Montana Recent Legal Answers from Lawyers

YES . Generally, it is NOT illegal to videotape children or adults outside of a building. That is a public area. There is no reasonable expectation of privacy, even in your backyard, especially in the age of drones and digital cameras. I wonder how much noise the children were making and whether they may have been engaging in disrespectful behavior towards the neighbor? Why would he go to the trouble of gathering evidence, calling law enforcement and then showing it to them? Any implication of child abuse, pornography, or invasion of privacy is not plausible. I suggest that you ignore your neighbor, monitor your children and move on with more important things. Escalating negative interactions with your neighbor will only lead to problems which the justice system is not suited to resolve. What do you think a judge could do? The involvement of the sheriff means it has gone too far in my opinion. Throttling back the situation will not be easy but that is my advice. The other option is to move.... Read More

Yes, you can sue the property owner separately from your workers’ compensation case. You should not wait to begin the process until your workers’ compensation matter is over, as evidence will be harder to gather the longer you wait. The statute of limitations for a slip and fall in Missouri is five years typically. If the property was owned or managed by a state or a federal government entity, however, there are often notice requirements that are much shorter- a matter of weeks!... Read More

First, you need to get someone appointed as personal representative of your brother's estate.  It sounds like your mother probably has priority to be appointed as the closest heir, and then each of the siblings has equal priority.  The probate court has forms for someone with priority to "renounce" - they waive their right to appointment and can agree to someone's else's appointment.  If you all agree who should be appointed, that person can file and everyone else can provide signed renunciations.   If all heirs agree, your brother's estate can be settled however they agree.  Once a personal representative is appointed, you can put the agreement in writing and have your mother and all children sign it.  This is assuming that your brother does not have children, who would also be heirs, and that your father is not living.  Another option is to have your mother sign a "disclaimer" stating that she does not want the inheritance.  She may want to consult with a tax or elder law attorney as refusing an inheritance can have tax and Medicaid nursing home assistance consequences.  ... Read More

If your mother only signed it but did not write it, it probably would not be recognized by the court as a valid Will.  You could present it as evidence of her last wishes however.  If there is no valid Will, the laws of intestacy apply.  Take a look at the Montana laws to determine whether the result would be the same, in which case it would not be necessary to try to get this writing recognized by the probate court. ... Read More

No money damages in your case to support a lawsuit. What dollar amount would you ask 12 people to award? Would you be willing to spend $25,000 in pretrial costs and many hours of time, travel and depositions to find out if they would even award anything? Sorry, but medical malpractice is a very expensive and risky game that requires different factors. You are lucky the medical lie or mistake didn't cost you more.... Read More

If you had an agreement to do specified work for specified compensation, you had a contract.  This does  not sound like a type of contract which is required to be in writing to be enforceable, like a contract to sell real property or a contract which can't be performed withon a year. As it was not written down, the question is what the terms of that contract were - were thay as you say (i.e. you performed all the work required) or as the customer says (i.e. you agreed to perform more work, or better work, for the money you were paid).  If you can't reach an agreement with the customer, a judge or jury would have to decide. Complicating this is the fact that you had no license.  Depending on what kind of services you performed, you may have been legally required to be licensed, and your contract may be unenforceable without one.  This could mean, again depending on what type of work you performed and local MT law (with which I am not familiar) that you would either have to refund all the money, or that you would only be entitled to keep the fair market value of the services you performed, even if that is less than the amount contracted for.... Read More

It is possible his visitor visa will be denied. The consular official must be satisfied that your friend will not become a public charge and will depart the United Srares in compliance with his authorized stay. Your friend not having employment will work against him. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read More

Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report (up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.... Read More

Hello. He should be allowed to go before an immigration judge first before the possiblity of being deported. Of course depending upon his felony and the sentence he receives will depend if the immigration judge has to order him deported of if there would be an opportunity for him to stay. Please contact me for a free consultation to determine what options are available for him.... Read More

What a useless parent you have been. Were you drunk at home? Passed out? Or just dumbstruck. "...so I thought they had fallen asleep" is so lame it hurts. Keep your children home and away from parolee and GF. Your own parenting may be challenged by Child Protective Services if you try to do anything.... Read More

You will not have problems on any advance parole by virtue of being out of status for a few days. Under a decision by the Board of Immigration Appeals, advance parole is not considered an entry for purposes of unlawful presence. Even prior to the Board's decision, being out of status for a few days would not have any effect upon the admissibility of a person like you on advance parole.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

It is not clear what you are asking. Once you submit the paperwork to obtain a green card, you will first receive a filing receipt followed by a biometrics appointment notice. It is your burden to prove eligibility including manner of entry. You may receive a request for evidence e if necessary initial evidence is missing. You may be called for an interview depending upon how you are seeking a green card, your immigration history, and criminal record.... Read More

Yes, you could sue but I am not sure what damages you can claim as normally the time you spend to straightens out a problem is not reimbursable. Ping certainly can go after the company for patient infringement, fraud, and violation of various other laws, but the company will say it had no knowledge the clubs were phony [how much did they pay for them]. The government might be interested in closing down the web site.... Read More

If the other driver files a claim with your insurance company, your insurance company will provide a defense lawyer to represent you. The truth of the collision will be ferreted out through research including the police report, witnesses, and accident reconstruction experts. Since you were injured, you should speak to a personal injury attorney, Most good attorneys will offer a free initial consultation to discuss your case.... Read More

I am NOT a patent lawyer, but from my limited understanding, this is not "patentable" because it's not really an invention, it's just a new form of a product already in existence. However, you might try some other form of protection such as copyright. As for whether its worthwhile, once you find out how much it will cost, then you can decide if its worth it to you. Search for a lawyer in your area who handles "intellectual property".... Read More

The value of the land, equipment, grain, and his interest in the partnership and all of its assets, all less debts are, at the start, generally are 1/2 yours. Spousal support depends on a number of circumstances. The case should have been long over, 5 yrs is much too long for a divorce case to remain unsettled. You need a divorce attorney with an understanding of business/farming or at least a second opinion of the present status. We have that experience.... Read More