My Father passed away without a will in Montana, however he owned mineral rights in North Dakota. In the orginal court documents I was stated as the sole heir since I am an only child. Now I am being told by the personal representatives ( my fathers sisters) that my son is also considered an heir and the estate needs to be divided 50/50. I objected to this because from everything I have read according to the laws of intestate succession the only way my son would be an heir is if I had already passed. I love my son and want him to be provided for however I dont feel he is responsible enough at this time to handle this money. He will receive the minerals when I pass and I am ok with that. The family has stated that if I dont go along with this they will drag this out in court for years to come. The mineral rights are undivided and are owned by several family members. My question is can they do this? Are they right or am I. The attorney hired for the estate has been of no help to me.
Candace:
Where is your attorney located? I would utilize the assistence of estate attrorney in either MT or ND, who is knowledgeable in oil and gas matters.
The attorney is located in North Dakota. She was hired by the personal representatives. She has been of no help to me. I have sent her numerous emails expressing my concerns and she will not respond. In the beginning of the probate process she was more than happy to communicate with me until I questioned her about a serious mistake on the personal representatives deed.
charles s mallory said:
Candace:
Where is your attorney located? I would utilize the assistence of estate attrorney in either MT or ND, who is knowledgeable in oil and gas matters.
Candace,
It's time for you to find a new attorney that will look out for 'YOUR' interests. Period.
Clint
My main question is are both the children and the grandchildren heirs in intestate succession in Montana? If anyone knows the answer to this I would appreciate a response. I was under the impression that the grandchildren are only heirs if their parent is deceased.
Candace Hodges said:
The attorney is located in North Dakota. She was hired by the personal representatives. She has been of no help to me. I have sent her numerous emails expressing my concerns and she will not respond. In the beginning of the probate process she was more than happy to communicate with me until I questioned her about a serious mistake on the personal representatives deed.
charles s mallory said:Candace:
Where is your attorney located? I would utilize the assistence of estate attrorney in either MT or ND, who is knowledgeable in oil and gas matters.
There is something missing here...I am unaware of any State that has a 50/50 split between the generations in an intestate probate...I almost am tempted to say I'm certain there are none.
Are you certain there wasn't a will? Did you son promise the other family members that he would sell them his share of the minerals once he got them? Does the estate attorney still have a license to practice law?
Another question is...Why aren't you the personal rep? It is more than common for the closest relative to be assigned as PR in an intestate probate.
Candace:
I'm sorry that I can't answer your question regarding heirs, but I know of an individual in Culberson, MT that will know the answer and could assist you in your matter. Her name is Laura Christoffersen (Christoffersen Law Firm). She helped me on two occasions regarding the inheritence of minerals in MT and she was prompt and her rates were very reasonable. The phone # is (406) 787-5700. Good luck in resolving your problem.
Candace Hodges said:
My main question is are both the children and the grandchildren heirs in intestate succession in Montana? If anyone knows the answer to this I would appreciate a response. I was under the impression that the grandchildren are only heirs if their parent is deceased.
Candace Hodges said:The attorney is located in North Dakota. She was hired by the personal representatives. She has been of no help to me. I have sent her numerous emails expressing my concerns and she will not respond. In the beginning of the probate process she was more than happy to communicate with me until I questioned her about a serious mistake on the personal representatives deed.
charles s mallory said:Candace:
Where is your attorney located? I would utilize the assistence of estate attrorney in either MT or ND, who is knowledgeable in oil and gas matters.
Thank you for your quick responses and advise. There was not a will and as far as the personal representatives go as much as I hate to admit this I elected them to oversee the estate because they live in ND. and they had more experience and knowledge with mineral rights than myself. What a huge mistake that turned out to be. I actually thought they would look out for my best interest. I have found out this family is very spiteful and vindictive.
What happened in the Montana probate? They will...or should do that one first...and then open an ancillary probate in ND before closing the Montana probate...much quicker and cheaper way to go.
In Montana....if your father died and was not survived by his spouse....if you are the only child your father ever had....if your son is your son......you take 100%. Your son gets nothing according to Montana's intestate succession.
Thank you Andrew. You just confirmed what I had thought was correct all along. Time for a new attorney!
Andrew Babcock said:
In Montana....if your father died and was not survived by his spouse....if you are the only child your father ever had....if your son is your son......you take 100%. Your son gets nothing according to Montana's intestate succession.
In North Dakota...........the same thing as Montana as it is relevant to your situation. Something is very wrong Candace if anyone is telling you different. If your son was the son of any of your brother's or sister's then he would in fact be entitled to 50% through representation. (meaning he takes the share that your deceased brother or sister would have received.)
No practicing family law attorney, or estate attorney, or probate attorney, in ND or MT, is going to tell you that your biological son is entitled to 50% of your father's minerals in this intestate probate.
Keep in mind that the attorney represents the estate and the personal rep is running the estate.
You should contact the estate attorney and pleasantly inquire as to the reason your son is being considered an heir.....document response of course......
You don't have the authority to fire this attorney because like I said, they are not representing you, you are not the client.
I do realize that I cannot fire the attorney. What I meant was I think I need to hire my own attorney to look into this. I have been pleasant and very patient up to this point and I have inquired as to why my son is considered an heir with no response.