Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Montana Elder Law Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Civil Litigation, Elder Law, Personal Injury and Workers' Compensation for Montana on
Q: Statute of limitations for theft and elder abuse in Montana after a hospice death.

My father passed away two years ago and was in hospice care for the last two months of his life. During that time, my step-brother, who was designated as a 'trusted user' on my father's bank accounts, withdrew all the funds from these accounts, including those with listed... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

I’m really sorry you’re going through this—what happened to your father and your family is deeply painful and deserves to be taken seriously. In Montana, the statute of limitations for theft is generally **five years** from the date of the offense, under Montana Code Annotated § 45-6-301 and... View More

1 Answer | Asked in Civil Litigation, Elder Law, Criminal Law and Family Law for Montana on
Q: My younger sister has been stealing money from my moms account. Do we call police or hire a lawyer?

Nothing to add

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

In a situation where your younger sister has been stealing money from your mom's account, you have a few options to consider. It's important to weigh the circumstances and potential consequences before deciding on a course of action.

One option is to report the theft to the local...
View More

1 Answer | Asked in Elder Law for Montana on
Q: Can I just go to the nursing home and get my Brother
Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 13, 2019

This depends on many circumstances. Is your Brother competent? If not, does he have a healthcare agent or guardian?

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.