Every Montana Family Needs an Estate Plan
Whether you own a home in Columbia Falls, a ranch in the Flathead Valley, or a business in Kalispell, having a proper estate plan ensures your assets are distributed according to your wishes and your family is protected. The two most common estate planning tools are wills and trusts, and understanding the differences between them is essential to making the right choice for your family.
At Cannon Breck Law, we help Montana families create comprehensive estate plans tailored to their unique circumstances, assets, and goals.
Last Will and Testament in Montana
A will is the most basic estate planning document. Under Montana’s Uniform Probate Code (Title 72, MCA), a valid will must be:
- In writing
- Signed by the testator (the person making the will)
- Signed by at least two witnesses who witnessed the signing or the testator’s acknowledgment of the signature
Montana also recognizes holographic wills — handwritten wills that do not require witness signatures, as long as the material portions and signature are in the testator’s handwriting.
Advantages of a will:
- Simpler and less expensive to create than a trust
- Allows you to name guardians for minor children
- Can be modified easily through codicils
- Effective for straightforward estates
Limitations of a will:
- Must go through probate — a court-supervised process that can take months and is a matter of public record
- Does not avoid estate taxes (for estates above federal thresholds)
- Does not provide management of assets if you become incapacitated
Revocable Living Trust in Montana
A revocable living trust is a legal entity that holds your assets during your lifetime and distributes them after your death according to your instructions, without the need for probate.
Advantages of a trust:
- Avoids probate — assets in the trust pass directly to beneficiaries, saving time and money
- Privacy — unlike wills, trusts are not filed with the court and are not public records
- Incapacity planning — if you become unable to manage your affairs, the successor trustee can manage trust assets without court intervention
- Flexibility — can include provisions for minor children, special needs beneficiaries, and blended families
- Multi-state property — if you own property in multiple states, a trust can avoid probate in each state
Considerations:
- More expensive to create than a basic will
- Requires “funding” — transferring assets into the trust’s name
- Annual maintenance may be needed as assets change
Montana-Specific Estate Planning Considerations
- Montana has no state estate tax or inheritance tax — only the federal estate tax applies (current exemption: approximately $13.6 million per individual)
- Montana’s informal probate process is relatively streamlined compared to many states, making probate less burdensome
- Real property considerations — Montana property owners with significant land holdings may benefit from trusts to avoid probate complications
- Beneficiary designations — retirement accounts, life insurance, and TOD/POD accounts pass outside of both wills and trusts
Essential Documents Beyond Wills and Trusts
A complete Montana estate plan should also include:
- Financial power of attorney — designates someone to manage your financial affairs if you cannot
- Healthcare power of attorney — designates someone to make medical decisions on your behalf
- Living will / advance directive — specifies your wishes regarding end-of-life medical treatment
- HIPAA authorization — allows designated individuals to access your medical records
Plan Today to Protect Your Family Tomorrow
Do not wait until a crisis to create your estate plan. At Cannon Breck Law, we guide Montana families through every aspect of estate planning, from simple wills to comprehensive trust-based plans. Contact our Columbia Falls office to schedule your estate planning consultation.
