What documentation is required to prove I'm the next of kin and qualify as administrator in a reopened estate? (MT)
Proving Next of Kin and Qualifying as Administrator in a Reopened Montana Estate Detailed answer — what you must prove and how to reopen an estate in Montana Short answer: To qualify as the administrator (personal representative) in a reopened Montana probate, you must prove (1) your status in the family relationship chain that gives […]
Read article →How can I reopen my father's closed estate in Montana (MT) so I can be appointed as administrator?
Detailed Answer: Reopening a Closed Estate in Montana and Seeking Appointment as Administrator Short answer: In Montana you can often ask the court to reopen a closed probate estate if new assets, creditors, errors, or fraud come to light, or if the original personal representative (PR) died, resigned, or is otherwise unable to complete administration. […]
Read article →What steps do I need to take when the original estate administrator has died before completing the probate (MT)
How to proceed when the original estate administrator dies before probate is complete — Montana Detailed answer — what to do next under Montana law When the appointed personal representative (sometimes called the administrator or executor) of an estate dies before finishing probate, the probate process does not automatically stop. Montana law provides ways to […]
Read article →What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? — MT
Detailed Answer If a current survey and chain-of-title search show that a parcel was conveyed out of your mother’s estate decades ago and the deed and records appear valid, the most likely legal result is that you no longer have a property interest in that parcel. Legal title generally follows the recorded deed: if the […]
Read article →How do I get the probate court’s permission to sell property in MT when the clerk’s office won’t explain filing requirements?
Getting Court Permission to Sell Estate Property in Montana When the Clerk’s Office Won’t Explain Filing Requirements Disclaimer: This is informational only and not legal advice. I am not a lawyer. For legal advice about a specific case, consult a licensed Montana attorney. Detailed answer — how to get the probate court’s permission to sell […]
Read article →What steps do I need to follow as executor to sell real property to pay estate debts? (MT)
Detailed Answer Short answer: As the executor (personal representative) in Montana, you must first confirm your authority, open and administer the estate under Montana probate rules, identify and value estate assets, notify creditors, and—if the sale of real property is needed to pay estate debts—obtain whatever authority the will or the court requires before marketing […]
Read article →Can I recover personal items that heirs removed from the house before I took possession and enforce the court’s order? (MT)
Detailed Answer — What you can do under Montana law Hypothetical: a Montana probate court issued a final order distributing a house and specific personal property to you. Before you took physical possession, one or more heirs removed several items from the house. You now want those items returned and you want the court’s order […]
Read article →Can heirs of a deceased sibling be included in a partition action in MT?
Including Heirs of a Deceased Sibling in a Montana Partition Action — Detailed Answer and How to Add Them Short answer: Yes — heirs of a deceased sibling can and generally should be included as parties in a Montana partition action if they inherited the deceased sibling’s ownership interest (or if the deceased held an […]
Read article →What Happens to a Safe Deposit Box After Someone Dies in MT?
Detailed Answer Short answer: In Montana, the contents of a deceased person’s safe deposit box generally become part of the decedent’s estate. Access usually goes to the personal representative (executor or administrator) or to a surviving co-tenant named on the box, and banks will typically require proof of authority (death certificate plus letters testamentary or […]
Read article →When Can an Executor Be Removed in Montana (MT)?
Detailed Answer — When can an executor (personal representative) be removed under Montana law? In Montana, the person who manages a decedent’s estate is called a personal representative (often called an executor). The district court that oversees the probate has broad authority to remove a personal representative when removal protects the estate and the interests […]
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