Legal Question in Wills and Trusts in Montana

Re: Personnal Representative

There is a possibility that you have an interest in the property. It appears that your father's wife is your stepmother. If she is indeed your stepmother, and your father died WITHOUT a will, then, under Montana probate law, she is entitled to the first $100,000 of the value of your father's estate plus half of the remaining balance of the estate. The other half of your father's remaining estate would go to your father's descendants (you and any of your siblings). All of the above assumes that your great-grandfather died before your father and that your great-grandfather and grandmother had no other children.

If your father predeceased your grandfather, and the 50 x 50 property was not disposed of by your grandfather's will, your stepmother is likely not entitled to any of your Great-grandfather's estate.

Your stepmother's attorney is asking you to be the personal representative (P.R.) of your Great-

grandfather's estate, most likely, for purposes of ease. You may be the most qualified P.R. candidate as you are apparently the oldest surviving descendent of your great-grandfather's. You are under no legal obligation to act as the personal representative.

There is always the possibility that your stepmother and her attorney have ulterior motives in naming you as the P.R. However, without more information, I cannot reach such a conclusion.

If you wish to discuss this matter further please contact me personally. More information is needed before a making a determination of what your possible options are.