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Since we don’t know what tomorrow may bring, it’s important to plan ahead to protect your family and your legacy. A Bozeman wills lawyer can help make sure your property is distributed the way you want after you are gone.
The attorneys at Mountain & Valley Law Firm, has years of experience helping clients plan for the future. The team takes a detailed and comprehensive approach to each wills case and works diligently to guide clients through complex legal matters.
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A will is a written document that describes how a person wants their property distributed after their death. It provides the 18th Judicial District Court of Gallatin County with a guide in the distribution of an estate. A will outlines who receives assets, how much each person receives, and when each person becomes eligible to own it. Unfortunately, only about 42% of adults in the U.S. have a will.
In order for a will to be valid in Montana, the testator, the person who creates the will, must be of sound mind and 18 years of age or older. The will must be written, signed by the testator, and have two independent witnesses. Essential elements of a will include:
Montana recognizes several types of wills. Unlike many other states, it recognizes holographic, or handwritten, wills. These are valid even if they are not witnessed as long as the provisions and signature are in the testator’s handwriting. Other types of wills include:
You can change your will as long as you are competent. In order to change it, you either need to revoke the will and make a new one or make a codicil, which is a supplement. The supplement needs to be signed and witnessed in the same way as the original will. Some other circumstances that may require your will case to be reviewed include:
Reviewing your will periodically is advised, especially if your family or financial situation has changed. A Bozeman will attorney can review it with you.
While legally, you can draft your own will in Montana, it’s not advised. When you hire a wills lawyer, they can help make sure your will meets all Montana will laws and effectively reflects your final wishes.
An attorney can assist with drafting the document and offer guidance throughout the process. They can inform you of what you can include in your will and what is not eligible to be included, such as life insurance or joint tenancy property.
Choosing the right attorney to help you plan for the future is about more than just finding someone with legal knowledge; it’s about trusting the person you’re working with. If you’re in Bozeman, contact Mountain & Valley Law Firm for a personalized experience with a client-focused approach.
Contact Mountain & Valley Law Firm to discuss our available representation.