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Where can I find free legal advice on montana intestate issues ?


there are four brothers. My mother died intestate leaving a house and mineral rights. what things can a
devious brother do as personal representative if no probate and
within probate.

I am sure you mean "problems" rather than "issues". If you are going to win a case you first have to use the language of the law and courts Using the wrong words can loose you a case quicker than anything. Why? because you have to be absolutely clear to everyone just exactly what you mean. Just look up the words issue and problem in Websters and you will find they have completely different meanings. Bye the way, Websters dictionary is the one used in courts. Now to answer your question, sorry to hear about your mothers demise. If she has died without leaving a will and I assume that your father is also dead, then her estate will be divided between her children. If she had any from a previous marriage, they too would be beneficiaries. I am a lawyer so my advise to you is get yourself a lawyer as quick as you can before assets start to disappear. If there is one brother in conflict with the rest of you, then those others should go together. This has to be done properly and as by the laws of your state. Do not think for one moment that you brothers can just divide the estate up as you feel like it. There will be some tax to pay, unless the estate is very small and then there will be outstanding bills, the bank accounts of your mother will be frozen and they need to be released. What about the house, did she own it free and clear or is there an outstanding mortgage on it. I could go on but you get the picture, it is not easy when there is a will but it can and does get very messy when there is not a will. Get proper legal advise, it will be cheaper in the long run.

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