Montana Probate Legal Questions

If you have a written contract and are due payment file a verified copy of the contract and evidence of whatever limited payment there has been with a notarized affidavit saying that all offsets (for room and board, etc.) have been taken. If you have no written contract, hire a civil litigator experienced in employment law to sue for payment "in quantum meruit," based on the services which you can prove you have rendered.... Read More

Your father has the right to decide whether to grant a Durable Power of Attorney or not.  Your father has the right to decide whether to write a Will or not.  If he dies without a Will, his estate will owe the unpaid federal income taxes and any other debts and must pay them before distributing anything, such as net proceeds from the sale of the house, to his heirs.... Read More

First, you need to get someone appointed as personal representative of your brother's estate.  It sounds like your mother probably has priority to be appointed as the closest heir, and then each of the siblings has equal priority.  The probate court has forms for someone with priority to "renounce" - they waive their right to appointment and can agree to someone's else's appointment.  If you all agree who should be appointed, that person can file and everyone else can provide signed renunciations.   If all heirs agree, your brother's estate can be settled however they agree.  Once a personal representative is appointed, you can put the agreement in writing and have your mother and all children sign it.  This is assuming that your brother does not have children, who would also be heirs, and that your father is not living.  Another option is to have your mother sign a "disclaimer" stating that she does not want the inheritance.  She may want to consult with a tax or elder law attorney as refusing an inheritance can have tax and Medicaid nursing home assistance consequences.  ... Read More

If your mother only signed it but did not write it, it probably would not be recognized by the court as a valid Will.  You could present it as evidence of her last wishes however.  If there is no valid Will, the laws of intestacy apply.  Take a look at the Montana laws to determine whether the result would be the same, in which case it would not be necessary to try to get this writing recognized by the probate court. ... Read More