A Montana Last Will and Testament is a legal document that allows a person to distribute their estate—which includes their possessions, real estate, money, and other assets. Only upon the passing of the testator (the person who drafted the Will) , this document will come into operation.
Once you have downloaded this DIY Last Will and Testament template for Montana;
- Fill it out and validate your will as per your state laws.
- If it feels overwhelming you can try TrulyWill, where you can do it yourself with the help of guide questions and support to answer your queries. You can also book an attorney if you need specific legal advice for a nominal fee.
- Use the platform to come back and update your will as per your convenience.
This template will help you to create a Will with a simple estate plan. If you have a high net worth or any other complex issues in your personal or financial life; you should discuss it with one of our attorneys to avoid your Will from being rejected by the probate court at a later stage.
In addition to this, below, you can find all the relevant information about the legal requirements for making a valid last Will in Montana along with the frequently asked questions.
Testator’s requirements:
In Montana, any person who is 18 years of age or more and is of sound mind may make a Will.
Sound mind- A person is said to be of sound mind if he is capable of knowing the nature of the act he is involved in and is able to distinguish between right and wrong. In simple words, you must be aware that you own some property for which you are creating a Will, and to whom you are making the beneficiaries.
Signature Requirements in Will:
Every Will must be signed by the Testator and at least 2 witnesses. These 2 witnesses should be disinterested witnesses and they must sign the Will in the presence of the testator and in the presence of each other.
Note - There are various exceptions and special rules but these are the standard requirements for Montana Wills.
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Stepwise procedure on what to include in the Last Will and Testament for Montana.
STEP 1: List your Assets.
Firstly, make a list of everything you own, from tangible to Intangible assets. This may include your personal property, real estate, bank accounts, jewelry, and life insurance policies.
This will help you understand which asset will be transferred through your Will or other modes.
STEP 2: Choose Beneficiaries.
The beneficiary is the person or legal entity (trust or organization) on whose behalf you bequeath your property. Your family, friends, relatives or anyone you want can be beneficiaries under your Will.
You also have the right to disinherit any relative, child or spouse from your Will whenever you want. It is advised to take legal help for this purpose.
STEP 3: Choose an Executive/Personal representative.
Always choose a person who is trustworthy, credible and responsible as your personal representative as he/she has a lot of authority over your assets after your death.
These include:
- Paying your debts.
- Paying funeral expenses.
- Distribution of assets among beneficiaries.
- Appointing attorneys to assist in probate.
STEP 4: Choose a Guardian for your minor children.
You can name a person who will look after the minor children after the death of the testator. This includes food, shelter, education and medical care. Guardianship of a minor terminates when the minor attains the age of 18 years.
STEP 5: Signature of Testator and Witnesses.
After writing everything in your Will, you need to sign it along with 2 witnesses. These witnesses are also required to sign your Will to make it a valid one.
STEP 6: Store your Will in a safe place.
Once you have completed all the necessary steps to create a will, you must store it safely to prevent loss or theft. It is recommended that you distribute copies of your Will to each beneficiary and executor so that they are all aware that you have made a Will. If you pass away unexpectedly and nobody knows about it, it would be challenging to locate your Will. Additionally, it's possible that they won't ever learn that you have a Will as well. It is crucial that you share this information with your beneficiaries and heirs.
You can also use TrulyWill’s platform to store your Wills and review it anytime, anywhere.
STEP 7: Review your Will periodically
Making a Will is not enough if you have not updated it after any major event that has happened in your Life. Events like marriage, divorce, births and deaths are likely to affect the decisions made previously in the Wills so it is important to update it accordingly to avoid any future stress to you and your family members.
Know more about Last Will and Testament requirements in Montana.
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