What steps should be taken to negotiate and settle a creditor claim during probate in Montana?
Disclaimer: This article provides general information only and does not constitute legal advice. Detailed Answer When someone dies in Montana, their estate enters probate. During this process, known and unknown creditors can file claims against the estate. As personal representative, you must review, negotiate, and settle valid claims before distributing assets to heirs. 1. Notify […]
Read article →What Documentation Should an Executor Gather to Respond to a Creditor’s Settlement Demand in Montana?
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a licensed attorney in Montana for guidance tailored to your situation. Detailed Answer When a creditor sends a settlement demand against an estate, an executor must assemble key documents to verify the claim and decide how to respond. Under Montana law, […]
Read article →How can an executor challenge a creditor claim on predatory lending grounds for an elderly decedent in Montana?
Detailed Answer When a person dies in Montana, the executor (personal representative) must review and act on any creditor claims according to state law. Under Montana Code Annotated (MCA) 72-3-114 (https://leg.mt.gov/bills/mca/title_0720/chapter_0030/part_0010/section_0114/), creditors must present their claims within four months after letters are first issued. To challenge a creditor claim on predatory lending grounds, follow these […]
Read article →How to Access and Withdraw Money in a Deceased Person's Bank Account During Probate in MT
Detailed Answer Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed Montana attorney for guidance on your specific situation. Overview of Montana Probate When a person dies, their bank accounts become part of their estate. Montana law requires that someone act as personal representative—either an executor named in a […]
Read article →What factors determine the total cost of administering an estate in Montana?
Detailed Answer Administering an estate in Montana can involve various expenses. The total cost depends on several factors under Montana law. Understanding these can help you plan effectively. 1. Attorney and Personal Representative Fees Montana courts allow personal representatives (also known as executors) to receive commissions. Under Mont. Code Ann. §72-3-306, you can pay the […]
Read article →What records are needed to support a lost-wage claim in Montana?
Detailed Answer In Montana, if you lose wages due to an injury or other qualifying event, you must present clear documentation to support your lost-wage claim. Under Montana tort law, economic damages may include past and future lost earnings (Mont. Code Ann. §27-1-204). To prove your past lost wages, you typically need: Recent pay stubs […]
Read article →Which documents and certificates should be collected to begin estate administration in Montana?
Gather Key Estate Documents and Certificates in Montana To start estate administration in Montana, you must gather key documents and certificates. Collecting these items early speeds up probate and helps you fulfill Montana law requirements. Essential Personal and Probate Documents Original Last Will and Testament: Locate the decedent’s signed will. (MCA 72-1-102) Certified Death Certificate: […]
Read article →How can estate expenses and ongoing bills be managed during the probate process in Montana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Montana for advice specific to your situation. Understanding the Probate Process in Montana Probate is the court-supervised process that validates a decedent’s will, appoints a personal representative, collects assets, pays debts, and distributes the estate. In […]
Read article →How Can a Beneficiary in Montana Compel an Estate Administrator to Pay an Inheritance Share?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When an estate administrator delays or refuses to distribute your inheritance in Montana, you can ask the probate court to enforce the administrator’s duties. Under the Montana Uniform Probate […]
Read article →How Does Intestate Succession Work in Montana When No Will Exists and the Decedent Died With No Spouse and Two Children?
Disclaimer: This article provides general educational information and is not legal advice. Detailed Answer Intestate succession applies when a person dies without a valid will. In Montana, Title 72 of the Montana Code Annotated governs this process. If a decedent leaves no surviving spouse but has two children, the estate passes entirely to those children. […]
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