What Documentation Is Needed to Freeze or Secure a Decedent’s Bank Accounts in Montana When Co-Heirs Refuse to Cooperate?
Detailed Answer When a decedent’s bank accounts remain active and co-heirs won’t cooperate, Montana law lets you secure those assets through the probate court. You must become the decedent’s legal representative or use a small-estate procedure if the total personal property (excluding real estate) is under $50,000. 1. Determine the Appropriate Procedure Formal Probate: Use […]
Read article →How Are Real Property and Personal Assets Identified, Inventoried, and Distributed Under Intestacy Law in MT?
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer 1. Identifying Real and Personal Property When a Montana resident dies without a will, the district court appoints a personal representative under Mont. Code Ann. § 72-3-101. The representative locates real property […]
Read article →What Options Exist to Secure Missing Estate Documents from Uncooperative Institutions in Montana?
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 […]
Read article →What type of deed should Montana heirs sign to convey their interests in property, and how is it recorded?
Montana Heirs’ Deeds: Conveying Interests and Recording Steps 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 When a decedent’s estate in Montana is probated and heirs receive title to real property, they must execute a deed to […]
Read article →How Can a Client Verify Creditor Notice Requirements for the Two-Year Rule in MT?
Detailed Answer Under Montana law, personal representatives must notify creditors of an estate through publication and direct mailing to known creditors. Proper notice triggers the two-year bar on claims under Mont. Code Ann. § 72-3-110 and the claim-bar rule under Mont. Code Ann. § 72-3-803. 1. Review the Probate Court File Contact the clerk of […]
Read article →Should a Personal Representative Open an Estate Account to Handle the Money of the Estate in MT?
Detailed Answer When you serve as a personal representative in Montana, state law treats you as a fiduciary. A fiduciary must manage estate assets, including cash, prudently and transparently. Montana’s probate code explicitly supports opening a separate estate bank account to hold all monies belonging to the estate. Mont. Code Ann. § 72-1-603(1) requires a […]
Read article →What steps are needed to bring real property into the estate in order to pay claims of the estate? – MT
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Montana law, a personal representative can bring real property into the probate estate to generate funds for paying creditors. Follow these steps to probate and sell or encumber real property: Open Probate and Appoint a Representative. File a […]
Read article →Can I Seek Reimbursement from the Estate for Paying the Funeral Bill in Montana?
Detailed Answer If you paid funeral or burial expenses for a Montana decedent, you may recover those costs from the decedent’s estate. Montana law treats funeral and last sickness expenses as a priority claim against the estate. To pursue reimbursement, follow these key steps. 1. Identify the Personal Representative Once someone petitions the court to […]
Read article →How Can an Estate Administrator in Montana Verify That Payment Fully Satisfied the Outstanding Vehicle Loan?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on estate administration and vehicle lien satisfaction. Detailed Answer 1. Obtain a Written Lien Release from the Lender Under Montana law, once a vehicle loan is paid in full, the secured party (lender) must provide […]
Read article →How Does an Incomplete or Missing Marriage Certificate Affect a Surviving Spouse’s Allowance Claim in Montana?
Surviving Spouse Allowance and Missing Marriage Certificates in Montana Detailed Answer Under Montana law, a surviving spouse may claim a family or homestead allowance from the decedent’s probate estate even if the will or estate plan makes no provision for such an allowance. These allowances help ensure the spouse has funds to maintain household expenses […]
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