Montana — Notifying Heirs and Creditors When Opening Probate
Short answer — what you generally must do when opening probate in Montana When you open a probate estate in Montana, you must notify the people who have a legal interest in the estate (commonly called heirs, devisees, or interested persons). You will also need to give notice to creditors. Practically, that means: (1) providing […]
Read article →Selling a Deceased Parent’s Home in Montana When the Reverse Mortgage Lender Requests Renunciation Letters
Selling a Deceased Parent’s Home in Montana When the Reverse Mortgage Lender Requests Renunciation Letters Disclaimer: This article is educational only and is not legal advice. Consult a Montana attorney about your specific situation. Detailed answer — what’s happening and the step‑by‑step path to sell the house If your father had a reverse mortgage (most […]
Read article →If an Uncle Refuses to Renounce: Options to Become Personal Representative — Montana
Detailed Answer Short version: If a person who would otherwise have priority refuses to sign a written renunciation, you cannot rely on that refusal informally. You should (1) ask the relative to sign a formal written renunciation that the court will accept, (2) file a petition with the probate court to be appointed personal representative […]
Read article →Including Out-of-State Real Estate in a Montana Will
Detailed Answer This section explains, under Montana law, what you need to know and do to make sure a house you own outside Montana is covered by your Montana will. It covers validity of the will, how different states treat real property, practical steps to draft a clear devise, and likely post-death procedures. Which law […]
Read article →Montana: First Step to Determine Legal Ownership of a Relative's Land
How to start figuring out who legally owns part of a relative's land in Montana Short answer (first step) The first step is to pull the recorded deed and chain of title for the parcel at the county clerk and recorder (or the county land records system) where the property is located. That search will […]
Read article →Montana: Challenging Transfers Made Under a Power of Attorney — What to Know
Short answer If you suspect your grandfather lacked legal capacity when he signed a power of attorney (POA) or when transfers were made under the POA, you may be able to challenge those transfers in Montana. Common grounds for a challenge include lack of capacity, undue influence, fraud, forgery, the agent acting beyond granted authority, […]
Read article →Montana: What Happens to Jointly Held Bank Accounts and Property When Someone Dies Without a Will
Detailed Answer — How jointly held bank accounts and property are handled when someone dies without a will in Montana Short answer: In Montana, whether jointly held accounts and property pass automatically to the survivor or become part of the deceased person’s estate that must be distributed under Montana’s intestacy rules depends on how the […]
Read article →Montana — What Expenses Can Be Reimbursed for Maintaining Estate Property Before a Sale?
How to track and get reimbursed for expenses to maintain estate property before sale in Montana Short answer: As personal representative (executor/administrator) in Montana you can generally be reimbursed from estate funds for reasonable and necessary expenses incurred to preserve and manage estate property before sale. Typical reimbursable items include mortgage or note payments, property […]
Read article →How to Be Appointed Estate Administrator or Co-Administrator in Montana
How to Be Appointed Estate Administrator or Co-Administrator in Montana Short answer: To become an estate administrator (or co-administrator) in Montana you must ask the district court in the county where the decedent lived to appoint you as the decedent’s personal representative, follow Montana probate procedures for filing a petition, give required notice to heirs […]
Read article →Montana: Using Wills and Beneficiary Designations to Avoid Probate
Detailed Answer This answer explains how wills and beneficiary designations work in Montana and how you can use them (and other tools) to keep assets out of probate so your spouse and children receive what you intend. This is general information only and is not legal advice. How probate normally works in Montana A will […]
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