Montana Last Will and Testament Form

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Montana Last Will and Testament: What Is It?

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.

Montana State Laws

Definition of Will - §72-1-103(56)

Laws - Title 72 (Estates, Trusts, and Fiduciary, Relationships)

Witnesses - According to §72-2-522, the Will must be signed by two (2) witnesses.

How to Write a Montana Last Will and Testament

Step 1 - Using the provided FormSwift Last WIll, enter your information:

  • Full name
  • City of residence
  • County of residence

Step 2 - Declare your marital status from one of the following choices:

  • Single
  • Married
  • Divorced
  • Engaged
  • Widowed
  • Separated

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:

  • Children - names, living status, and whether or not he or she will be named as a beneficiary
  • Pets - names of pets, and physical description
  • Life Insurance - company name, policy number, and contact information
  • Property - Address to properties you own

Step 4 - Lay out the following toward each child:

  • Name of Child #1 - Inheritance amount/percentage
  • Name of Child #2 - Inheritance amount/percentage

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:

  • When will your children begin receiving their inheritance?
  • When will their inheritance benefits end?
  • What portion will they receive?

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:

  • Executor Name
  • Relationship to you

Alternate Executor

  • Alternate Executor’s Name
  • Relationship to you

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:

  • Trustee Name
  • Relationship with you

Step 11 - Digital Executor - If your estate contains digital assets, be sure to name a Digital Executor:

  • Digital Executor Name
  • Relationship to you

Step 12 - Guardian for Minor Children - If you have minor children, name a Guardian to look over them once you pass away:

  • Name of Guardian
  • Relationship to you

Alternate Guardian

  • Name of Alternate Guardian
  • Relationship to you

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.

  • Beneficiary/Charity Name
  • Relationship to you
  • Inheritance amount/percentage

Step 14 - Disinheriting Someone - If there is someone that you no longer wish to receive your assets, provide their information below:

  • Name of Disinherited
  • Relationship to you

Step 15 - Witness Information - Provide the following information about your witnesses:

  • Name
  • Address (including city, state, zip code)
  • Telephone Number

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.

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