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A Montana durable statutory power of attorney form allows a person to appoint someone else to handle their financial-related affairs on their behalf. The designation only occurs while the person granting power, the ?principal?, is alive and continues even if they should become incapacitated.
Does a Power of Attorney remain valid after a death? The short answer is no, a Power of Attorney dies with the person. A Power of Attorney is a document that grants another person permission to act on their behalf, during life, thus when that individual passes away, the document is null and void.
No, in Montana, you do not need to notarize your will to make it legal. However, Montana allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
The local attorney must file a notice of appearance in the case in which you seek to appear. This notice of appearance informs the court that you are making an application to the Montana Bar to appear pro hac vice.
Under Montana legislation, this must be done in the following way: Both the Principal and the Agent must sign. A notary public must oversee the signing and sign too. If you are signing a Power of Attorney, you will need to have your signatured acknowledged by a notary public.
The will of a decedent must be filed with the Clerk of Court so the personal representative may proceed with the administration of the estate.