Legal Question in Wills and Trusts in Montana

Brother wants it all

My father died in 1983. At the time of death he had set up a trust. In the thrust was a peice of property in an industrial park in Montana. The Trust divided all assets between my mother, and 5 children to be held in trust untill her death. Mother died in 1998. At the time of her death, the land in Montana was deeded to all 5 children. Now a brother has come forward saying this land is his. He has supplied documentation showing he purchaed the land in 1979 BUT, he then deeded the land to a sister, she reconveyed it back to him in 1981, he then deeded the land to another sister and her husband, when they divorced, the now ex husband deeded the land to my sister and then still living father. Upon my fathers death, my sister executed a quitclaim deed placing the land in my fathers trust. My sister says that my father originally paid for the land and placed it in my brothers name only for tax purposes. My brother is now threatening to sue, in Montana to get HIS land back.The 5 children live either in Alabama or Florida with one living in Hawaii. First does he have a leg to stand on and second can he make us travel to Montana to defend our claim? In 23 years, he has never paid one cent towards taxes, even after our mothers death.


Asked on 11/07/06, 11:49 am

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

Re: Brother wants it all

First, all disputes over land are held in the county and state where the land is located, so yes, you will need to hire a Montana attorney to help you with this.

Second, your brother's claim doesn't sound all too strong, being as he can't show any "incidences" of ownership, so I think you stand a shot at winning this case.

Third, if you need a referral to a Montana attorney, please let me know the county where the land is located and if possible, the nearest town to the land.

Good luck!

William G. Nolan

www.NolanElderlaw.com

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Answered on 11/07/06, 12:26 pm


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