How to Probate a Will Not Witnessed or Notarized in Montana
Detailed Answer Under Montana law, a valid will must be in writing, signed by the testator, and witnessed by two competent witnesses present at the same time (MCA § 72-2-502). Notarization is not required to make a will valid in Montana. Instead, a self-proving affidavit may streamline probate but its absence does not invalidate a […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in MT
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana for assistance with probate administration. Detailed Answer When administering an estate under Montana law, you must locate and submit the decedent’s original will or, if the original is unavailable, a certified filed copy. Follow these […]
Read article →What information and documents should be gathered before the decedent’s passing to streamline probate in Montana?
Detailed Answer Gathering key information and documents before a loved one’s passing makes Montana probate faster and less costly. Under the Montana Uniform Probate Code (Mont. Code Ann. Title 72, Chapter 3), the personal representative must identify heirs, inventory assets, and validate the will. Having these materials on hand prevents delays and reduces court fees. […]
Read article →How can beneficiaries challenge a trustee who misuses trust funds under Montana law?
Disclaimer: This content is for educational purposes only and does not constitute legal advice. Detailed Answer Under Montana law, trustees owe beneficiaries a duty of loyalty and must administer trust assets in beneficiaries’ best interests. These duties include avoiding self-dealing, misappropriation of assets, and conflicts of interest. See § 72-38-803, MCA. When a trustee misuses […]
Read article →How Can I Obtain Proof of Lost Wages When My Former Employer Will Not Provide Payroll Records in Montana?
If you lost wages but your former employer refuses to share payroll records, you can still document your income loss under Montana law. You can gather alternate evidence, formally demand records under Mont. Code Ann. § 39-3-205, file a wage claim with the Montana Department of Labor and Industry, or use court procedures to compel […]
Read article →How to address discrepancies in employer d/b/a versus their legal name when filing a lost wage claim in Montana
Detailed Answer When you file a lost wage claim in Montana under the Workers’ Compensation Act (MCA 39-71), you must identify your employer by its exact legal name. Many businesses operate under a trade name (“d/b/a”) that differs from the name they registered with the state. Listing the wrong name can delay processing, cause confusion, […]
Read article →How can original wills and codicils be located and verified before opening probate in Montana?
Detailed Answer Before opening probate in Montana, you must locate and verify the decedent’s original will and any codicils. Follow these key steps to ensure the correct document is admitted to probate: Review Attorney and Personal Records: Contact any attorney, trust officer, or financial planner who advised the decedent. Examine home files, digital vaults, cloud […]
Read article →How to Claim Lost Wages from Multiple Jobs After an Injury in Montana
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When an on-the-job injury forces you off work in Montana, you may qualify for workers’ compensation wage‐loss benefits. If you hold multiple jobs, Montana law requires insurers to consider earnings from all covered employment when calculating your average weekly […]
Read article →What options exist for selling or transferring real property when an heir is a minor child and cannot consent? – MT
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult an attorney for advice about your specific situation. Sale Through the Probate Estate When a decedent’s estate includes real property in Montana and one heir is a minor, the personal representative (executor or administrator) may petition the […]
Read article →What Information and Documentation Are Required to Verify All Individuals with an Interest in Real Property in Montana?
Detailed Answer When verifying all individuals with an interest in real property in Montana, you must identify each owner, lienholder, trustee or other party with a claim. The process combines a title search with identity verification and review of legal documents. Follow these steps to ensure full compliance with Montana law. 1. Identify the Type […]
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