Montana Legal Guides
9 guides covering Montana topics, each with CaseDiver search beside the article.
- Castle Doctrine in Montana: Deadly Force Against Intruders
Montana castle doctrine: when occupants may use deadly force against home intruders, key statutes (Mont. Code Ann. § 45-3-103), presumptions, and leading cases.
- How Do You Make a Valid Will In Montana?
In order to be valid, a will in Montana (other than a holographic will) must be: In writing; Signed by the testator; Signed and witnessed by two witnesses. The requirements to make a valid will under Montana law are found in Mont. Co…
- How to Enforce a Contract to Make Will in Montana
Contracts to make a will are enforceable in Montana. A new decision from the Montana Supreme Court holds that a lawsuit to enforce a contract to make a will must be brought in the court of general jurisdiction, not in the probate court. Wha…
- Montana Child Support Guidelines: How Support Is Calculated
How Montana calculates child support under Mont. Code Ann. § 40-4-204; Montana Child Support Guidelines, including the melson formula, deviations, modification, and leading cases.
- Montana Maintenance: Eligibility, Amount, and Duration
How Montana courts award maintenance under Mont. Code Ann. § 40-4-203: eligibility, statutory factors, duration, and leading cases.
- Montana Supreme Court: Alleged Fraud Did Not Toll Probate Time Limitations To Challenge Will
In the June 2020 case of Estate of Swanberg , the Montana Supreme Court upheld the denial of a petition to reopen a probate estate based on alleged fraud. The Montana Supreme Court held that the allegations of fraud did not operate to toll …
- Stand Your Ground Laws in Montana
Montana stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights Montana
A surviving spouse in Montana has important rights and benefits, including: Homestead Allowance Exempt Property Spousal Allowance Elective Share Rights Surviving Spouse Rights If There Is No Valid Will - Intestate Estate If a decedent dies …
- Who Are Next Of Kin In Montana?
The term “next of kin” is used synonymously with heirs, which is defined in Montana probate law to mean “persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a…