If you haven`t made a will and you don`t know anyone who did, then you`ve probably seen wills or read them in movies or on TV. Wills are legal documents that distribute a person`s property after their death and are the most common method of estate planning. Each state has its own testamentary laws that govern how wills are to be drafted, amended, and executed. Here is a brief summary of Montana`s laws of will. Federal and state laws that affect taxation and estate planning have become increasingly complex. The services of professionals who are fully competent in these areas are important. Legal fees for legal assistance in preparing a will vary depending on the size of the estate and the complexity of the will. Most law firms do not have a fixed fee for making a will. Lawyers usually base their fees on the length of the conference with the testator and the time it takes to draft the will.
Do not hesitate to ask a lawyer for an estimate of his fees to make a will, preferably at the first meeting. In some cases, and for certain types of property, such as the residence shared by the spouses, co-ownership can be useful as a legal tool alongside a will. This leads to the fact that the property that is in this possession “passes” directly to the surviving roommate after the death of either co-owner. A continuing power of attorney is an important legal document. By signing the permanent power of attorney, you authorize another person to act on your behalf, the principal. Before signing this permanent power of attorney, you need to know these important facts: To talk more about it or something else, please contact us. We look forward to helping you with all your legal questions. While anyone can make a will, will laws can be complex and disputes often drag on for years. It is recommended that anyone who wishes to make a will seek advice and support from an estate planning lawyer.
You can read Montana`s statutes online. The right to transfer property to anyone after their death is a privilege granted by legislation. Therefore, wills must be made within the limits set by Montana law. When a will is presented to a court, it can be difficult to find witnesses and bring them all to court, let alone court costs. You must therefore absolutely prove yourself your willingness to help your loved ones avoid this problem. A holograph will (manuscript) does not need to be signed by witnesses. Other wills must be signed by two persons who have witnessed either the signing of the will or the confirmation of the signature or will by the testator. In all cases, the testator must sign the will.
Created by FindLaw`s team of legal writers and writers | Last updated: June 20, 2016 For legal requirements for writing a will in Montana, see Montana Code annotated 72-2-521. See below for the basics. Montana law allows anyone over the age of eighteen and in a clear mind to make a will. The “typical” will must complete certain legal formalities. The manufacturer (“testator”) must dispose of his goods in writing, sign them or have them signed by someone on his instructions and also have two witnesses sign. It is also possible to create a handwritten will (“holographic”). Handwritten wills must be signed and material (important) provisions must be contained in the testator`s handwriting. Montana also has a method of creating a document as a will if these legal formalities are not completed, but this is certainly not recommended. Mutual wills are the separate wills of two people who provide for each other. For example, if a husband leaves all his property to his wife in his will and she in turn bequeaths all his property to him in his will, his will is said to be mutual.
Some mutual wills are also joint wills. Montana`s will laws require certain provisions to appear in a valid will. For example, a person who is eighteen (18) years of age or older, who has a clear mind and is not under undue influence may make a written will. Oral or videotaped wills are not legally recognized under Montana law. However, some lawyers film the signing and testimony of a will to show that the testator was in his good spirit and that he was not under undue influence. Estate is the legal process in which the estate judge reviews the will to determine whether the will is valid and to whom the property or property will descend. It is also the place where a person`s will is administered, and it is the appropriate place to administer the estate of a person who dies intimately (without a will). If a person dies after signing a valid will, the Probate Court appoints the executor named in the will to administer the estate. Divorce or annulment revokes the court order on the ex-spouse`s property. A separation judgment that does not terminate the status of husband and wife is not considered a divorce under Montana`s Uniform Code of Succession. Any distribution made in a will to spouses who are legally separated until a divorce is still effective. Under Montana law, a will must be filed with the court in a reasonable hurry after the testator`s death.
Montana Code comments 72-2-536. So, after your death, your will must be filed with your local probate court by the person designated as your personal representative (also known as an “executor” or “administrator”). This will begin the legal process known as “succession” through which your wishes will be executed under judicial control. Experience has shown that holographic wills often cause problems for the court. Wills can be rejected by the probate court if the provisions contain errors. Moreover, the protracted court cannot interpret the words used in holographic wills as the author intends. Even self-help computer programs can lead to unintended consequences and legal dangers. Experienced estate lawyers, on the other hand, receive specialized training in the field of knowledge. You know the exact language with which you must implement the desired distributions and have them interpreted by the court as you wish. In Montana, anyone over the age of 18 can make a will if your mind is rational and you are not under the undue influence of another person.
The will must be in writing; Montana law does not accept oral or video wills. However, that doesn`t mean you can`t have a video showing how to sign the will. Lawyers often use videos of signing a will to demonstrate the “common sense” part of the law rather than “under undue influence.” In most cases, a lawyer can advise and help a person make a will that best suits their needs and avoids the legal pitfalls that can result from a “DIY” will of computer software. Do not rely on the advice of untrained relatives or friends who are not up to date with Montana`s laws regarding wills. Some wills leave everything in one package, while others come out with specific gifts for specific people. Some leave everything in equal proportions, and others say that everything should be sold and the product distributed in certain percentages. In addition, montana allows the creation of a will without witnesses if it is handwritten by the testator and signed at the end. Montana Code Comments 72-2-522. This is called the “holographic will.” Holographic wills offer some convenience, but they carry the risk of making mistakes that could invalidate a will. No.
A lawyer is not required to make a will in Montana. For the vast majority of people, a lawyer will simply do the same things as goodwill creation software – ask them questions, and then create documents for you based on your information and desires. However, in some situations, it`s a good idea to seek advice from a lawyer, such as if you have a child with special needs or if you have a high net worth (about $10 million) and are worried about federal estate taxes. In these cases, a lawyer can help you answer specific questions and create an appropriate plan. Montana law deals with the Old Testament in two ways. First, if you have an old will, you can cancel it by creating a new one. Goodwill usually includes a statement that it revokes (annuls) previous wills.