Rearrange Pages In Legal Montana Estate Planning Forms For Free

Under the Montana Uniform POA Act, a POA is considered durable unless the document specifically states that it is terminated by the incapacity of the principal. With a durable POA an agent can handle the principal's financial affairs without the need for court action.

The Spouse's Share in Montana. In Montana, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.

Montana Inheritance and Gift Tax Montana also has no inheritance tax. Be careful, though: You may owe inheritance taxes in another state if someone living in a state with an inheritance tax leaves you property or assets.

If you are unmarried and die without a valid will and last testament in Montana, then your entire estate goes to any surviving children in equal shares, or grandchildren if you don't have any surviving children. If you die intestate unmarried and with no children, then by law, your parents inherit your entire estate.

A Financial Power of Attorney must be signed in front of a notary and should be given to all of your financial institutions, including banks, financial planners, and investment firms. We recommend using the Agent's acknowledgement form attached to the Financial Power of Attorney.

At death, safe deposit boxes held in joint tenancy with right of survivorship in Montana can be opened by the surviving joint tenant. Checking and savings accounts can be used by the surviving joint tenant just as though the decedent were still living.