How does intestate succession work in Montana when no will exists and the decedent died with no spouse and three children?
Intestate succession in Montana occurs when a person dies without a will. State law then divides the decedent’s estate among eligible heirs. This article explains how distribution works when the decedent left no surviving spouse and has three children. What Is Intestate Succession in Montana? Intestate succession refers to the process courts use to distribute […]
Read article →How can the Slayer statute rule affect an heir’s right to inherit from a decedent’s estate in Montana?
Detailed Answer Under Montana law, the slayer statute prevents anyone who unlawfully and feloniously causes a decedent’s death from inheriting from that person’s estate. This rule appears in Mont. Code Ann. § 72-2-121, which states that a person convicted of homicide or civilly found responsible by clear and convincing evidence forfeits any benefit from the […]
Read article →How does title transfer for an inherited home when there is no will and multiple heirs in MT?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies in Montana without a valid will (intestate), their real property passes to heirs under the Montana intestate succession statutes. Here’s how title transfer works for an inherited home with multiple heirs: 1. Identify Heirs Under MCA […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in MT
Disclaimer: This article provides general information about Montana law and is not legal advice. Detailed Answer What Is Medicaid Estate Recovery in Montana? When a Medicaid recipient aged 55 or older passes away, the Department of Public Health and Human Services (DPHHS) may seek reimbursement for long-term care costs from that person’s estate. Under Mont. […]
Read article →Can I Appeal a Probate Court Decision Removing a Personal Representative in Montana?
Detailed Answer Under Montana law, a personal representative (sometimes called an executor or administrator) serves as a fiduciary for an estate. If the court finds cause—such as misconduct, failure to account, conflict of interest, or incapacity—it may remove the personal representative. This process is governed by Montana Code Annotated § 72-3-725. Once removed, the former […]
Read article →How do I determine who the intestate heirs are of my father's estate in MT?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies in Montana without a valid will, their estate passes to heirs under state intestate succession laws. Montana’s rules appear in Mont. Code Ann. Title 72, Chapter 2. Follow these steps to identify your father’s intestate heirs. […]
Read article →Does the personal representative have to provide me a copy of the accounting in a probate matter in Montana?
Detailed Answer Under Montana law, a personal representative must inventory estate assets within 90 days of appointment and file a final accounting before closing the estate. Montana Code Annotated (MCA) Section 72-3-111 requires an inventory and appraisal. MCA Section 72-3-118 requires the personal representative to file a final account, notice of hearing, and serve each […]
Read article →How to Determine Remaining Assets in an Estate After Paying Debts and Fees in Montana
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Step 1: Inventory and Appraise All Estate Assets Begin by listing every asset the decedent owned at death. Under Mont. Code Ann. § 72-3-1101, the personal representative must file an inventory and appraisal with the court. Typical assets include: […]
Read article →What options exist for a personal representative with limited funds for handling creditor claims in MT?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Montana attorney for guidance specific to your situation. Detailed Answer As a personal representative (PR) in Montana, you must handle allowed creditor claims against the estate—but limited estate funds can make this challenging. Montana’s Uniform Probate Code (UPC) […]
Read article →How to Manage Estate Administration When Assets Are Located in Multiple Counties or Jurisdictions in Montana
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana for guidance tailored to your situation. Detailed Answer 1. Understand Montana’s Probate Framework In Montana, the probate process typically begins in the county where the decedent was domiciled. Title to real property passes by operation […]
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