in Trademark for Montana on
Answered on Nov 29, 2017
Benton R Patterson III's answer
Given the industry is the same and the similarity of the names, there is a fair chance it could be rejected. However, a trademark attorney would need to review each registration and know more about each business to give a definitive answer. The type of registration also matters, eg. is it a standard character mark or stylized design. I recommend consulting a trademark attorney.

Q: A new car burns up with 800 miles & my children are traumatized, can you do something to the manufacture?

1 Answer | Asked in Car Accidents for Montana on
Answered on Jun 22, 2017
Peter N. Munsing's answer
Contact a member of the Montana Trial Lawyers Assn. Generally, courts don't favor emotional issues. On a personal level suggest you look into a form of therapy called EMDR for your kids. They may be old enough now or in a year or so. Google : Psychology Today EMDR ___________________(name of nearest city ) Montana

That should turn up any therapists that do it in your state.

Q: i cut my finger at my old job and was taken to Urgent Care to be seen on may 16, 2015.

1 Answer | Asked in Workers' Compensation for Montana on
Answered on Mar 12, 2017
Peter N. Munsing's answer
Tell the urgent care billing then the collections that you had comp. You should have the workers comp claim number.

Q: I'm work in a school district and i'm looking for the montana school laws on due process. I'm completely new to this.

1 Answer | Asked in Education Law and Constitutional Law for Montana on
Answered on Jan 30, 2017
Brian Lehman's answer
You would need to provide more information on what happened. Due process and its requirement can play out in a number of ways depending on what happened and who was involved.

Q: Can I collect damages with a Tort suit filed on resident false allegations to evict me from HUD/Sec. 8 Montana Housing?

1 Answer | Asked in Contracts, Libel & Slander, Personal Injury and Landlord - Tenant for Montana on
Answered on Sep 24, 2016
Peter N. Munsing's answer
You might, but as they have little money or they wouldn't be section 8 you won't get it from them. Suggest you look at if there is a grievance procedure--contact your local legal services/legal aid office.

Q: Hi my name is Steven. I'm looking for some advice on Medical Malpractice

1 Answer | Asked in Medical Malpractice for Montana on
Answered on Aug 25, 2016
Peter N. Munsing's answer
Sounds like suboptimal care but given his compromised condition it wold be difficult to show that the errors were outside the boundaries of the normal standard of care. I suggest you contact a member of the Montana Assn for Justice--they give free consults.

Q: I've been evicted. How do I request more time to move all the non-profit belongings and animals?

1 Answer | Asked in Employment Law, Personal Injury and Landlord - Tenant for Montana on
Answered on Jul 20, 2016
Peter N. Munsing's answer
First you need to contact a member of the Montana Trial Lawyers Association who handles employment issues NOW!

Not sure what non profit belongings and animals are. If they belong to a not for profit organization, tell the organization to move them. If not, it's on you--new owner doesn't have to give you time.

Q: If someone broke into my storage unit and took my belongings can I file a Civil Suite?

1 Answer | Asked in Personal Injury and Civil Litigation for Montana on
Answered on Mar 15, 2016
Mr. Michael O. Stevens' answer
Yes, you can. Problem is collecting, as people in jail often do not have money to pay judgments from the court.

Q: Who is the authorized person for a Coverdell ESA?

1 Answer | Asked in Estate Planning for Montana on
Answered on Mar 8, 2016
Mark Anderson's answer
It probably depends upon how the account was set up. You should try writing the company and providing the information.

Q: We got a legal divorce six years ago that was simply a financial move, but we stayed together.

1 Answer | Asked in Family Law for Montana on
Answered on Mar 8, 2016
Mark Anderson's answer
You are better off to work it out in mediation. The court might order a sale if the property cannot be divided. At least in mediation, you know what you will get.

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