Detailed Answer
When a bank or other institution refuses to hand over estate documents, a personal representative can use several tools under Montana law. First, rely on your authority as a personal representative. Mont. Code Ann. § 72-2-705 grants you power to collect estate assets and initiate legal actions on behalf of the estate. Then follow these steps:
1. Send a Formal Demand Letter
Draft a written demand referencing your letters of appointment and cite Mont. Code Ann. § 72-2-705. Clearly list the documents—bank statements, account ledgers, safe deposit box inventories—and set a deadline. Send by certified mail for proof of delivery.
2. Petition the Probate Court
If the institution ignores your demand, petition the Montana probate court for an order compelling production. Under Mont. Code Ann. § 72-1-204, the court can direct third parties to turn over any property or records belonging to the estate. Attach your demand letter and your letters of appointment.
3. Serve a Subpoena Duces Tecum
File a subpoena under Montana Rule of Civil Procedure 45. Specify the requested documents and set a compliance date. If the institution fails to comply, return to court to seek enforcement.
4. Seek Contempt Sanctions
Ask the court to hold the uncooperative institution in contempt. Contempt powers include fines and attorney fees. Courts enforce compliance quickly and may award you costs.
5. File a Regulatory Complaint
As a last resort, file a complaint with the Montana Commissioner of Securities and Insurance or the Montana Division of Banking. Regulators can investigate violations and compel institutions to release records.
Helpful Hints
- Obtain certified copies of your letters of appointment before requesting records.
- Document all communications—emails, letters, and phone logs.
- Review Montana’s record-retention requirements; some institutions purge records after a set period.
- Consider hiring local counsel if the institution has out-of-state branches.
- Act promptly to avoid missing record-retention deadlines.
Disclaimer: This article provides general information under Montana law and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.