How Do I Distribute Wrongful Death Proceeds to Rightful Heirs in Montana?
Detailed Answer Under Montana law, wrongful death claims proceed through the personal representative of the decedent’s estate. The representative files suit on behalf of the decedent’s heirs as authorized by Mont. Code Ann. § 27-1-505 et seq. Once a settlement or judgment occurs, the court oversees distribution of proceeds. Mont. Code Ann. § 27-1-506 dictates […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Montana
Detailed Answer If you’ve inherited an estate in Montana and suspect the Department of Public Health and Human Services (DPHHS) filed a Medicaid claim against it, you have the right to obtain and review documentation supporting that claim. Under Mont. Code Ann. § 53-6-163, the state may seek reimbursement from the estate of a deceased […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Montana
Detailed Answer Understanding the steps to obtain and review corporate formation documents and bylaws can protect the decedent’s estate and clarify successor rights. This section explains how to access these documents under Montana law. 1. Obtain Public Formation Documents from the Montana Secretary of State All Montana corporations and LLCs file formation documents publicly. For […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling estate assets in MT?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Montana law, an interested person may petition the probate court to remove a personal representative if there is evidence of misconduct, mismanagement, or breach of fiduciary duty. The key statutes governing this process are Mont. Code Ann. § […]
Read article →How can an interested party open probate for a decedent’s estate in Montana?
Detailed Answer To open probate for a decedent’s estate in Montana, an interested party must follow the procedures outlined in the Montana Code Annotated (MCA). Probate confirms the will (if one exists), appoints a personal representative, and provides authority to settle debts and distribute assets. Determine proper venue. Probate must be filed in the district […]
Read article →What Information and Duties Must a Personal Representative Provide to Heirs in Montana?
Detailed Answer Under Montana law, a personal representative (often called an executor or administrator) has clear duties to heirs and beneficiaries. These requirements appear primarily in Montana Code Annotated (MCA) Title 72, Chapter 3. Key obligations include: Notification of Appointment: Within 30 days of appointment, the personal representative must notify all heirs, devisees and named […]
Read article →What steps are required to file probate court documents and publish creditor notices in MT?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for assistance with your specific situation. Detailed Answer To open probate in Montana, you must file a Petition for Probate with the District Court in the county where the decedent resided. Under Mont. Code Ann. § 72-3-103 […]
Read article →How to Determine if a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death in MT
Determining Whether a Transferred Vehicle Must Be Treated as Estate Property in Montana When someone dies, assets they owned may pass through probate or transfer automatically to a designated recipient. A vehicle that the decedent “transferred” before death may still end up in the estate if Montana law requirements were not met. This article explains […]
Read article →How to Determine the Proper Venue for Opening or Transferring a Decedent’s Estate in Montana
Detailed Answer Under Montana law, district courts in each county have authority to open probate or ancillary proceedings for a decedent’s estate. Choosing the proper venue ensures that the court has jurisdiction and that interested parties can efficiently administer or contest the estate. 1. Original Probate Venue Montana Code Annotated § 72-3-201 grants exclusive original […]
Read article →Should an executor confirm available estate funds before settling a creditor claim in Montana?
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in your jurisdiction for advice on your specific situation. Detailed Answer When a personal representative (executor) settles creditor claims against an estate in Montana, confirming available estate funds is vital. The Montana Uniform Probate Code (UPC) imposes […]
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