How can an interested party determine if surplus funds remain after a foreclosure sale in Montana?
How to Determine Surplus Funds After a Montana Foreclosure Sale Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer In Montana, a foreclosure sale can generate surplus proceeds when the sale price exceeds the total debt, accrued interest, foreclosure […]
Read article →What steps are required to file a petition claiming surplus funds from a foreclosure proceeding in Montana?
Detailed Answer When a foreclosure sale produces more money than the owed debt and foreclosure costs, the court holds any extra funds as a surplus. Under Montana law, former owners and junior lienholders may claim those funds by filing a petition in the district court. Confirm EligibilityReview Montana Code Annotated § 71-1-501 to see who […]
Read article →How to Determine if Other Creditors or Lienholders Could Have Claims to the Surplus Funds in Montana
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer: Identifying Potential Claimants to Surplus Funds in Montana When a foreclosure sale generates proceeds above the mortgage debt and sale costs, Montana law requires the sheriff to hold the […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in Montana?
Detailed Answer In Montana, you begin by filing a petition for letters testamentary (if there is a will) or letters of administration (if there is no will or no named executor) with the district court in the decedent’s last county of residence. (MCA 72-3-303) 1. Confirm eligibility Executors named in a valid will have priority. […]
Read article →What options exist for establishing authority over an elderly heir’s personal and financial decisions in Montana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana for guidance on your specific situation. Detailed Answer When an elderly heir can no longer manage personal care or finances, Montana law provides tools to appoint someone you trust to step in. The two primary […]
Read article →How to Obtain and Document Medical Care When Concerned About Out-of-Pocket Costs in Montana
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney or health care professional for advice specific to your situation. Detailed Answer When medical expenses seem overwhelming, you can take concrete steps to obtain care and track costs. Below is a six‐step approach under Montana law to […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Montana?
When managing an estate in Montana, personal representatives often ask whether they may take a commission on the original estate assets and on funds generated by asset sales. This guide explains how Montana law treats commissions, walks through the required procedures, and highlights key considerations. Detailed Answer Statutory Authority Mont. Code Ann. § 72-3-305 (Compensation […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in Montana?
Disclaimer: This article does not constitute legal advice. Consult an attorney for guidance tailored to your situation. Detailed Answer Secure Appointment: Under 72-3-502, MCA, file a petition to appoint a personal representative. The court issues letters of administration or testamentary. These letters authorize you to act on behalf of the estate. Identify and Locate Assets: […]
Read article →How to Verify and Probate an Old Will Discovered Decades After Execution in MT
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer Discovering an original will decades after execution raises unique challenges. Under Montana law, you must verify its authenticity, satisfy procedural requirements, and convince a court to admit it to probate. […]
Read article →How to Verify if a Decedent Had a Valid Will or Other Estate Planning Documents in MT
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana to address your specific situation. Detailed Answer Understanding Montana’s Will Requirements Under Montana law, a valid will must meet specific formalities. Mont. Code Ann. § 72-2-502 requires a will to be in writing, signed at […]
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