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Montana Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Montana on
Q: Can someone tell me where to procure a letter to a homeowner that I will be paying the property tax that is delinquent s

I need to get the assignment underway or my parents who died without a will may be in jeopardy of a tax lien sale.

James L. Arrasmith
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answered on Mar 8, 2024

To address delinquent property taxes and prevent a tax lien sale, especially in a situation involving inherited property from parents who passed away without a will, it's crucial to act quickly and efficiently. Crafting a letter to the homeowner, or in this case, to the relevant tax authority... View More

2 Answers | Asked in Real Estate Law and Construction Law for Montana on
Q: I did work on a commercial property. Owner is not paying

Owner took out a loan on his personal residence to help pay for the construction on commercial property. Can I lien the home as well as the commercial property?

Anthony M. Avery
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answered on Sep 20, 2023

You will need a MT attorney on this. Your materialman's lien would be filed only against the work you did on the commercial property. However you might be able to file the M & M Lien, then sue the customer for breach of contract. However defendant will argue you that an election of... View More

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2 Answers | Asked in Real Estate Law and Construction Law for Montana on
Q: I did work on a commercial property. Owner is not paying

Owner took out a loan on his personal residence to help pay for the construction on commercial property. Can I lien the home as well as the commercial property?

T. Augustus Claus
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answered on Sep 20, 2023

n Montana, mechanics' liens are primarily placed on the property where the work was performed or materials supplied. If you worked on a commercial property, you can place a lien on that property if unpaid. The fact that the owner used a loan from his personal residence to fund the commercial... View More

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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 Real Estate Law for Montana on
Q: My dad and stepmom bought land in 1978 with her sister and brother in law. 10 acres apiece. They have all passed now, so

how do I get my dad's half of the land in my name? He did not have a will, just a power of attorney, listing me as the agent if my stepmom was incapable. This is in Montana.

Anthony M. Avery
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answered on Nov 15, 2023

Hire a MT attorney to search the title and determine heirship. Hopefully a recorded Affidavit of Heirship will be your source of title. Someone has to pay taxes.

1 Answer | Asked in Consumer Law and Real Estate Law for Montana on
Q: Am I understanding the “Modification of Protective Covenants” correctly?

The covenants for our subdivision state: “these protective covenants shall be binding upon all persons owning land in the subdivision. They shall be modifiable by a 2/3 vote of a majority of the owners of lots in the subdivision (one vote per lot).”

There are owners that own up to 3 or... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

It most likely means 21 lots must vote in favor.

Owners with more than a single lot can cast one vote per lot they own.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Montana on
Q: 6 siblings inherited land. 5 of 6 want to sell. Do all need to agree to sell or majority rule?

The 6th said he would purchase our shares but it would be at an incredibly low price

Anthony M. Avery
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answered on Oct 26, 2022

You may need to file suit for a Sale For Partition.

1 Answer | Asked in Real Estate Law for Montana on
Q: How can i buy an abandoned house from a person who is deceased

My aunts bf died 3 years ago and the house has been abandoned since then no one has claimed ownership and 3 years of taxes are owed. It is in montana and i am wanting to know how i could go about buying the house

Anthony M. Avery
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answered on Jan 4, 2021

Hire a competent MT attorney to search the Title, determine Heirship, and draft/record an Affidavit of Heirship. That will be your Source of Title but you will have to pay sufficient money to the Heirs to get their Deed. Or you might check when the Tax Sale will be. A possible successful bid... 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.

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