Draft a Will in Kalispell and Missoula
One of the most frequent questions clients ask is whether or not a Will is valid. Ensuring that all of the requirements for a valid Will are met can be difficult, so it is important to have a lawyer help with Will preparation so that no requirements are omitted. A few of the basic requirements of a valid Will include:
- The testator (the person making the Will) must be 18 years of age.
- The testator must be competent to make the Will.
- Required signatures (see below) must appear on the Will.
The form of the Will is also important. A Will can be either:
- Typewritten: More formal Wills can be typewritten, but must still be signed by the testator. This testator must sign the Will in the presence of two witnesses, and the witnesses must then sign the Will.
- Handwritten: This type of Will is often called a holographic Will. Although these Wills are occasionally valid, if you try to make your own handwritten Will, there are no guarantees that it would be enforced when you pass away. Because each state has its own requirements for handwritten wills, and these requirements change often, this type of Will is exceptionally difficult to use in the probate process. It is better to have a typewritten Will whenever possible, and to have an attorney involved to ensure the validity of the Will.
Clients occasionally ask us about Will contests. In these situations, one person is upset with the terms of the Will and wants to challenge the Will in court. Tanko makes sure our clients know the consequences that follow a failed Will contest — in both Montana and Nevada, the losing party must pay all expenses of the contest for both sides.
Contact the Firm
Tanko Law Office maintains flexible hours to accommodate its clients in both Kalispell, Montana, and Nevada. Call our Kalispell location at 406-275-3711 or our Columbia Falls location at 406-897-7133, or use the online contact form to schedule a free initial consultation with a lawyer at a time that is convenient for you.
Frequently Asked Questions
What are the legal requirements for a valid will in Montana?
Under Montana law, a valid will must meet several requirements. The person making the will (the testator) must be at least 18 years old and of sound mind. The will must be in writing and signed by the testator. It must also be signed by at least two witnesses who are not beneficiaries named in the will. Montana also recognizes holographic (handwritten) wills, which do not require witnesses as long as the material provisions and signature are in the testator's handwriting. Despite their validity, holographic wills are more easily contested. Working with a Montana wills attorney ensures your will meets all legal requirements and clearly expresses your wishes.
What happens if I die without a will in Montana?
If you pass away without a will in Montana, your estate is distributed according to the state's intestacy laws. Generally, your surviving spouse and children are first in line to inherit, but the exact distribution depends on your family structure. If you have a spouse and children who are also children of that spouse, your spouse typically inherits the entire estate. If there are children from another relationship, the distribution is split. Without a surviving spouse or children, assets may pass to parents, siblings, or more distant relatives. In rare cases with no identifiable heirs, the state of Montana may claim the estate. Creating a will with a Kalispell wills attorney ensures your assets go to the people you choose, not the default determined by state law.
Can I contest a will in Montana, and what are the risks?
Yes, a will can be contested in Montana, but there are important risks to consider. Common grounds for contesting a will include lack of mental capacity, undue influence, fraud, or failure to meet Montana's legal requirements for a valid will. However, Montana law carries a significant deterrent: if you contest a will and lose, you may be required to pay the legal expenses for both sides of the dispute. This provision is designed to discourage frivolous challenges. If you have concerns about the validity of a loved one's will or want to protect your own will from future challenges, consulting with an experienced wills attorney in Montana is the best first step.