In Montana, a Last Will and Testament is a legal document that declares how a Testator (the person creating the Will) wishes to distribute his or her assets once he or she dies. A Will will provide exact specifications as to what percentage or amount of assets will go to each beneficiary. A Will can also dissolve property and assets to charity and friends, in addition to children and spouses. In order to be legally recognized by the state of Montana, the Will must be signed by two Witnesses as well as a Notary Public.
Definition of Will - §72-1-103(56)
Witnesses - According to §72-2-522, the Will must be signed by two (2) witnesses.
Step 1 - Using the provided FormSwift Last WIll, enter your information:
Step 2 - Declare your marital status from one of the following choices:
Unless you are single, provide the name of your spouse and whether or not he or she will be named as a beneficiary.
Step 3 - Provide specifics on the following:
Step 4 - Lay out the following toward each child:
Step 5 - Indicate whether or not you’d like to set up a Trust for someone. This is often a good idea for those who may suffer from a mental illness or disability and requires special care. Setting up a Trust for them can prevent any eligibility issues with them receiving other aid such as Medicaid or Supplemental Security.
Step 6 - Set stipulations on children’s inheritance:
Step 7 - Provide the name and address of the funeral home you’ve made arrangements with.
Step 8 - State any last wishes that you have in regards to the last meal after the funeral service.
Step 9 - Naming your Executor - Naming your Executor is important because this is the person charged with administering your estate. If you fail to name an Executor, or if you don’t have an alternative, the court may appoint one for you. Name your Executor by providing the following:
Step 10 - Appointing Your Trustee - If your assets are in a Trust, your Trustee will be responsible for distributing your assets out of your Trust. Provide their information:
Step 11 - Digital Executor - If your estate contains digital assets, be sure to name a Digital Executor:
Step 12 - Guardian for Minor Children - If you have minor children, name a Guardian to look over them once you pass away:
Step 13 - Additional Beneficiaries - If there are any additional beneficiaries, or charities that you wish to leave your belongings to, be sure to name them in this section.
Step 14 - Disinheriting Someone - If there is someone that you no longer wish to receive your assets, provide their information below:
Step 15 - Witness Information - Provide the following information about your witnesses:
Now that your Will is complete, be sure that all parties sign the document, and that a Notary Public notarizes it. Remember to send one to your attorney as well as your beneficiaries so that everyone may have a copy.