What steps are needed to include real property into the estate successfully in Montana?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Identify and Gather Property Records Begin by confirming the decedent’s ownership of the real property. Obtain a certified copy of the deed from the county clerk and recorder’s office. Review the legal description, chain of title and any […]
Read article →How Does One Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Montana
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Montana probate proceedings, you may seek a court-ordered subpoena to obtain estate records from third parties or custodians of records. The Montana Rules of Civil Procedure, Rule 45, governs subpoenas duces tecum (MCA 25-13-401 to 25-13-412). The Montana Uniform […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds in Montana?
Detailed Answer When a decedents real property sells in a Montana probate proceeding, the personal representative must distribute the net sale proceeds to the estates devisees or heirs. Montana law requires specific authorization forms to protect all parties and to close the estate efficiently. 1. Receipt of Distribution by Devisee or Heir Under Mont. Code […]
Read article →How to Distinguish Estate Assets from Corporate Assets in Montana
How to Distinguish Estate Assets from Corporate Assets in Montana 1. Detailed Answer When someone dies owning both personal assets and interests in a relative’s corporation, you must separate what belongs to the decedent’s estate from what remains corporate property. Under Montana law, a corporation is a distinct legal entity. Its assets never become estate […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs? Detailed Answer When a Montana estate includes personal property—furniture, artwork, machinery or collectibles—the personal representative often needs to convert those assets into cash to pay debts, taxes and administrative expenses, then distribute the remainder fairly among heirs. […]
Read article →What rights does a life estate grant to a lifetime beneficiary and how is a remainder interest determined under Montana law?
Detailed Answer Overview of a Life Estate In Montana, a life estate grants a lifetime beneficiary—called a life tenant—the right to possess, use, and earn income from property for life. The life tenant must preserve the property’s value and cannot commit waste. Montana Code Annotated § 70-20-201 et seq. defines life estates and attendant duties […]
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