Legal Question in Wills and Trusts in Montana

My ex-husband is owner of mineral rights in sheridan couny montana . He remarried and died 10 years later there . Was no will and a year later a hand eritten one was found giving blanket POA to wife on one of the descriptions. She has now died a ????++? d her c hildren are going to court to get an equal share of tbe other land descrption. My 4 children each get 20percent. Are they doing this legally?


Asked on 2/05/16, 11:20 am

1 Answer from Attorneys
Mark Anderson Mark Anderson, Attorney at Law, PLLC

Yes. You would need to open a probate to transfer the mineral rights. If there is no will, then property would pass pursuant to intestacy statutes. You would need to have a lawyer review your case.

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Answered on 3/02/16, 3:37 pm


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