What steps can be taken to verify or contest a creditor’s payoff quote on an estate debt in MT?
Detailed Answer — How to verify or contest a creditor’s payoff quote on an estate debt (Montana) Short answer: If you are administering an estate in Montana or are an heir/beneficiary, you should (1) collect the estate and loan documents, (2) ask the creditor for a written, itemized payoff statement, (3) check the math and […]
Read article →How to submit an affidavit accounting for personal property in a Montana small estate case
Montana FAQ: Submitting an Affidavit Accounting for a Decedent’s Personal Property in a Small Estate Short answer: In Montana you typically prepare a sworn affidavit that lists the decedent’s personal property, value, and heirs, attach the death certificate and supporting documents, sign it before a notary, and file or present it to the appropriate court […]
Read article →What records are needed to show asset transfers under small estate procedures in MT?
Detailed answer — Records you will need to show asset transfers under Montana small estate procedures Quick overview: When someone dies and the estate qualifies for a simplified or small‑estate procedure in Montana, banks, vehicle registries, and other holders of property will usually require documentary proof before they will release or retitle assets. The documents […]
Read article →What are the legal requirements and process for transferring a decedent’s firearms during probate in MT
Transferring a Decedent's Firearms During Probate — What Montana Executors and Heirs Need to Know Disclaimer This article is informational only and is not legal advice. It does not create an attorney-client relationship. For help applying these ideas to your situation, consult a licensed Montana attorney familiar with probate and firearms law. Detailed Answer — […]
Read article →How to protect life insurance proceeds in Montana (MT) when no beneficiary is named from creditor claims
Detailed Answer Short answer: If a life insurance policy has no living, valid beneficiary at the insured’s death, the proceeds typically become part of the decedent’s probate estate under Montana law and are therefore exposed to creditor claims during estate administration. To protect proceeds from creditors you must plan before death (for example, name a […]
Read article →What should I do if an heir refuses to return estate property and the estate is still open? (MT)
How to recover estate property from an heir when the probate estate is still open in Montana Detailed Answer When someone named as an heir or beneficiary refuses to return property that legally belongs to an estate while the probate case is still open, the personal representative (often called the executor or administrator) and interested […]
Read article →What options do heirs have when an estate administrator becomes unresponsive or refuses to distribute assets? (MT)
What can heirs do if an estate administrator in Montana is unresponsive or refuses to distribute assets? Detailed answer When someone dies and a court appoints an estate administrator (sometimes called a personal representative or executor), that person has legal duties to marshal assets, pay valid debts, account to beneficiaries, and distribute the estate according […]
Read article →How do I apply to be appointed as the personal representative of a deceased relative’s estate in MT?
Detailed Answer: How to apply to be appointed as the personal representative of a deceased relative’s estate (Montana) Short answer: In Montana you apply to the district court in the county where the deceased person (the decedent) lived. You file a petition to open probate and to be appointed as the personal representative (sometimes called […]
Read article →How Can Heirs Petition the Court to Reopen a Closed Estate to Claim Unclaimed Assets in MT?
Detailed Answer Under Montana’s Uniform Probate Code (Title 72, Chapter 3), an estate may reopen when previously unknown assets or valid claims surface after formal closing. To initiate this process, heirs must file a petition with the district court that handled the decedent’s estate. 1. Eligibility and Timing Mont. Code Ann. § 72-3-907 allows reopening […]
Read article →What is the process for inventorying and distributing estate assets among multiple heirs in MT?
Disclaimer: This article is for educational purposes only and is not legal advice. Inventorying and Distributing Estate Assets in Montana: Step-by-Step Guide Detailed Answer When a person dies, their estate enters probate in Montana. The probate process ensures that multiple heirs receive their shares under state law. Below are key steps to inventory and distribute […]
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