Montana Q&A by Practice Area


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Montana Questions & Answers

1 Answer | Asked in Estate Planning for Montana on

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

My son's grandmother setup a Coverdell ESA for my son. My understanding was that anyone can setup Coverdell ESA but a parent or legal guardian is the responsible person till child turns 18 or 21 (depending on the state laws). But, when I tried to take a distribution from the account, I was told... Read more »

Mark Anderson answered on Mar 8, 2016

It probably depends upon how the account was set up. You should try writing the company and providing the information.

1 Answer | Asked in Family Law for Montana on

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

Now we are actually divorcing. The only thing we share is the house. He doesn't want to sell it and I don't want him to have it, even if he pays me 1/2 the value. We own it as tenants in common. We were unable to settle with a mediator. Will the court force him to sell or will they make me accept... Read more »

Mark Anderson answered on Mar 8, 2016

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.

1 Answer | Asked in Criminal Law and Personal Injury for Montana on

Q: Can you assault someone if they haze you?.

Adam Studnicki answered on Feb 12, 2016

Not a good idea.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive...
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1 Answer | Asked in Criminal Law for Montana on

Q: Does a person have to attend sentencing after being convicted of a del murder crime

Robert Jason De Groot answered on Nov 6, 2015

Yes, the defendant who has been convicted must be present for sentencing.

1 Answer | Asked in Uncategorized for Montana on

Q: If someone initiates the first blow to you, do you have the right to defend yourself?

Robert Jason De Groot answered on Nov 5, 2015

Probably. It depends on the actual facts.

1 Answer | Asked in White Collar Crime for Montana on

Q: In federal Court if the Chief Judge of the Circuit takes a year, approximately, to respond to a judicial complaint

What formal grievance procedure would you recommend to make a file a complaint?

Robert Jason De Groot answered on Oct 30, 2015

You have already started the ball rolling, and that was done about 5 years ago, right?

1 Answer | Asked in White Collar Crime for Montana on

Q: Injured back 14 yrs ago , liberty nw is comp company , had unpaid bills , harassment etc , and no care now for 3yrs

Had Dr but comp wouldn't follow OE listen to Dr , Dr got frustrated and now I have nothing , but pain! What should or could I do?

Robert Jason De Groot answered on Oct 26, 2015

Speak with your workers comp attorney or go get one.

1 Answer | Asked in Appeals / Appellate Law for Montana on

Q: When a person is supposed to be on antipsychotic medications and isn't taking them but is instead using illegal drugs

And a lawsuit is filed against them, they don't show up to court because they are out of their mind and a judgment is placed against them, can they appeal now that they are sober and actually care about this no matter how long its been?? With doctors statements and later hospitalization and... Read more »

Robert Jason De Groot answered on Oct 25, 2015

No. Not in my opinion. But then I know only what you have written here and that is not much.

2 Answers | Asked in Civil Litigation for Montana on

Q: I am residing in montana. A police officer tried to serve me a subpoena over facebook...

I am residing in montana. A police officer tried to serve me a subpoena over facebook i did not see the message i just saw a preview of the message saying that there was a subpoena. I have since deactivated my facebook. My question is this; is it legal to serve a subpoena over facebook? Also what... Read more »

Robert Jason De Groot answered on Oct 22, 2015

Service of process must be done in person, not on facebook. You will have to see a local attorney about the other matters you raised, as well as this one.

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1 Answer | Asked in Land Use & Zoning for Montana on

Q: Can a change to commercial zoning laws be retroactive & close a business that is already operating legally? state of MT

Terrence H Thorgaard answered on Oct 20, 2015

No. The owner of the business has the right to continue the non-conforming use, but that use cannot be expanded or changed.

1 Answer | Asked in Appeals / Appellate Law for Montana on

Q: How long does it generally take for an appealed case to be heard by the 9th circuit?

Robert Jason De Groot answered on Oct 18, 2015

Go to their website and look at the dates of the cases that have recently been decided, to get an idea of how long it might take.

1 Answer | Asked in Employment Law for Montana on

Q: I want to know if its illegal for an employer to make me work on my wedding day?

I am getting married in a little over two weeks, I put in the request about a month ago. We are going to the courthouse and have a big wedding later on, but either way I don't want to work on my wedding day I want to spend that with the guy I am marrying. However just yesterday, I got told by a... Read more »

Robert Jason De Groot answered on Oct 14, 2015

I do not think that you can say that it is illegal to make you work on your wedding day. It probably is not illegal.

1 Answer | Asked in Family Law for Montana on

Q: Do I have less rights to my children if I gave them their father - boyfriend - his last name?

He promised me we would be married when our son was born and that has not happened. I am pregnant currently with another child and he is the father, and he is threatening to leave and take the children with him. what are my rights? what should I do? I have MS and he is using that against me saying... Read more »

Terrence H Thorgaard answered on Oct 14, 2015

Whether or not they have his surname has very little, if anything to do with what parental rights you have. The fact that you have MS may have some bearing, but not very much, probably.

1 Answer | Asked in Family Law for Montana on

Q: If the parenting plan has been vacated, then the custodial parent wants to reinstate the original plan, can he?

The children's father was originally awarded primary custody, the for about a year we've been doing 50/50, now he wants to go back to the original plan. Can he do this?

Robert Jason De Groot answered on Oct 13, 2015

You have to follow the court order. Get an attorney on your side swiftly.

1 Answer | Asked in Constitutional Law for Montana on

Q: What would senator tester need to do to lower voting ages?

Robert Jason De Groot answered on Oct 10, 2015

Get a bill enacted, basically.

1 Answer | Asked in Constitutional Law for Montana on

Q: Can you give me a historical description of the Loving et ux vs. Virginia case?

Can you give me a historical description of the Loving et ux vs. Virginia case?

Robert Jason De Groot answered on Oct 10, 2015

Wikipedia probably has a page on this. Look there.

1 Answer | Asked in Constitutional Law for Montana on

Q: Pro se civil rights cs in the lwr crts of AK +TN=no good faith/jurisdiction? MT is new domicile, want to go US Suprm

Newly domiciled in Missoula Co. MT. Since 2007 have my D.V. cases that has snowballed into my civil rights cases in 2 different states who do not have good faith or comity=jurisdiction left. Want to bump it up to US Supreme Crt for reform. Only Feds have jurisdiction over all 3 states? Need list... Read more »

Robert Jason De Groot answered on Oct 7, 2015

Look in the phone book or online for the right attorney.

1 Answer | Asked in Employment Law for Montana on

Q: What is the employees liability when then company that the employee works for is listed in a civil suit?

Robert Jason De Groot answered on Sep 8, 2015

There are not enough facts given here for any sort of answer. Go see a local attorney about this.

1 Answer | Asked in Contracts for Montana on

Q: How do I search case law as a pro se litigant for a case involving breach of contract, conspiracy to breach?

I can show the value of the breached contract is $800,000. I also have strong proof of conspiracy which I'm told can triple damages to $2.4 million.

Robert Jason De Groot answered on Sep 8, 2015

Get to a law library to do lega research. There are probably pretty good law libraries in Missoula and Helena. See if there is one closer to you.

1 Answer | Asked in Civil Rights for Montana on

Q: How do I sue for discrimination

Robert Jason De Groot answered on Sep 2, 2015

Get an attorney. Do you think you can do a thing as complex as civil litigation for discrimination by yourself? If so, your are wrong in my opinion. The case would most likely get dismissed for failure to state a cause of action. There are certain pleading requirements for lawsuits. You could do an... Read more »

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