Montana: What to Do If a Heir Withholds Your Dad’s Original Will
How to get a decedent’s will filed in Montana when a family member refuses to produce the original Short answer: File a probate petition in the county where your father lived. If the original will is being withheld, you can ask the court to compel production (subpoena, contempt), or to admit a copy or prove […]
Read article →Montana: Duties of a Life Estate Holder — Repairs, Maintenance, Taxes, and Avoiding Waste
Understanding a Life Tenant’s Duties in Montana Short disclaimer: This information is educational only and is not legal advice. For advice about a specific situation, consult a Montana attorney. Detailed answer — what a person with a life estate must do A life tenant (the person who holds a life estate) has the right to […]
Read article →Montana: Handling a Full-and-Final Insurance Settlement When You Still Need Treatment
What to know if an insurance company offers a full-and-final settlement but you still need more medical treatment Not legal advice. This article explains general Montana information and is not a substitute for speaking with a licensed attorney. Short answer An insurer’s offer described as a “full and final” settlement usually requires you to sign […]
Read article →Montana: What Happens After the 90‑Day Waiting Period for an Unclaimed Property Claim
What to expect after the 90‑day waiting period for an unclaimed property claim in Montana Short answer After Montana’s 90‑day review or waiting period, the unclaimed property office will move forward based on its claim review: it will either approve and pay an eligible claim, request more information, deny the claim with a reason, or […]
Read article →Montana: Evidence Needed to Prove Undue Influence or Lack of Testamentary Capacity
How to Prove Undue Influence or Lack of Testamentary Capacity When a Will Is Signed This FAQ explains the kinds of evidence commonly used to challenge a will in Montana on the grounds of undue influence or lack of testamentary capacity. It describes what to look for, what documents and witnesses help, and practical steps […]
Read article →Montana: What to Expect After You Submit an Insurance Claim
Step-by-step guide to the insurance-claim process in Montana Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Montana attorney or contact the Montana Commissioner of Securities and Insurance. Detailed Answer — What typically happens after […]
Read article →How to File a Special Proceeding to Recover Foreclosure Surplus Funds in Montana
FAQ: Recovering Surplus Money After a Foreclosure Sale — What to Expect and How to Proceed Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For help tailored to your situation, consult a licensed Montana attorney. Overview If a foreclosure sale produced more money than was […]
Read article →Can a consent order be used to skip the court hearing and distribute the sale money by agreement? (MT)
Can a consent order be used to skip the court hearing and distribute the sale money by agreement? Short answer: In Montana, parties can ask a judge to enter a consent (or stipulated) order that sets out how sale proceeds will be distributed. A signed consent order can eliminate the need for a contested hearing, […]
Read article →How do I force my sibling to give me a copy of our parents’ estate plan in Montana (MT) after he ignored my formal request?
Detailed Answer: Forcing a sibling to provide a copy of your parents’ estate plan in Montana Short answer: If your parents are alive, Montana law generally does not let you force a private family member to hand over an estate plan without the parents’ permission. If a parent has died, wills and many probate-related documents […]
Read article →How long does it usually take to get an out-of-state will approved in Montana probate? (MT)
How long does it usually take to get an out-of-state will approved in Montana probate? This FAQ explains, in plain language, what to expect when you try to admit a will that was executed outside Montana to Montana probate court. It explains common steps, typical timelines, and practical tips so you can decide whether to […]
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