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Probate And Inheritance Concerns
Summary
In Montana, if a person dies intestate, their estate is distributed according to state law. If a deceased individual is considered a non-survivor of another estate, their share may pass to their heirs. A will created in one state is generally valid in another if it complies with the original states laws. However, the probate process will follow the laws of the state where it is filed. Jurisdiction typically lies with the state where the deceased was a resident at the time of death. Consulting a local probate attorney can provide specific guidance on contesting wills, elective shares, and jurisdictional issues.Full Conversation
I have a probate trial coming up.
Hey ****! Could you tell me a bit more about the probate trial? For example, are you contesting a will, or is there another specific issue you're dealing with? This will help me provide more specific information.
Yes i have a 5yr old daughter and her father passed away 2yrs ago from alcholic corissis and in another state he left a will naming my daughter but leaving %* to older daughter shes *
Hey ****! It sounds like you're dealing with a complex probate issue. Are you looking to contest the will based on the belief that your *-year-old daughter should have been left something, or is there another specific concern you have regarding the probate process?
Yes ny daughter and i live in the house that remains in his mothers name because he never probated her estate when she died 10yrs ago.can he include this house as owned property in his will and then my daughter and i will be thrown out eveb though we lived here for 8yrs and shes his minor child now with no father
Case Rating: *
Hi ****! Here are some general points regarding your situation in Montana:
- Since the house remains in the deceased mother's name, it technically belongs to her estate.
- Your partner could not legally include it in his will as his own property.
- You may need to initiate probate for the mother's estate to clarify ownership.
Would you like more specific guidance on how to proceed with the probate of the mother's estate?
Hi ****! Here are some general points regarding your situation in Montana:
- Since the house remains in the deceased mother's name, it technically belongs to her estate.
- Your partner could not legally include it in his will as his own property.
- You may need to initiate probate for the mother's estate to clarify ownership.
Would you like more specific guidance on how to proceed with the probate of the mother's estate?
The mothers estate was filed in probate court 2 months after his estate was filed in probate and she had no will my question is since hers was filed after his and she was intestate would that then make him a non survouir of her estate since he was dead when her estate was filed with the court and well passed the 3yr limit in montana to file after a person dies
Case Rating: *
In Montana, if someone dies intestate (without a will), the estate is distributed according to state law. If your partner passed away before his mother's estate was filed, he would be considered a non-survivor. Therefore, his share of the estate would not pass to him but might instead go to his heirs, which could include your daughter.
Would you like more specific guidance on how to proceed with the probate of the mother's estate?
In Montana, if someone dies intestate (without a will), the estate is distributed according to state law. If your partner passed away before his mother's estate was filed, he would be considered a non-survivor. Therefore, his share of the estate would not pass to him but might instead go to his heirs, which could include your daughter.
Would you like more specific guidance on how to proceed with the probate of the mother's estate?
Could you maybe give me something from montana law statues that state what u just said
Case Rating: *
Hey ****! Here are some relevant Montana statutes that might help clarify your situation:
- Montana Code Annotated (MCA) § *-*-*: This outlines how estates are distributed when someone dies intestate (without a will).
- MCA § *-*-*: This provides information on the administration of estates and the process for probate.
If you need more detailed guidance, consulting with a local probate attorney could be beneficial.
Hey ****! Here are some relevant Montana statutes that might help clarify your situation:
- Montana Code Annotated (MCA) § *-*-*: This outlines how estates are distributed when someone dies intestate (without a will).
- MCA § *-*-*: This provides information on the administration of estates and the process for probate.
If you need more detailed guidance, consulting with a local probate attorney could be beneficial.
Yes but nothing that says he would then be considered a non survior
Case Rating: *
Hey ****! To clarify, Montana law follows the Uniform Probate Code, which generally states that when someone passes away before the estate of another person from whom they would have inherited is filed, they are considered a non-survivor. This means your partner would not inherit from his mother, and his share might pass to his heirs, including your daughter.
Would you like more detailed guidance from a local probate attorney on this issue?
Hey ****! To clarify, Montana law follows the Uniform Probate Code, which generally states that when someone passes away before the estate of another person from whom they would have inherited is filed, they are considered a non-survivor. This means your partner would not inherit from his mother, and his share might pass to his heirs, including your daughter.
Would you like more detailed guidance from a local probate attorney on this issue?
Yes
Case Rating: *
Hey ****! It sounds like your case has some complexities that might require detailed legal guidance. Would you like to be connected to local lawyers who can better assist you with your case?
If you agree, I'll need to gather some information. What is your phone number?
Hey ****! It sounds like your case has some complexities that might require detailed legal guidance. Would you like to be connected to local lawyers who can better assist you with your case?
If you agree, I'll need to gather some information. What is your phone number?
*
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case? If you agree, I'll need to gather some information. What is your name?
Would you like to be connected to local lawyers who can better assist you with your case? If you agree, I'll need to gather some information. What is your name?
**** foos
Case Rating: *
Great, ****! Could you please provide your zip code?
Great, ****! Could you please provide your zip code?
*
Case Rating: *
Thank you, ****. Could you please provide your email address? This is optional but can be helpful for follow-up.
Thank you, ****. Could you please provide your email address? This is optional but can be helpful for follow-up.
Bodeyfoos77@gmail.com
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly.
For your records below is the information I gathered
Name: **** Foos
Email: Bodeyfoos77@gmail.com
Phone: *
Zipcode: *
Reason: Probate issue involving a contested will and estate inheritance.
From: FreeLawChatAi
Is there anything else I can help you with?
No.thank you very much
Case Rating: *
Hey ****! Seems like you have everything you need sorted out. If you have any more questions in the future, feel free to reach out. Best of luck with your probate case!
Hey ****! Seems like you have everything you need sorted out. If you have any more questions in the future, feel free to reach out. Best of luck with your probate case!
Qactually..i do have one more question can he include in his will all present and future vestments he mave have and leave all that to his adult child and leaving nothing to his minor child or her future
Case Rating: *
Hey ****! Here are some general points regarding your question:
- In Montana, a person can generally include all present and future assets in their will.
- However, the will must comply with state laws, including provisions regarding the elective share, which may protect a minor child's inheritance.
- It's advisable to consult with a local probate attorney for specifics.
Would you like to be connected to a local lawyer to discuss this further?
Hey ****! Here are some general points regarding your question:
- In Montana, a person can generally include all present and future assets in their will.
- However, the will must comply with state laws, including provisions regarding the elective share, which may protect a minor child's inheritance.
- It's advisable to consult with a local probate attorney for specifics.
Would you like to be connected to a local lawyer to discuss this further?
No thanks they dont have any answers either..because this probate case nobody could have ever imagined it or set laws that would even almost come close to
Case Rating: *
Hey ****, it looks like your situation is indeed quite complex. Here’s some general guidance:
- Elective Share: Under Montana law, a surviving spouse and sometimes children are entitled to a share of the estate, regardless of the will.
- Future Assets: They can be included in a will, but must be clearly defined.
Would you like any more specific information on these points?
Hey ****, it looks like your situation is indeed quite complex. Here’s some general guidance:
- Elective Share: Under Montana law, a surviving spouse and sometimes children are entitled to a share of the estate, regardless of the will.
- Future Assets: They can be included in a will, but must be clearly defined.
Would you like any more specific information on these points?
Thats just it he married his ex * weeks before creating this will 13 months before his death
Case Rating: *
Hey ****! This situation does indeed sound complex. Here are a few points to consider:
- Elective Share: Montana law provides an elective share for spouses, which might affect the distribution of the estate.
- Undue Influence: Given the close timing of the marriage and the will creation, there could be grounds to contest the will based on undue influence or lack of capacity.
Would you like more specific information on contesting the will under these circumstances?
Hey ****! This situation does indeed sound complex. Here are a few points to consider:
- Elective Share: Montana law provides an elective share for spouses, which might affect the distribution of the estate.
- Undue Influence: Given the close timing of the marriage and the will creation, there could be grounds to contest the will based on undue influence or lack of capacity.
Would you like more specific information on contesting the will under these circumstances?
Yes i would
Case Rating: *
Hey ****! Here are a few steps to consider:
- Elective Share: Montana law allows a surviving spouse to claim an elective share if they feel they were unfairly left out of the will.
- Undue Influence: This could be relevant due to the close timing of marriage and will creation. Contesting on these grounds may be possible.
Would you like more detailed guidance on how to proceed with contesting the will?
Hey ****! Here are a few steps to consider:
- Elective Share: Montana law allows a surviving spouse to claim an elective share if they feel they were unfairly left out of the will.
- Undue Influence: This could be relevant due to the close timing of marriage and will creation. Contesting on these grounds may be possible.
Would you like more detailed guidance on how to proceed with contesting the will?
Also does montana require if your leaving property or potentional property in a will does the property have to be specificly mentenied and lot description in as well along with paperwork
Case Rating: *
Hey ****! Here are some general points regarding leaving property in a will in Montana:
- Montana law doesn’t require specific mention of property with lot descriptions in a will.
- It's advisable to describe the property clearly to avoid disputes.
- Ensure the will is properly executed to be legally binding.
Would you like more specific information on how to properly execute a will in Montana?
Hey ****! Here are some general points regarding leaving property in a will in Montana:
- Montana law doesn’t require specific mention of property with lot descriptions in a will.
- It's advisable to describe the property clearly to avoid disputes.
- Ensure the will is properly executed to be legally binding.
Would you like more specific information on how to properly execute a will in Montana?
But it was created and witnessed in idaho but filed in montana
Case Rating: *
Hey ****! Since the will was created and witnessed in Idaho but filed in Montana, it might be subject to both states' laws. Here are some general points:
- Validity: A will created in one state is typically valid in another if it complies with the laws of the state where it was created.
- Filing: The probate process will follow Montana laws since it was filed there.
Would you like more detailed guidance on how the laws of both states might affect the probate process?
Hey ****! Since the will was created and witnessed in Idaho but filed in Montana, it might be subject to both states' laws. Here are some general points:
- Validity: A will created in one state is typically valid in another if it complies with the laws of the state where it was created.
- Filing: The probate process will follow Montana laws since it was filed there.
Would you like more detailed guidance on how the laws of both states might affect the probate process?
Yes please
Case Rating: *
Hey ****! Here are some points to consider:
- Validity of Will: A will validly executed in one state (Idaho) is usually recognized in another state (Montana) if it meets the legal requirements of the state where it was created.
- Probate Process: Since the probate is filed in Montana, Montana laws will primarily govern the probate process.
Would you like more specific details on how to navigate the probate process under these circumstances?
Hey ****! Here are some points to consider:
- Validity of Will: A will validly executed in one state (Idaho) is usually recognized in another state (Montana) if it meets the legal requirements of the state where it was created.
- Probate Process: Since the probate is filed in Montana, Montana laws will primarily govern the probate process.
Would you like more specific details on how to navigate the probate process under these circumstances?
But he died in idaho.doesnt idaho say because he resided there got married there and died there that idaho should of had jursiduction over this
Case Rating: *
Hey ****! Here’s some general guidance:
- Primary Residence: Typically, the state where the deceased was a resident at the time of death (Idaho) would have jurisdiction over the probate.
- Filing in Another State: If the will was filed in Montana, it could lead to a jurisdictional issue. Montana law will generally apply if the probate court accepts the case.
Would you like more specific guidance on how to address this jurisdictional issue in the probate process?
Hey ****! Here’s some general guidance:
- Primary Residence: Typically, the state where the deceased was a resident at the time of death (Idaho) would have jurisdiction over the probate.
- Filing in Another State: If the will was filed in Montana, it could lead to a jurisdictional issue. Montana law will generally apply if the probate court accepts the case.
Would you like more specific guidance on how to address this jurisdictional issue in the probate process?
No thanks
Case Rating: *
Hey ****, it sounds like you've got a pretty complex situation on your hands. If you need more help in the future, feel free to reach out. Best of luck with everything!
Hey ****, it sounds like you've got a pretty complex situation on your hands. If you need more help in the future, feel free to reach out. Best of luck with everything!
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