Montana: Forcing a Surviving Spouse to Sell a House and Follow a Will
Detailed Answer Short answer: If the decedent’s will directs that real property be sold and the estate goes through probate in Montana, the personal representative (executor) can ask the probate court for authority to sell the house and deposit the sale proceeds into the estate for distribution according to the will. But the surviving spouse […]
Read article →Montana: How to Recover a Cash Bequest When an Executor Won’t Cooperate
Practical steps to recover a cash bequest when an executor refuses to cooperate Scope: General explanation under Montana law for an unpaid cash bequest from a sibling’s estate. Disclaimer: This is educational information only. It is not legal advice. Consult a licensed Montana attorney about your specific situation. Detailed Answer — what you can do […]
Read article →Filing a Notice to Creditors in Montana: Step-by-Step FAQ
How the Notice to Creditors Process Works in Montana Disclaimer: This is educational information only and not legal advice. Consult a licensed Montana attorney about your specific situation. Detailed Answer — Overview and step-by-step process A notice to creditors starts the formal process that tells people and businesses who may be owed money by a […]
Read article →Becoming the Personal Representative in Montana When the Named Executor Refuses
What to do when the person first named to handle a parent’s estate refuses to serve Disclaimer: This is educational information, not legal advice. Laws change. For guidance about a specific estate, consult a Montana probate attorney or the probate clerk at the county courthouse. Detailed answer — how appointment usually works in Montana If […]
Read article →Montana — Can Medicaid Claim a Deceased Parent’s Home and Can You Prevent It?
Detailed Answer — How Medicaid Estate Recovery and Property Claims Work in Montana Short answer: Under federal law, states generally must try to recover Medicaid costs for long‑term care from the estate of a deceased recipient. In Montana, the Department of Public Health and Human Services (DPHHS) administers that recovery. You cannot be forced while […]
Read article →Montana: Why an Inherited House May Not Be a Probate Asset — And Whether You Can Pay the Mortgage to Prevent Foreclosure
Why an inherited house may not be a probate asset, and whether you can make mortgage payments to avoid foreclosure State: Montana Short answer An inherited house is not a probate asset when ownership passes automatically at the decedent’s death through a nonprobate mechanism (for example, joint tenancy with right of survivorship, a properly recorded […]
Read article →Montana: Challenging a Sibling’s Use of a Deceased Parent’s Bank Account for Mortgage Payments
Can you stop a sibling from using your deceased parent’s bank account to pay a mortgage before an administrator is appointed? Short answer: Possibly — but your options and the quickest path depend on who lawfully owns the account, whether the sibling has legal authority, and how the bank treats access after death. You may […]
Read article →Montana: Forcing the Return of Sentimental Items from a Sibling During Probate
Detailed Answer Short answer: Yes — in many situations you can force the return of sentimental personal property taken by a sibling during probate in Montana, but the right path depends on who legally owns the items, whether the items are part of the estate, and whether a personal representative (executor/administrator) has already been appointed. […]
Read article →Montana: Do You Have to Post a Bond to Serve as Administrator (Intestate)?
Do you have to post a bond to serve as administrator when there’s no will in Montana? FAQ-style explanation of Montana probate bond rules for intestate (no-will) estates. This is informational only and not legal advice. Quick answer In Montana the court ordinarily requires a personal representative (administrator) to post a bond to protect the […]
Read article →Montana: Enforcing or Disputing an Oral Agreement Dividing Wrongful-Death Proceeds
Can you enforce or dispute an oral agreement dividing wrongful death proceeds in Montana? Short answer: Possibly — but enforcing or disputing an oral agreement about splitting wrongful-death proceeds is often complicated. Who signed the agreement, who had authority to settle the claim, what paperwork exists, and whether a court already approved a distribution all […]
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