How Does an Executor Obtain an EIN for the Estate in MT?
Disclaimer: This content is for informational purposes and does not constitute legal advice. Detailed Answer: Applying for an EIN as an Executor in Montana An executor (also called a personal representative) needs an Employer Identification Number (EIN) to file federal tax returns for the estate, open estate bank accounts, and manage financial affairs. An EIN […]
Read article →What is the Difference Between Common and Solemn Form Probate in Montana?
Disclaimer: This article provides general information on Montana probate and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer In Montana, a testator’s will can enter probate either in common form or solemn form. Both paths admit a will to probate, but they differ in procedure, timing, […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate? (MT)
Detailed Answer Under Montana law, a year's allowance (called a family allowance) is governed by MCA 72-2-401. The allowance provides support to a surviving spouse and minor children from the decedent’s personal property. To request this allowance, you must file an application in the probate proceeding. Your application should include your relationship to the decedent […]
Read article →How to Request and Schedule a Probate Hearing in Montana When None Is Set
How to Request and Schedule a Probate Hearing in Montana Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer When you open a probate estate in Montana and no hearing date is set, you must take proactive steps […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in Montana
Detailed Answer Under Montana law, a probate court must serve court orders and notices on all interested parties to advance a probate case. “Interested parties” include heirs, beneficiaries, and creditors. See Mont. Code Ann. § 72-1-103. For hearings on probate petitions or motions, the personal representative or petitioner must serve a copy of the order […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in MT
Detailed Answer When you sign an initial probate representation agreement with an attorney in Montana, the document should clearly spell out which tasks the lawyer will handle and which tasks may require additional fees or a new agreement. Under Montana law, the scope of representation is defined by the retainer agreement and guided by professional […]
Read article →May I petition a court to remove an estate administrator who refuses to fulfill their duties in Montana?
Disclaimer: This information is for educational purposes and does not constitute legal advice. Detailed Answer Under Montana law, beneficiaries, heirs and creditors may petition the probate court to remove an estate administrator who refuses to fulfill their duties. The process is governed by the Montana Code Annotated (MCA). Statutory Basis The court’s authority stems from […]
Read article →How to Request an Extension for Filing a Final Accounting in Probate in Montana
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Overview of Final Accounting Deadlines in Montana Under Montana law, a personal representative must file a final accounting with the court within 60 days after service of the […]
Read article →Do I need to open an estate to pursue a wrongful death involving a car accident in Montana?
Detailed Answer Under Montana law, anyone pursuing a wrongful death claim must file the action through a court-appointed personal representative of the decedent’s estate. The wrongful death statutes at MCA § 27-1-501 through § 27-1-505 require that a personal representative bring the suit on behalf of the deceased’s heirs. To obtain that status, you must […]
Read article →How Do I Apply for Letters of Administration and What Forms Are Required in Montana?
Applying for Letters of Administration in Montana Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer When a person dies without a valid will (intestate) or without naming an executor, you must seek letters of administration from the district court in the county where the decedent lived. These letters […]
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