Probate in Montana | MT Legal Resources | FastCounsel

Regaining Control of a Deceased Parent's Bank & Credit Card Accounts — Montana

What to do when someone else is using a deceased parent’s financial accounts in Montana This guide explains practical steps you can take in Montana to stop unauthorized use of a deceased parent’s bank and credit card accounts, get control of those accounts, and protect the estate. It assumes no legal background. This is educational […]

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How to Secure a Deceased Person’s Home and Prevent Siblings From Removing Property — Montana

Disclaimer: This is general information, not legal advice. I am not a lawyer. For guidance specific to your situation, consult a Montana probate attorney. Detailed Answer When someone dies and you expect to be appointed the personal representative (administrator) of the estate, the period before formal appointment can be tense. Siblings or other family members […]

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How to Become the Administrator of Your Father's Estate in Montana

How to Become the Administrator of Your Father's Estate in Montana Note: This is general information only and not legal advice. Consult a Montana attorney or the district court in the county where your father lived for guidance about your specific situation. Detailed Answer — Step-by-step overview under Montana law If someone dies without a […]

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Montana — Order of Succession Among Children for Intestate Estate Administration

Detailed Answer Short answer: When a person dies in Montana without a valid will, the decedent's surviving children (and the descendants of any predeceased child) inherit under Montana's intestacy rules by representation — meaning the estate is divided into equal shares by generation, and a deceased child's share passes to that child's descendants. The distribution […]

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How to Get Court Approval to Sell a House and Pay Off the Mortgage in Montana

Step-by-step guide to obtaining court authorization to sell estate real estate and pay a mortgage in Montana Detailed answer Hypothetical facts: You are the personal representative (executor or administrator) of a decedent’s estate in Montana. The estate includes a house with an outstanding mortgage. The estate needs to sell the house so the mortgage can […]

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Montana: Using Payable‑On‑Death (POD) Accounts to Pay Estate Creditors

Do payable‑on‑death (POD) accounts in Montana pay estate creditors when other assets aren’t enough? Short answer: In Montana, POD accounts normally pass directly to the named beneficiary and do not become part of the probate estate. That means creditors of the decedent generally cannot reach POD funds through probate. However, there are important exceptions and […]

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How to Open an Estate Bank Account in Montana Using an IRS EIN

Disclaimer: This is educational information only and is not legal advice. For advice about your situation, consult a licensed Montana attorney. Detailed Answer — Setting up an estate bank account in Montana using an IRS EIN After a parent dies, the person responsible for administering the parent's estate (the personal representative, executor, or administrator) normally […]

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Montana — Late Creditor Claims After the 90‑Day Notice Period: What to Expect

Disclaimer: This article is for general information only and is not legal advice. Laws change and every case turns on its facts. Consult a Montana attorney for advice about a specific probate or creditor-claim situation. Detailed Answer — Consequences of filing a creditor claim after Montana's 90‑day notice period Montana probate law establishes timing rules […]

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Claiming Your Share of a Mother's Estate in Montana (Died Without a Will)

What to do when a parent dies without a will in Montana — a clear step‑by‑step FAQ Disclaimer: This information is educational only and is not legal advice. Consult a licensed Montana attorney for advice about your specific situation. Detailed answer — how intestate succession and claiming a share typically work in Montana If your […]

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Montana — Surviving Spouse Rights When a Spouse Dies Without a Will

What a Surviving Spouse Should Know When a Spouse Dies Intestate in Montana Short answer: If your spouse died without a will in Montana (intestate), the surviving spouse has clear legal rights to inherit, to participate in probate, and to seek court protection if the decedent’s family tries to cut you out. You should act […]

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