What Steps Are Needed to Identify and Resolve Hospital or Insurer Liens Before Disbursing Settlement Funds in Montana?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer 1. Identify Potential Lienholders Before distributing settlement proceeds, you must locate all entities that may assert a claim against the recovery, including: Hospitals and medical providers. Under Montana’s Hospital Lien […]
Read article →How can a person obtain appointment as administrator when a higher-priority heir exists in Montana?
Detailed Answer When someone dies without a will in Montana, the district court appoints an administrator based on a strict priority list under Mont. Code Ann. § 72-3-201. That list begins with the surviving spouse, then children, parents, siblings, and so on. If a higher-priority heir exists, you can still secure appointment as administrator only […]
Read article →What steps protect a minors inheritance when the decedent did not leave a will in Montana?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Montana attorney for guidance. Detailed Answer When someone dies without a will in Montana, their assets pass under the intestacy statutes. If a minor stands to inherit, Montana law requires safeguards to protect that child’s share until they […]
Read article →MT: What Mechanisms Ensure an Administrator Complies with Estate Duties and Bond Requirements?
Detailed Answer Under Montana law, courts use several checks to ensure an estate administrator (personal representative) fulfills duties and maintains bonded responsibility. 1. Bond Requirement Upon appointment, administrators must post a surety bond. Montana Code Annotated (MCA) 72-3-201 requires a bond unless all heirs waive it in writing. The bond amount typically equals double the […]
Read article →How Do Intestacy Rules Apply in Montana If No Valid Will Is Found?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer 1. Understanding Intestacy Under Montana Law When someone dies without a valid will in Montana, their estate passes by intestate succession. Montana’s intestacy rules appear in Title 72, Chapter 2, Part 1 of the Montana Code Annotated (MCA). These rules […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Montana?
Detailed Answer Estate Administration in Montana In Montana, estate administration cases are filed in the District Court of the county where the decedent resided at the time of death. Under Mont. Code Ann. §72-3-102, the court has jurisdiction over probate matters. Mont. Code Ann. §72-3-101 establishes venue in the decedent’s home county. To open an […]
Read article →What steps are required to open an estate proceeding in Montana when no probate case exists?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Assume Jane Doe passed away in Missoula County, Montana, and no probate case exists. To open an estate proceeding, follow these steps under Montana law. 1. Choose the Right Probate Process First, determine if you qualify for a summary […]
Read article →What documentation is required to apply for letters of administration in Montana?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Montana probate attorney for guidance. Detailed Answer In Montana, when someone dies without a valid will (intestate), you must secure letters of administration to appoint a personal representative who can manage and distribute the estate. The key statutes […]
Read article →How to Determine if a Probate Estate Has Been Opened for a Decedent in MT
How to Determine if a Probate Estate Has Been Opened for a Decedent in Montana Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When someone dies in Montana, a probate estate may be opened in the district court of the county where the decedent resided or owned […]
Read article →What Information Is Needed to Request Estate Files from a County Probate Division in Montana?
Requesting Estate Files from a Montana County Probate Division Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified attorney. Detailed Answer In Montana, probate records—including estate files—are maintained by the clerk of district court in the county where the decedent resided […]
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