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Federal Depository
           

State Law Library of Montana

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Wills - Trusts - Powers of Attorney -
Estate Planning - Probate

These forms may be used for personal, non-commercial purposes ONLY.

FORMS
SELECTED MONTANA LAWS
FREE INFORMATION ON THE WEB
RECOMMENDED BOOKS

• Forms

  • 2007-8 Legal Guide to Long Term Care Planning
  
  
  • Sample Will
  
  
  • Beneficiary Deed
  
  
  • Homestead Declaration
    • Homestead Declaration - Married
    • Homestead Declaration - Head of Household
    • Homestead Declaration - Single
  
  
  • Living Will
  
  
  • Revocation of Living Will
  
  
  • Statutory Short Form of Power of Attorney
  
  
  • Durable Power of Attorney for Health Care and Medical Treatment
  
  
  • Power of Attorney for Care, Custody, and Control of a Minor Child
  
  
  • Revocation of Power of Attorney
  
  
  • Affidavit for Collection of Personal Property of Decedent
  
  
  • Informal Probate – With a Will Packet
    • Application for Informal Probate of Will and Appointment of Personal Representative
    • Order of Informal Probate of Will and Appointment of Personal Representative
    • Letters
    • Notice and Information to Heirs and Divisees
    • Affidavit of Service
    • Notice to Creditors
    • Proof of Service by Publication
    • Personal Representatives Sworn Statement to Close Estate
  
  
  • Informal Probate – Without a Will Packet
    • Application for Informal Probate and Appointment of Personal Representative
    • Order of Informal Probate and Appointment of Personal Representative
    • Letters
    • Personal Representatives Sworn statement to Close Estate

• Selected Montana Statutes about Wills, Trusts, Powers of Attorney, Estate Planning & Probate

  • Living Wills – “Montana Rights of the Terminally Ill Act”
    M.C.A., Title 50, Chapter 9, Part 1
  • Wills and Who Gets Your Property if you Die Without a Will
    M.C.A., Title 72, Chapter 2
  • Nonprobate Transfers: Multiple-Person Accounts, Payable on Death Accounts, Beneficiary Accounts
    M.C.A., Title 72, Chapter 6
  • Trusts
    M.C.A., Title 72, Chapters 33-36
  • Probate and Administration of Estates
    M.C.A., Title 72, Chapter 3
  • Montana Estate Tax
    M.C.A., Title 72, Chapter 9

• Free Information on the Web about Wills, Trusts, Powers of Attorney, Estate Planning & Probate

  • From Montana State University Extension Service
    
    
    • Glossary of Estate Planning Terms
    
    
    • Accessing A Deceased Person's Financial Accounts
    
    
    • Beneficiary Deeds in Montana
    
    
    • Custodial Accounts for Kids Under 21
    
    
    • Designating Beneficiaries
    
    
    • Dying Without a Will in Montana: Who Receives Your Property?
      • Interactive Tutorial
      
      
    • Estate Planning for Families with Minor Children
    
    
    • Estate Planning in Montana: Getting Started
    
    
    • Estate Planning: Property Ownership
    
    
    • Estate Planning: Wills
    
    
    • Gifting: A Property Transfer Tool of Estate Planning
    
    
    • Inheriting an IRA: Planning techniques for primary beneficiaries
    
    
    • Inheriting an IRA: Planning techniques for successor beneficiaries
    
    
    • Letter of Last Instructions
    
    
    • Life Estate: A Useful Estate Planning Tool
    
    
    • Life Insurance - An Estate Planning Tool
    
    
    • Montana Rights of the Terminally Ill Act
    
    
    • Montana's End-of-Life Registry
    
    
    • Nonprobate Transfers
    
    
    • Power of Attorney
    
    
    • Probate
    
    
    • Revocable Living Trusts
    
    
    • Talking with Aging Parents about Finances
    
    
    • The Federal Estate Tax
    
    
    • Transferring Farm or Ranch Property to the Next Generation Through a QTIP Trust
    
    
    • Using a Bypass Trust to Provide for Children from a Previous Marriage
    
    
    • Using a Homestead Declaration to Protect Your Home from Creditors
    
    
    • What is a Personal Representative?
    
    
    • Who Gets Grandma's Yellow Pie Plate? Transferring Non-titled Property
  • Montana Legal Guide to Long Term Care Planning, from the Montana Senior and Long Term Care Division
  
  
  • From the Montana Department of Justice
  
  
  • From MontanaLawHelp.org
  
  
  • From Nolo.com
• Recommended Books in the Law Library about Wills, Trusts, Powers of Attorney, Estate Planning & Probate

 

• Title: Estate Planning and Probate for the Paralegal/Legal Assistant in Montana
  Author:Michael F. McMahon
  Call #:KFM9140 .M33 (2000)
• Title: The American Bar Association Guide to Wills and Estates: Everything You Need to Know about Wills, Trusts, Estates, and Taxes
  Author: the American Bar Association
  Call #: KF755.Z9 A43 (2000)
• Title: How to Make Your Own Will: With Forms
  Author: Mark Warda
  Call #: KF755.Z9 W28 (2000)
• Title: Attorney’s Reference File of Will and Trust Forms: Reference Manual
  Author: Norwest Capital Management & Trust Company, Montana.
  Call #: KFM9144 .A9 (1991)
• Title: Planning Opportunities with Living Trusts in Montana
  Author: Richard M. Baskett
  Call #: KFM9144 .B54 (1994)
• Title: Make Your Own Living Trust
  Author: Denis Clifford
  Call #: KF750.Z9 C43 (2000)
• Title: Your Living Trust & Estate Plan: How to Maximize Your Family’s Assets and Protect Your Loved Ones
  Author: Harvey J. Platt
  Call #: KF750.Z9 P42 (1995)
• Title: Power of Attorney Handbook
  Author: Edward A. Haman
  Call #: KF1347.Z9 H25 (2001)
• Title: Health Care Powers of Attorney: An Introduction and Sample Form
  Author: the American Bar Association Commission on Legal Problems of the Elderly.
  Call #: KF1347.Z9 H3 (1990)
• Title: How to Draft Effective Wills and Trusts for Your Clients in Montana
  Author: Claudia D. Denker
  Call #: KFM9144 .D35 (2005)
• Title: How to Protect Assets During Life and Avoid Estate Tax at Death in Montana
  Author: Brand G. Boyar
  Call #: KFM9140.A75 H5 (2005)
• Title: Federal Estate and Gift Taxation in a Nutshell
  Author: John K. McNulty
  Call #: KF6572.Z9 M3 (2003)
• Title: Understanding Elder Law: Issues in Estate Planning, Medicaid, and Long-Term Care Benefits
  Author: L. Rush Hunt
  Call #: KF390.A4 H85 (2002)
• Title: Montana Probate Forms
  Author: David N. Niklas
  Call #: KFM9144 .M68 (2005)
• Title: Basic Probate Procedures and Practice in Montana
  Author: Marvin James Knapstad
  Call #: KFM9142 .B5 (1994)
• Title: Executors and Personal Representatives: Rights and Responsibilities
  Author: Margaret C. Jasper
  Call #: KF765.Z9 .J25 (2003)
• Title: How to Settle an Estate: A Manual for Executors and Trustees
  Author: Charles Plotnick
  Call #: KF765.Z9 P45 (2002, 1998)
• Title: The Executor’s Handbook: A Step-by-Step Guide to Settling an Estate for Personal Representatives, Administrators, and Beneficiaries
  Author: Theodore E. Hughes
  Call #: KF765.Z9 H7 (2001)
• Title: Probate Law
  Author: Margaret C. Jasper
  Call #: KF765.Z9 J27 (1997)
• Title: Uniform Probate Code in a Nutshell
  Author: Lawrence H. Averill
  Call #: KF765.Z9 A94 (2001)
• Title: BNA Tax Management Portfolio # 904: Probate and Administration of Decedents’ Estates
  Author: Stephen P. Magowan
  Call #: KF6285 .T39 NO. 904 (2000)
• Title: The Probate Process from Start to Finish in Montana
  Author: Elaine Hightower Galiardi
  Call #: KFM9144 .P75 (2005)
• To find more books on this and other legal topics, visit our online catalog or call or email us.
• For more information, check out the Guide to Montana Legal Research.