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Montana Probate Questions & Answers
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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