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1 Answer | Asked in Divorce, Appeals / Appellate Law and Family Law for Montana on
Q: What does it mean to "move the Court to Dismiss the appeal and remand to District Court'?

Council for the Appellee is filling an Unopposed Motion to Dismiss Appeal. That is a form I as the Appellant planned to file. I am unsure of her wording.

T. Augustus Claus
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answered on Aug 30, 2023

"Moving the Court to Dismiss the appeal and remand to District Court" essentially means that the party (in this case, the Appellee) is requesting the court to end the appellate process and send the case back to the lower-level District Court for further consideration or action. This... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Montana on
Q: My wife and I recently found a deed of full reconveyance signed by the beneficiary before he passed. Steps, probate, etc

Her mother has passed and with no living will the estate went to the next of kin. He has also passed. After his tragic death, his partner claimed common law. She has made verbal agreement to sign a quit claim deed, but has yet to do so. What steps in "order" to file probate, substitution... View More

Anthony M. Avery
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answered on Aug 28, 2023

You will have to hire a MO attorney to search the title, examine the deed (recorded or not), determine ownership, and decide if Probate litigation or your deed is helpful. Without recordation, deed is of no effect to the world, and the heirs may have already vested in title. Time is of the... View More

1 Answer | Asked in Divorce for Montana on
Q: a MT couple with 2 kids under 18 are temporarily separating and one is moving out - is this a good idea or abandonement?
T. Augustus Claus
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answered on Aug 8, 2023

Temporary separation between a married couple is not necessarily considered abandonment, especially if both parties agree to the arrangement and continue to provide care and support for their children.

1 Answer | Asked in Civil Litigation for Montana on
Q: Can I sue a caregiving agency if a worker vandalizes my apartment?
T. Augustus Claus
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answered on Aug 7, 2023

If a worker from a caregiving agency vandalizes your apartment, you may have the grounds to pursue legal action against both the individual worker and potentially the agency as well.

1 Answer | Asked in Divorce, Family Law and Child Support for Montana on
Q: Can both parents waive child support in Montana
T. Augustus Claus
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answered on Aug 4, 2023

In Montana, child support is typically ordered by the court to ensure that both parents financially contribute to the upbringing and care of their child. Child support is considered the right of the child, not the parent, and both parents have a legal obligation to support their child financially.... View More

1 Answer | Asked in Criminal Law for Montana on
Q: How long do the courts have to get an incarcerated person a public defender
T. Augustus Claus
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answered on Jul 26, 2023

In Montana, the courts are required to provide an incarcerated person with a public defender promptly after the person's arrest or initial appearance before a judge. The right to legal representation is a fundamental constitutional right, and the Sixth Amendment guarantees that individuals... View More

1 Answer | Asked in Divorce and Family Law for Montana on
Q: I’m in Montana. Recently divorced. How long does my ex have to collect property awarded

I have text an left a 30 day note in property he’s looked through.

T. Augustus Claus
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answered on Jul 17, 2023

In Montana, the specific timeframe for your ex to collect the awarded property may depend on various factors, including the terms outlined in your divorce decree or settlement agreement. These documents typically specify a deadline or a timeframe within which your ex must collect their awarded... View More

1 Answer | Asked in Personal Injury for Montana on
Q: What are my rights for invasion of privacy by anindividual in the state of Montana and Alabama?

How do I know if I have a case and how do I know what type of attorney to contact? At the very least it’s intentional infliction of emotional distress. Both parties gave information to another person of mine with the sole intent to maliciously destroy me or my life in someway. It’s not OK and... View More

Tim Akpinar
Tim Akpinar
answered on Jul 3, 2023

Attorneys in the respective jurisdictions could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It looks like you already have an idea of the legal theories involved, as you mention invasion of privacy and intentional infliction of emotional distress. You... View More

1 Answer | Asked in Insurance Bad Faith for Montana on
Q: Can insurance company change type of claim without proof?
Tim Akpinar
Tim Akpinar
answered on Jul 1, 2023

A Montana attorney could answer best, but your question remains open for a week. It isn't clear what you mean by changing a type of claim. Some additional information would be helpful. But as a general note, when insurance carriers receive claims at the first reports desk (contact customer... View More

1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for Montana on
Q: Is it legal for a construction company to not hire any female laborers?

I inquired about applying at a local construction company. I have worked construction before and have good references. I asked about wage match, healthcare, and advancement, on the public ad the company posted. The owner messaged me privately on his personal account responding to my public comment.... View More

Cynthia Pietrucha
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answered on May 8, 2023

You should check with an employment lawyer in your state to verify your legal options. However, please be advised that if you believe you were denied work based on your gender and your employer meets the minimum employee count requirements, under federal law - the Civil Rights Act of 1964, as... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Montana on
Q: What to include in a letter to appellate court to review a case?

My husband was given a public defender when this whole criminal case started and then that public defender had to leave due to medical issues so he was issued another. She was informed of the first public defenders evidence that he believed could have had the case dismissed. It proved that the cops... View More

John Michael Frick
John Michael Frick
answered on Apr 30, 2023

The key to any appeal is proving through the appellate record that a court made an error, that you “preserved” your right to complain about that error by timely and properly bringing the error to the attention of the trial judge, and that the error was “harmful” probably causing a different... View More

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Montana on
Q: Would you be able to help me prepare an appeal brief based on 2 hearings whereby Decision was based on false findings?

Department of Labor and & Industry UI Division made a decision an overpayment was due after I was forced to be ... View More

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2023

A Montana attorney could advise best, but your question remains open for four weeks. From your question asking for assistance in preparing a brief, it looks like you might be under the impression this is a law firm or legal services provider. This is only a Q & A forum, dealing with quick and... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Montana on
Q: Am I understanding the “Modification of Protective Covenants” correctly?

The covenants for our subdivision state: “these protective covenants shall be binding upon all persons owning land in the subdivision. They shall be modifiable by a 2/3 vote of a majority of the owners of lots in the subdivision (one vote per lot).”

There are owners that own up to 3 or... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

It most likely means 21 lots must vote in favor.

Owners with more than a single lot can cast one vote per lot they own.

1 Answer | Asked in Civil Rights and Constitutional Law for Montana on
Q: If I report a possible crime, can police give my name to suspects?

Shortly after reporting a possible Breaking & Entering I witnessed to a local business on my way to work, the local Police came to my job, insinuated I was guilty of a crime and admitted to confirming my identity to the suspected individuals found at the scene. I was not aware I knew them... View More

James L. Arrasmith
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answered on Mar 3, 2023

In general, police officers are required to protect the confidentiality of individuals who report crimes. This is commonly known as "confidentiality of sources" or "informant privilege," and it is designed to encourage people to come forward with information about criminal... View More

1 Answer | Asked in Estate Planning for Montana on
Q: who becomes executor of a trust if executor dies before children reach age to control it?

My ex has terminal cancer her elderly parents are executors, kids wont be of age for 9 years. (age 25)

Nina Whitehurst
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answered on Nov 28, 2022

Trusts do not have executors, so you probably meant to ask who will be the successor trustee if the named trustee has passed. The answer is whomever is named as the successor trustee in the trust instrument. If no successor is named, then a petition will need to be filed with the court to have... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Montana on
Q: 6 siblings inherited land. 5 of 6 want to sell. Do all need to agree to sell or majority rule?

The 6th said he would purchase our shares but it would be at an incredibly low price

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answered on Oct 26, 2022

You may need to file suit for a Sale For Partition.

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... View 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,... View 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
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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... View 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...
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