How to Verify an Executor’s Calculation of Your Share from a Sibling’s House Sale — Montana
How to Verify the Executor’s Calculation of Your Share from a Sibling’s House Sale Quick answer: In Montana, start by getting the estate accounting and sale documents, compare the numbers step‑by‑step (sale price minus liens, closing costs, commissions, and allowable estate expenses), confirm the inheritance share under Montana intestacy or the will, and, if anything […]
Read article →Montana: Selling a Deceased Parent’s House During Probate When There Is a Mortgage
FAQ: Selling a Deceased Parent’s House During Probate in Montana Short answer: It may be possible, but only in specific situations. A sale during probate usually requires the estate’s personal representative (executor or administrator) and, in many cases, approval from the probate court or the mortgage holder. The mortgage does not disappear at death — […]
Read article →Montana — Do I Have to Publish a 3-Month Notice to Creditors Before Selling a Deceased Parent’s House?
Quick answer No single, universal “yes” applies. In Montana, whether you must publish a 3‑month notice to creditors before selling your mother’s house depends on (1) whether the estate is being handled through formal probate or a simplified/small‑estate procedure, and (2) whether you have legal authority to transfer title. In most cases, you cannot simply […]
Read article →Proving the Value of a Deceased Parent’s Vehicles in Montana Probate
How to Prove the Value of a Deceased Parent’s Vehicles in Montana Probate Short answer: As personal representative (executor) in Montana probate, you prove the value of a decedent’s vehicles by preparing a clear inventory and appraisement supported by documentary market evidence (titles, registration, photos, odometer, repair history), published vehicle value guides or comparable listings, […]
Read article →Proving Motor Vehicle Value in Montana Probate: How to Establish and Document Vehicle Value
Detailed Answer When a person passes away, the personal representative (executor or administrator) must identify and report the estate’s assets and their values to the probate court. For motor vehicles owned by the decedent, courts want a clear, documented basis for the value you list on the inventory and any accountings. In Montana, follow these […]
Read article →How to Become a Limited Personal Representative in Montana to Run a Notice to Creditors and Sell Real Property
Quick FAQ: Getting Appointed as a Limited Personal Representative in Montana to Run a Notice to Creditors and Sell Real Property Short answer: In Montana you generally must (1) determine whether the estate qualifies for the small-estate or summary process, (2) prepare and file the correct petition or affidavit with the county probate court asking […]
Read article →Montana: How an LLC Member’s Ownership Is Treated After Death — What to Know
Detailed Answer Short answer: If your Montana limited liability company (LLC) operating agreement is silent about what happens to a member’s ownership when that member dies, Montana default LLC rules and general estate law will control. In practice, the decedent’s estate or heirs usually inherit the economic rights (right to distributions) but do not automatically […]
Read article →How to Prove a Zero Balance and Close a Spouse’s Estate in Montana
Proving a Zero Balance and Closing a Spouse’s Estate in Montana This plain-language guide explains the typical steps to show that a decedent’s estate has no assets requiring probate and to obtain a court order formally closing the estate under Montana law. This is educational only and is not legal advice. Consult a Montana attorney […]
Read article →Montana: Using a Small‑Estate Affidavit vs. Formal Probate
Using a Small‑Estate Affidavit in Montana: Can You Avoid Formal Probate? Short answer: Possibly for some personal property — but it depends on Montana law, the types of assets involved, their total value, and whether third parties (banks, title companies) will accept the affidavit. You cannot assume a North Carolina small‑estate rule applies in Montana. […]
Read article →If Mediation Fails in Montana: Next Steps for Partition and Probate Disputes
What Happens If Mediation Fails in a Montana Partition or Probate Dispute? Short answer: Mediation is often a voluntary or court-ordered step to try to settle disputes, but if it fails you generally still have the right (and often the need) to take your case to court. In Montana, unresolved partition and probate disputes usually […]
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