Frequently Asked Questions - Need a Will? -- Wills and Trusts Lawyer

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There are several reasons why people delay creating their will or trust in Montana. Some common reasons include:  

1. Procrastination:  Estate planning, including creating a will, is a task that many individuals put off due to its association with contemplating mortality and the complexity of the process.  

2. Lack of Awareness: Some people may not fully understand the importance of having a will or the potential consequences of not having a will. 

3. Belief Their Estate Is Too Small: Individuals with relatively simple estates or limited assets might assume that their assets will automatically pass to their desired beneficiaries without the need for a will. Incorrect.

4. Misconceptions about Cost: Some people believe that creating a will is expensive. Incorrect, too.

5. Lack of Time: Busy schedules and other priorities can cause individuals to postpone estate planning tasks, including the creation of a will. Unfortunately, unexpected events can occur, making it essential to address these matters in a timely manner. 

Attorney Paul Moses has handled countless cases reviewing, creating, and revising estate planning documents. He would be happy to discuss your case and your questions.  Call us at 406.630.3032.

There are essentially only four documents that make up a basic estate plan.

1. A will or a trust;
2. A durable power of attorney;
3. A durable power of attorney for healthcare, and
4. A new deed transferring your real property to an heir or to your trust.

That's it.  See, easy breezy!

A will is a legal document that specifies how you want your assets to be distributed after your death. It allows you to name beneficiaries, appoint an executor to handle your estate, and designate guardians for minor children, among other important provisions.

If you die without a will (intestate), lawyers and judges will be the ones who determine how your assets are distributed (called "probate"). In other words, the law controls how and to whom your assets are distributed, not you, and without any regard for your specific wishes or family dynamic. 

Yes, it is important to review and update your will periodically or whenever significant life events occur, such as marriage, divorce, the birth of children or grandchildren, or changes in your assets. Consulting an attorney with experience reviewing, drafting, and revising wills is advisable to ensure that your will reflects your current wishes and complies with Montana law.

The time required to create a will with an attorney in Montana can vary depending on the complexity of your estate and the specific details of your wishes. It typically involves initial consultations, drafting the documents, review, and execution.  In most cases, our firm can complete the process within a few weeks.  In other words, the process shouldn't take any longer than it's taken you to give us a call at 406.630.3032.   ;-) 

A trust is a legal arrangement where a person transfers assets to a trustee who manages those assets for the benefit of designated beneficiaries. Trusts can be used to manage and distribute assets, provide for minor children, minimize estate taxes, and potentially protect assets from creditors, among other purposes. 

Having a will does not negate the need for a trust, and vice versa. While a will is important for distributing assets after death, a trust can provide additional benefits, such as avoiding probate, maintaining privacy, and potentially protecting against creditors.  An experienced estate planning attorney will know how and when to use one or the other or both in your specific situation.

Yes, in most cases, you can change or revoke a trust in Montana just like you can a will. If the trust is revocable, you typically have the power to modify, amend, or terminate it during your lifetime.  Irrevocable trusts, on the other hand, generally require much more careful attention in order to be modified or revoked. 

A Power of Attorney is a legal document that grants authority to an appointed person, known as the agent or attorney-in-fact, to act on behalf of another person, known as the principal, in making legal, financial, or healthcare decisions.  See our FAQ dedicated specifically to powers of attorney.

Yes, and you can do your own brain surgery, too.  In either instance, the results will be the same:  bloody, irreversible, and much more expensive than you thought it'd be by doing it yourself.  So although you are not required to have an attorney, it is highly recommended to seek experienced legal representation if you have questions about or are interested in issues related to wills, trusts, and estate planning in Montana.