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Montana Probate Questions & Answers
2 Answers | Asked in Probate and Estate Planning for Montana on
Q: Handling refund check for deceased sibling as executor and beneficiary

I received a refund check for capital credits made out to my deceased sibling. I am the executor of the estate and the sole beneficiary according to the will. Do I need to deposit this check into the estate account, or can I handle it directly as the beneficiary?

Dauna Kaye McPherson
Dauna Kaye McPherson
answered on Jun 8, 2025

Since the check is made out to your deceased sibling, it is legally considered part of their estate. As the executor of the estate, you are required to handle estate assets according to probate laws and the terms of the will.

Here’s what you should do:

1. Deposit the check into... View More

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1 Answer | Asked in Probate and Real Estate Law for Montana on
Q: Can I refuse ownership of an inherited trailer in a Livingston, Montana trailer park?

As the executor for my deceased brother's estate, I've inherited a condemnable trailer in a trailer park in Livingston, Montana. The trailer was disclaimed by the co-op that now owns the trailer park, and there is no debt associated with it. A contractor recommended condemning the... View More

James L. Arrasmith
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answered on Jun 12, 2025

Yes, you may be able to refuse ownership of the trailer, but you need to take formal steps to do so. As the executor, you’re responsible for managing your brother’s estate, but you are not personally obligated to accept property that has no value or poses a burden. If the trailer holds no... View More

1 Answer | Asked in Probate, Real Estate Law and Tax Law for Montana on
Q: Do I need to open an estate in Montana to transfer inherited mineral rights?

My mother, a PA resident, held mineral rights to a ranch in Montana. She passed away, and her will, which has been probated in Pennsylvania, stipulated that I inherit these mineral rights. I now wish to transfer my inherited mineral rights to my daughter. Do I need to open an estate in Montana for... View More

James L. Arrasmith
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answered on Jun 12, 2025

Yes, you will likely need to open an ancillary estate in Montana to legally transfer the mineral rights. Even though your mother’s estate was probated in Pennsylvania, real property—including mineral rights—is governed by the laws of the state where the property is located. Montana generally... View More

1 Answer | Asked in Probate and Native American Law for Montana on
Q: Do I need a lawyer for probate considering tribal laws in Montana?

I am involved in the probate process for my deceased mother's estate. I am Native American and I'm wondering if I need a lawyer for this process, especially considering any potential complications related to tribal laws. How can I check on the status of the probate, and what steps should... View More

James L. Arrasmith
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answered on Jun 12, 2025

This process can feel heavy, especially when you’re dealing with grief and trying to honor your mother’s legacy. Whether or not you need a lawyer depends on a few things—such as whether your mother’s estate included trust land, tribal enrollment, or property located within tribal... View More

1 Answer | Asked in Probate and Estate Planning for Montana on
Q: Concerned about probate handling by brother, the PR, after attorney stopped communication.

I haven't heard from my mother's estate attorney since June 3, 2024. My brother is the personal representative (PR), and we don't speak. The law firm informed me that they represent only my brother, and I am concerned that he might act greedily, as he previously convinced my mother... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you're dealing with this. It’s incredibly difficult to manage grief and worry at the same time, especially when trust is already broken between family members. You're right to be concerned when communication stops and things feel unclear—especially when it... View More

1 Answer | Asked in Probate, Estate Planning and Elder Law for Montana on
Q: Can my brother as personal rep override my trustee role?

I was originally listed as the executor of my mother's estate, and her elder law attorney indicated that probate might not be necessary, leading me not to enter the will into probate court initially. My brother later went to court and had himself appointed as the personal representative of the... View More

James L. Arrasmith
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answered on Apr 12, 2025

Your brother, as the personal representative, cannot override your role as trustee unless the trust document itself provides some authority for him to do so. The personal representative's role primarily involves managing the probate process and handling assets not included in the trust, while... View More

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Montana on
Q: My wife and I recently found a deed of full reconveyance signed by the beneficiary before he passed. Steps, probate, etc

Her mother has passed and with no living will the estate went to the next of kin. He has also passed. After his tragic death, his partner claimed common law. She has made verbal agreement to sign a quit claim deed, but has yet to do so. What steps in "order" to file probate, substitution... View More

Anthony M. Avery
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answered on Aug 28, 2023

You will have to hire a MO attorney to search the title, examine the deed (recorded or not), determine ownership, and decide if Probate litigation or your deed is helpful. Without recordation, deed is of no effect to the world, and the heirs may have already vested in title. Time is of the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Montana on
Q: if our parents died without a will, would the court order that their land be sold, or could my siblings and I decide

ourselves how to divide it?

Nina Whitehurst
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answered on Oct 30, 2019

It depends somewhat on whether the property must be sold to pay debts and the expenses of probate.

1 Answer | Asked in Probate for Montana on
Q: willing to pay when we win theres a bonus included who has no mercy Not about the money IT WILL NICE. NO FREE ATTORNEY.
Nina Whitehurst
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answered on Aug 16, 2019

It is rare for an attorney to take on a matter on a contingent fee basis outside of personal injury and class action cases.

1 Answer | Asked in Probate for Montana on
Q: Have either left a message via voicemail/email havent heard back from any attorney, afraid I could loose a great of mone
Nina Whitehurst
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answered on Aug 15, 2019

Keep trying until you find an attorney. Remember, however, that attorneys in private practice do not work for free. If you offer to pay a normal consultation fee, and normal hourly rates after that, you might meet with more success. Same as hiring an electrician. If you are poor, you might... View More

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