Detailed Answer
Under Montana law, a year’s allowance (called a family allowance) is governed by MCA 72-2-401. The allowance provides support to a surviving spouse and minor children from the decedent’s personal property. To request this allowance, you must file an application in the probate proceeding. Your application should include your relationship to the decedent and an estimate of your reasonable living expenses. You do not need to create a separate list of personal property assets yourself. The personal representative (PR) must file an inventory and appraisement of all estate assets, including personal property, within three months of appointment under MCA 72-2-305. The court uses the PR’s inventory to value assets and calculate the allowance. If you also serve as PR, your application and the statutory inventory overlap—you must list all personal property assets in the inventory to comply with the law.
Key Statutes
- MCA 72-2-401: Family Allowance
- MCA 72-2-305: Inventory and Appraisement
Example
For example, Jane files for a $30,000 year’s allowance after her spouse’s death. She submits an application with her estimated expenses. Meanwhile, John, the PR, files an inventory listing the family vehicle, household furnishings, and bank accounts. Jane does not attach her own asset list; she reviews John’s inventory during probate and raises concerns if it omits significant property.
Potential Consequences
Failing to list assets in the PR’s inventory can delay your allowance, lead to court sanctions under MCA 72-2-309, and reduce the funds available for the year’s allowance.
Disclaimer: This article is for informational purposes and is not legal advice. Consult a licensed attorney for guidance on your specific situation.
Helpful Hints
- Review the PR’s inventory early to understand the estate’s assets.
- Focus your allowance application on your support needs and qualification criteria.
- If you act as PR, prepare a detailed list of all personal property under MCA 72-2-305 within three months.
- Keep records of receipts and valuations to support asset appraisals.
- Consider consulting an attorney to navigate probate procedures efficiently.