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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
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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 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
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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?

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James L. Arrasmith
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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
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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?

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