WILL & TRUTS & ESTATE DISPUTES
Experienced Montana estate dispute attorney
Protecting your rights in will, trust, and probate disputes
Many estates involve substantial assets, and as a Montana estate dispute attorney, I’ve seen how substantial assets can lead to substantial conflicts. When something that should come to you is at risk, you need an experienced estate dispute attorney to protect your interests. I focus on contested matters involving wills, trusts, and estates.
I don’t prepare estate plans or handle routine probates. My work as an estate dispute attorney begins when something has gone wrong—or looks like it might.
I represent clients across Montana in estate disputes and probate litigation.
My approach and experience
I emphasize direct, unhurried communications with my clients. I listen carefully to my clients to understand what has happened and what they want. Sometimes, when someone knows you have retained an experienced estate dispute attorney to defend your rights, your dispute can be resolved without litigation.
For more than twenty years, I’ve litigated cases in Montana courts and argued appeals before the Montana Supreme Court and the Ninth Circuit.
Will Dispute in Montana? Contact an experienced estate litigation lawyer
In this video, I explain why you need specialized legal representation when estate conflicts arise and how I approach protecting your inheritance.
I discuss critical issues including:
- Inheritance hijacking – Recognizing when assets are being wrongfully diverted;
- Will & estate disputes– Navigating the complexities of contested probate;
- Fiduciary breaches – Holding personal representatives accountable for self-dealing or mismanagement;
- Breach of trust – Challenging the improper actions of a trustee to protect your interests;
- The importance of experienced representation – How having a determined attorney protects your interests;
- Your path forward – Understanding your options when facing contested matters.
Why you need an estate dispute attorney?
In this video, I explain why you need specialized legal representation when estate conflicts arise and how I approach protecting your inheritance.
I discuss critical issues including:
- Inheritance hijacking – Recognizing when assets are being wrongfully diverted;
- Will & estate disputes– Navigating the complexities of contested probate;
- Fiduciary breaches – Holding personal representatives accountable for self-dealing or mismanagement;
- Breach of trust – Challenging the improper actions of a trustee to protect your interests;
- The importance of experienced representation – How having a determined attorney protects your interests;
- Your path forward – Understanding your options when facing contested matters.
Common Montana estate disputes I handle
As a Montana estate dispute attorney, I see that estate disputes take many different forms. I handle Montana will contests, personal representative and trustee removals, and other disputed matters. Common disputes I see include:
● Disputes about the meaning of a will or trust – When language is unclear or family members disagree about what the decedent intended
● Claims that a personal representative has mishandled an estate – Stealing assets, failing to distribute property, and making poor decisions are some of the ways a personal representative may mishandle an estate.
● Claims that a trustee has mismanaged a trust – Poor investments, self-dealing, and refusing to make distributions are some of the ways a trustee may mishandle a trust.
● Breaches of fiduciary duty – When trustees or personal representatives put their own interests ahead of beneficiaries
Whatever the nature of your estate dispute, you should have an experienced estate dispute attorney who knows Montana law and will fight to protect your rights.
Common questions about will, trust, and probate disputes
Will contests
Generally, yes, but only certain people with legal standing can contest a will, and there are strict time limits in which they can bring claims. Montana law has specific grounds for challenging a will, such as lack of capacity, undue influence, or improper execution.
Spouses, children, other heirs, creditors, and sometimes beneficiaries named in previous wills may have standing to make claims. Who can make a claim will turn upon the specific circumstances under Montana law.
You should consider an attorney whose experience and practice emphasize estate disputes and litigation, not general estate planning. Will contests demand specific knowledge of litigation and court procedures.
Montana has strict deadlines for contesting wills. The exact time frame will depend upon your specific situation.
Common grounds include lack of mental capacity when a will was signed, undue influence by someone who benefited under a will, improper execution of a will, and fraud. Each case requires specific competent evidence to support the challenge.
Contests must be filed in a Montana court with proper legal documentation and evidence. The process involves formal court filings and may include motions, discovery, and a hearing or trial. Experienced legal representation can help greatly with this complex process.
Dying without a will
When someone dies without a will in Montana, their property passes according to Montana intestacy laws. A surviving spouse and children may inherit, but the exact distribution may depend upon considerations such as the relationship between the decedent and the survivors and the kinds of property involved.
As the surviving spouse, you have rights under Montana law, but you may have to litigate and prove your claims in court.
A child’s inheritance rights may depend in part upon whether there’s a surviving spouse and how many other children there are. Montana’s intestacy laws have specific rules for dividing assets among eligible family members in the absence of a will.
Montana’s intestacy statutes determine who inherits when someone dies without a valid will. The law prioritizes survivors in a specific order.
Personal representative issues
Ordinarily, a personal representative should follow a will’s terms and Montana law. If they don’t, beneficiaries may petition the court for an accounting; in certain circumstances, seek the personal representative’s removal; or bring claims for damages caused by a personal representative’s breach of duties to beneficiaries. These are some of the actions that are potentially available.
No, personal representatives cannot unilaterally change or modify a will. Their job is to carry out the will’s instructions as written and in accord with Montana law. A person who makes a will can change it while they’re alive and mentally competent.
You may petition a Montana court and show cause why the personal representative should be removed for grounds such as misconduct, conflicts of interest, or failure to perform duties. The court will normally hold a hearing before deciding whether to remove a personal representative.
When there’s no will, the personal representative must distribute assets according to Montana’s intestacy laws, not their personal preferences.
Montana has time limits for bringing claims against personal representatives, but the deadlines may vary depending upon the nature of the claim and the underlying facts. Acting quickly is important to preserve your rights.
Family inheritance disputes
When siblings inherit property together and can’t agree, one sibling may be allowed to file a partition action in court to force a sale or partition of the property. The court may order the partition or sale of the property, and the distribution of proceeds, even if a sibling objects.
Your brother could potentially challenge your inheritance if he believes he has legal grounds, such as claiming the will was invalid or that you exercised undue influence. Whether he has a valid case depends on the specific circumstances.
If someone wrongfully takes assets that should have come to you, then you should have legal claims for relief. The precise nature of those claims will depend upon the particular facts of your situation.
Generally, only people with legal standing can contest a will. Persons with standing may include surviving spouses, children, and other persons who would inherit under Montana law if there were no will. Being left out of a will doesn’t automatically give you standing to contest a will, however.
A child who was completely disinherited may be able to contest the will under certain circumstances, such as if they can prove lack of capacity, undue influence, or that they were accidentally omitted. Each situation is fact-specific.
Nieces and nephews typically have limited standing to contest a will unless they would inherit under Montana law if there were no will.
Trust issues
When the person who created the trust dies, the successor trustee (or in her absence, the trust beneficiaries) may take over trust management. A trustee must follow the trust terms, manage assets properly, make required distributions, and provide an accounting to beneficiaries as specified in the trust or required under Montana law.
An irrevocable trust may terminate according to Montana law, for example when its purposes are fulfilled, all assets are distributed, and all obligations are met. Termination may require final accountings, tax filings, and court approval: the particular requirements may depend upon the trust terms, what has been done with trust assets, and Montana law.
Dissolving an irrevocable trust may require either unanimous consent of all beneficiaries or court approval, for example because the trust’s purposes are fulfilled or because of changed circumstances that make the trust’s purposes impossible or impractical to fulfill.
Yes, as a beneficiary you may be able to sue trustees on such grounds as breach of fiduciary duty, mismanagement of trust assets, self-dealing, failure to account, or other violations of their duties. Trustees have strict legal obligations to beneficiaries.
Personal representatives dealing with unreasonable or harassing beneficiaries may need court guidance. Although beneficiaries have rights to information and accountings, those rights do not include harassment or unreasonable demands.
Why experience matters in estate disputes
Not every attorney handles estate disputes effectively. Estate litigation requires specific knowledge of probate law, fiduciary duties, and Montana’s statutory requirements. When you’re facing a contested will or trust dispute, you need an experienced estate dispute attorney who understands these complexities.
I’ve spent over two decades handling estate disputes in Montana courts. This experience matters when dealing with opposing counsel, judges, and complex family dynamics.
Many attorneys handle estate disputes as a small part of their general practice. I handle them as my primary focus.
When substantial assets or family relationships are at stake, you need an estate dispute attorney who has seen these situations before. Someone who knows how to protect what should come to you.
Experienced Bozeman, Montana civil litigator
I’ve handled civil litigation cases in Montana for over two decades. I clerked for the Montana Supreme Court, served as a public defender, and spent six years at a nationally recognized litigation firm before founding my own firm in Bozeman in 2008.
Since then, I’ve focused on real estate, trust, and estate disputes.
I don’t offer free consultations. I charge a fee to review your documents and provide a thoughtful analysis of your case and your options. That lets me give you useful advice—right from the start.
Take the first step toward protecting what’s yours
If you have a dispute about a will, trust, or estate in Montana, please contact me. As an experienced estate dispute attorney, I have the skill and experience handling complex will, trust, and estate disputes.
Protect Your Rights Today
The sooner you address these issues, the better your chances for favorable resolution.
CD MEYER LAW FIRM, PLLC
1 East Main, Suite 203
Bozeman, Montana 59771
Please send correspondence to:
P.O. Box 1172, Bozeman, Montana 59771