Last Will and Testament

Estate planning can give one a surprising amount of peace of mind, and it does not have to be a difficult, expensive process.  In Montana, if you die without a will you are deemed “intestate,” and your estate will be distributed pursuant the Montana intestacy statutes (Montana will laws). If you have a will, your estate will be distributed pursuant to your wishes. I think the choice is pretty easy! 

For most people and most estates, a simple will is all that is needed to express the individual’s wishes for after they pass away. In a simple will you can distribute property, express your burial wishes, and even set up guardianship of your children.  With so much on the line, and such an easy process, it is entirely worth it to get your will established sooner rather than later. 

Going through the estate planning process can be really emotional for some people, and understandably so.  However, getting your “ducks in a row,” tends to be very freeing for people as well.  Personally, I waited a long time to write my will.  Once I did I could not believe I had waited so long because it felt SO good to have it done. 

What’s Included

Here are things you can address in your will: 

• Who gets your property: This is for large items, and for small personal property. You can cover it all. 
• Who gets your kids if you die before they reach 18: In your will, you can set forth who should have guardianship of your children if you pass away. 
• Who manages your child’s money if you die before they reach 18: In your will, you can set forth who manages your child’s funds (generally from your estate), and how long their funds will be held in a trust. 
• Any special burial requests: In your will, you can express any special burial wishes.  This can span from the basic requests (cremation, church of choice, etc.) to complicated and creative requests (what songs will be played, where ashes to be spread, what clothing shall be worn to the funeral, etc.)
• If it is ok to “pull the plug:” I offer a free additional living will, if desired, which basically gives permission to “pull the plug,” if appropriate. 

FAQs

What needs to be in a will?

There are a number of things needed, and those are all listed on my flat fee wills page in the form you fill out: https://mtfoxlaw.com/flat-fee-wills/ Not all of this information is strictly necessary, which leads me to the next question. 

What should be in a will?

This is a bit different from what needs to be in a will, because there are some things that should be in a will (i.e. burial requests) that do not have to be in a will for it to be valid.  Everything contained in my flat fee will form covers what should be in a will. 

What are Montana will laws?

While I can’t condense an entire area of the law into a FAQ entry, I can refer you to the statutes themselves: https://leg.mt.gov/bills/mca/title_0720/chapters_index.html

What if I have a special estate situation? Will a simple will work?

It depends.  A simple will won’t cover complex trust situations, or a number of other special estate situations. In those cases, I tend to refer people out to estate specialists. 

How much does your simple will cost?

$200. 

What is the process?

You go to my flat fee will page, fill out the form, and purchase the flat fee will item. Then, I get you will drafts within a week usually. I make any edits as directed by you, then send you final drafts. You execute your will in the presence of a notary with two witnesses (witnesses cannot be named in your will). Then, you keep your will in a safe place and tell your potential personal representatives where it is (you can provide them a copy of it too). 

What if I want to change it later?

You can either have it redone at a future date, or the way I draft my will is that you can update a list of smaller personal property anytime without updating the entire will. 

Check Out Our Other Services!

We also offer other services:

Consultations – 30 minute phone consultation for $75.00

Limited Scope Representation – I offer limited scope representation for a number of different situations, and can tailor my representation to your needs. 

Flat Fee Services – in our consultation I will tell you which flat fee service would be the best fit. 

Contact Fox Law Firm!

If you are ready to tackle your estate planning, let Fox Law Firm help you today! The process is quick and easy, the fee is reasonable, and having your estate planning set can give you immeasurable peace of mind.  If you have specific questions about your estate situation, you are welcome to set up a 30 minute phone consultation to discuss.