Will Writing Service in Montana

A will is an essential component in every adult’s life. It details your wishes to care for your loved ones and distribute your property upon death. Preparing will ensure the protection of your legacy. Will writing in Montana is simple and seamless as adults can make their will, hire an estate attorney to help them create their will, and hire LegalPen, an online will writing company. Montana residents can learn more will writing by reading this article. 

How Much Does it Cost to Write a Will in Montana?

The average cost of writing a will in Montana is $ 300 to $ 700. The cost may vary depending on the complexity of the estate, attorney’s fees, and the needs and wants of the testator. The complexity of the estate denotes a large estate with several assets, assets in different states and countries. 

Can I Write a Will Without a Lawyer in Montana?

Yes, you can write your will without a lawyer in Montana. A testator in Montana may handwrite their will or have it typed. Alternatively, they can use DIY tools online to make their will or hire LegalPen, an online will-writing company. 

Is It Legal to Write Your Own Will in Montana?

Yes, it is legal to write your own will in Montana. An adult in Montana can write their will, whether handwritten or typed. When a Montana resident decides to write their will, they should sign the will, and two credible witnesses must witness and attest to the signing of the will. When adults write their will, they should ensure it complies with the Montana laws. 

To avoid the risk of a will being invalid, you should hire LegalPen, an online will-writing company with over 15 years of experience in estate planning. 

Does a Will in Montana Need to be Notarized?

No, there is no requirement that a will must be notarized to be considered valid in Montana. However, like many states, Montana allows a testator to make a will self-proving. To make a will self-proving, a notary must witness the testator’s signatures and witness on an affidavit attesting to the execution and witnessing the will.

Do I Need a Lawyer to Make a Will in Montana?

No, you do not need a lawyer to make a will in Montana. Montana residents with a simple estate with relatively few assets may make their wills without the help of a lawyer. However, a testator with a complex estate may consult an estate planning attorney to help them write their will and plan their estate. 

Do I Need a Lawyer to File a Will in Montana?

No, you do not need a lawyer to file a will in Montana. After the decedent’s death, the personal representative appointed under the will may file the will at the district probate court in the county where the decedent resided. Testators who intend to file their will may file it with the Court Clerk of the probate court in the county where they reside. 

Are Online Wills Legal in Montana?

No, online wills are not legal in Montana. However, testators who intend to create their wills using online platforms can create the will online and print it for signing, witnessing, and safe storage. 

How to Include Digital Assets in a Montana Will?

The Revised Uniform Fiduciary Access to Digital Assets (RUFADAA) states how digital asset beneficiaries manage digital assets. In addition, digital platforms provide ‘terms of service’ agreements that guide how digital assets are handled. 

You can include your digital assets in your Montana will by inventorying them, deciding on the specific beneficiaries, and selecting a digital executor who will be responsible for executing the testator’s wishes. 

How to Disinherit Someone in a Montana Will

When disinheriting someone in your Montana will, a testator should use a disinheritance clause. A disinheritance clause explicitly expresses your intention to disinherit someone and the reason for disinheriting them, such as a strained relationship, you do not trust the person, or they have adequate resources; thus they can take care of themselves. 

However, care must be exercised when drafting disinheritance clauses, as Montana laws protect minor children from disinheritance. Additionally, you cannot disinherit someone in Montana unless you have a prenuptial agreement. 

How to Handle Debts and Liabilities in a Montana Will

When writing your Montana, you should identify your outstanding debts and taxes, inventory your debts and liabilities, and leave instructions on how the debts and liabilities will be paid. When making your inventory, make sure to include both secured and unsecured debts. Including your debts and liabilities in your, Montana will protect your beneficiaries against personal liability for estate debts. 

How to Provide for Minor Children in a Montana Will

You provide for your minor children in a Montana will by making bequests to them and choosing a trustee who will hold the assets in trust until they turn adults. Other than choosing a trustee, you should appoint a guardian who will oversee the children’s welfare and upkeep. After choosing a guardian, you can leave out instructions on how they will care for your child. 

How to Store You Montana Will Safely

A will should be stored in a safe place where it can be found. When a trust company or a bank is named executor, the will may be kept with the institution. 

When an attorney drafts a will on your behalf, you can store the will at the attorney’s office. Most attorneys have an office safe where they store documents like wills.

Testators can store the will at home in a water- and fireproof safe box. They should inform a trusted partner or friend where they have stored the will. Montana law provides for the storage of a will with the district court. The clerk of the district court in the county where you reside can guide you on how to store your will. 

How to Contest a Will in Montana

In Montana, you can contest a will by petitioning the probate court. The contestor can file the petition with the help of an estate attorney. The person contesting the may be a beneficiary under the will, a former beneficiary, and an interested party in the estate of the decedent.  A will may be contested on the following grounds:

1. There was fraud involved in the will-making process;
2. The will was created by mistake;
3. There exist elements of undue influence in the making and signing of the will; and
4. The testator lacked testamentary capacity in the making of the will. 

What are No-Contest Clauses in Montana Wills?

A no-contest clause is a clause included in the will that states that any person who contests a will shall not receive anything from the estate. This clause works for a person who has been bequeathed under a will. However, if a person is left out of the will, they can still contest it.

In Montana, no-contest clauses are enforceable unless there is a probable clause. 

What is the Difference Between Probate in Montana and Rhode Island?

Most states in the United States have similar probate processes and laws. The stark difference in the probate process in Montana and Rhode Island is their tax regimes. Estate and Inheritance tax does not apply in Montana, whereas estate tax applies in Rhode Island. Will Writing Service in Rhode Island has more details on the probate process in Rhode Island. 

How to Handle Foreign Property in a Montana Will

Handling foreign property requires an understanding of international estate planning laws. Each country has its own probate laws, so a testator should consult with an estate planning attorney in the country where the property is situated. The estate planning attorney may recommend creating a will that is valid in that country and details the inheritance of that property. After death, the property will be probated according to the foreign country’s laws. 

How to Make a Will for Same-Sex Couples in Montana

The will-making process for same-sex couples in Montana is similar to the will-making process for opposite-sex couples. Same-sex couples may make a joint, mutual, or simple will by each spouse. The will provides for how their joint assets will be handled after their death, their assets if they have minors, the will appoint a guardian who will take care of the minor children after their death. Couples who do not have children may opt to contribute part of their estate to charitable organizations. Same-sex couples in Montana can consider will-writing services for a couple and how to write a will in Montana to learn more about making a will. 

How to Plan for Pet Care in Your Montana Will

You can plan for pet care in your Montana will by appointing a guardian to care for your pets upon your demise. You will allocate resources to your guardian to facilitate the care of the pets. Additionally, you will leave instructions on how your pet will be cared for.

How to Handle Business Succession in a Montana Will

A business succession plan protects the assets and interests you have worked hard to build. In the context of a will, it accounts for what happens to your business interests and assets after your death. It contemplates potential tax implications and business inheritance.

Business succession planning in Montana can include a list of your business interests and assets, the beneficiaries who will inherit them, and instructions on how the business will continue and how the assets should be utilized. 

How to Handle Out-of-State Property in a Montana Will

Out-of-state property, such as an apartment in Chicago or land in Nevada, can be included in your Montana will. A will in Montana will be considered valid in other states. Moreover, you can choose an executor in charge of the property in another state while making your Montana will. The executor may be a resident of the state where the property is situated. 

What is the Difference Between Holographic wills and Statutory Wills in Montana?

Holographic wills and statutory wills are types of wills. A holographic will or a handwritten will is a will written by the testator in their handwriting without any witnesses. In Montana, a holographic will is written and signed by the testator in their handwriting. Montana does not have statutory wills, which are considered to be ones that comply with Montana laws.