Legal Question in Real Estate Law in Montana

Grandmothers Will

Granmother passed away over 20 months ago. She did not leave a will and the state took over the land and property. Grandmother was very wealthy. What is the right of the daughter.

Asked on 3/06/08, 12:14 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Grandmothers Will

If there is no will property passes by intestacy. The daughter and/or any other person interested in the estate will have to open a probate proceeding in the county and state in which she resided. If there is real estate in a different state, probate will have to be opened there as well.

The daughter should contact a probate lawyer. The legal fees will be paid from the estate and can only be paid when approved by the court.

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Answered on 3/06/08, 1:05 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Grandmothers Will

I would add to Mr. Roth's advice that she should act quickly. Only a Montana-licensed attorney would be qualified to say what deadlines such as statutes of limitations may become problems, or when, but a delay exceeding 20 months and the information that the state has taken over the land and property is troublesome. There might be, for example, some loss of rights after 24 months. The state takeover may be custodial only or it may be an escheat. I'd get on it right away!

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Answered on 3/06/08, 4:02 pm

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