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Sample Legal Forms

Disclaimer

The documents located on this website are not intended to be a substitute for legal advice. Rather, they are designed to help families become better acquainted with some of the devices used in long term planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted and statements on these pages are based solely on those laws in force on the date of publication.

We recommend you seek legal advice for all your planning needs

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Declaration of Homestead

Disclaimer

The documents located on this website are not intended to be a substitute for legal advice. Rather, they are designed to help families become better acquainted with some of the devices used in long term planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted and statements on these pages are based solely on those laws in force on the date of publication.

We recommend you seek legal advice for all your planning needs


A Declaration of Homestead can be filed on your primary residence.  A primary residence is a home, mobile home, manufactured home or motor home that you live in more than six months out of the year.   The document protects up to the first $250,000 of your home’s value against unsecured debt.  Examples of unsecured debt include: credit card debt, medical debt, and consumer debt.  Unsecured debt is not secured by your property.  A Homestead Declaration will not protect against mortgages, reverse mortgages, tax debt both state and federal, federally secured student loans, Medicaid liens or contractor liens.

A Declaration of Homestead must be signed by all owners in front of a notary and filed with the Clerk and Recorder’s Office in the county where the property is located.

Instructions for completing the document:

1.    Make sure you update your return address in the top left corner of the form
2.    You are the owner of the property.  Make sure you list all owners and delete any unused spaces.
3.    Add the street address of your property and the county it is located in.
4.    Insert your legal description, which will be found on your vesting deed.
5.    Make sure you update the date to the day you will sign the form in front of a notary.
6.    You can leave the notary block blank for the notary to complete. 

Declaration of Living Will

Disclaimer

The documents located on this website are not intended to be a substitute for legal advice. Rather, they are designed to help families become better acquainted with some of the devices used in long term planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted and statements on these pages are based solely on those laws in force on the date of publication.

We recommend you seek legal advice for all your planning needs


A Declaration of Living Will is used to express to your medical professionals and your family that you do not wish to receive life support or life-sustaining treatment in case you are no longer able to survive without medical intervention and the application of artificial supports.  The document comes into effect only if you are no longer able to communicate your wishes.

A Declaration of Living Will by Appointment allows you to appoint someone else to communicate your wishes to your medical professionals.

Your Declaration of Living Will or Declaration of Living Will by Appointment should be given to all medical professionals you have an existing relationship with.  You can also file your Declaration of Living Will or Declaration of Living Will by Appointment with End of Life Registry (Department of Justice, Office of Consumer Protection), PO Box 201410, Helena, MT 59620.

Instructions

  1. You should complete either the Declaration of Living Will or the Declaration of Living Will by Appointment, but not both.
  2. You are the Principal.  All references in the document to Principal should be changed to your name.
  3. In the Declaration of Living Will by Appointment, you can nominate a secondary appointee.  If you do not, you should delete this section. 
  4. Update the dates on the form to the date the form will be signed in front of witnesses
  5. The forms do not need to be notarized but need to be witnessed by two people over the age of 18. 

Other Resources:

Financial Power of Attorney

Disclaimer

The documents located on this website are not intended to be a substitute for legal advice. Rather, they are designed to help families become better acquainted with some of the devices used in long term planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted and statements on these pages are based solely on those laws in force on the date of publication.

We recommend you seek legal advice for all your planning needs


A Financial Power of Attorney allows you to choose someone who you would want to make or help you make financial decisions, should you be unable to do so for yourself.  A Financial Power of Attorney can be used to pay your taxes, buy or sell real estate, pay bills, buy and sell stocks, bonds or other financial products, and generally conduct business on your behalf. A Financial Power of Attorney can be limited in time, by granted power or with special instructions for large transactions.

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.  It is an optional form but is designed to educate the Agent on their rights and responsibilities.

Instructions

  1. You are the Principal.  All references in the document to Principal should be changed to your name.
  2. Add your agent’s name, address and phone number.
  3. You can designate secondary and additional agents.  If you chose not to do so, you can delete Section 11.
  4. Under Section III, you can choose the options you would like to give your agent to the power to assist you will.  You can mark All Proceeding Subjects even if you do not have some of the financial products or services.  When you notarize the document, you will initial next to your choices.
  5. Section VI.  If you chose to include special instructions, they should be listed under this section.  If not, this section can be deleted. 
  6. Section VIII.  Springing Language makes your Power of Attorney effective at some point in the future, usually based on a medical condition. This can make it difficult for your agent to use your Power of Attorney. This Power of Attorney if effective immediately unless you say otherwise in the Special Instructions section. 
  7. Section IX. A conservator is put in place by the court to take control of a person’s finances. If that becomes necessary for you, this is where you say who you would want that person to be. This is usually the person you have chosen as your Power of Attorney, but you can pick someone else.
  8. The notary block can be left blank for the notary to complete when you notarize your document. 
  9. The Important Information for Agent form should be given to your agent to read and sign in front of a notary. 
  10. Section IV of Agent Information. Number 4 can be deleted if there are not special instructions. 

Other Resources

Health Care Power of Attorney

Disclaimer

The documents located on this website are not intended to be a substitute for legal advice. Rather, they are designed to help families become better acquainted with some of the devices used in long term planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted and statements on these pages are based solely on those laws in force on the date of publication.

We recommend you seek legal advice for all your planning needs


A Health Care Power of Attorney allows you to tell your medical providers who you would want to make health care decisions for you, should you be unable to do so for yourself. A Health Care Power of Attorney can tell your medical professionals what end-of-life treatment you would like to receive, or not receive. This form was not designed by our office and we have no formal opinion as to whether or not it will meet your needs.

A Health Care Power of Attorney must be signed in front of a notary and should be given to all medical providers you see on a regular basis.

Important Disclaimers for the Linked Form

  1. In order to make certain that your wishes regarding what will happen to your body after you pass away are honored, you may want to include them in your will.

    • If you do not do so, MCA 37-19-901 lays out who will be allowed to make that decision on your behalf.

    • A Power of Attorney is no longer valid after your death. See MCA 72-31-310

  2. The form linked on this page includes gendered language. If you need help drafting a form without gendered language, please contact the Legal Service Developer Program.

Will

Disclaimer

The documents located on this website are not intended to be a substitute for legal advice. Rather, they are designed to help families become better acquainted with some of the devices used in long term planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted and statements on these pages are based solely on those laws in force on the date of publication.

We recommend you seek legal advice for all your planning needs.


A will allows you to pass your real and personal property to whomever you choose.  You can also leave money or property to charitable organizations if you wish.  You can outline your wishes for the you would like to happen to your body (cremation, burial, other), your funeral or any other last wishes.  The will below is a simple form and does not include a trust.  Trusts can be very useful tools to plan for the care of minor children, to plan for the care of an adult child with a disability, whether or not they are receiving public benefits, and other special circumstances. If you are interested in creating a trust, you should consult with an attorney.  

You should keep your will in a safe place (do not place it in a safety deposit box if you are the only one who can access the box as it will be sealed at the time of your death and  will require a court order to open it), and tell your personal representative and/or other trusted family members or friends where to find your will.

Instructions

  1. You are the Testator.  Every box with Testator in it should be changed to your name.
  2. In Section 1: Introduction, you should include any nicknames that you go by on a regular basis as well as any other legal names including your maiden name. 
  3. A Tangible Personal Property List should be downloaded along with the Will.  You can make changes to this document without having to change your Will as you get new property or get rid of property.  It will need to be signed and dated by you and kept with your Will.  
  4. Under Section IV: Pre-Residuary Gifts, if you do not have children, or don’t want them to inherit under your will, you can change the language to match your wishes. You should also include any specific bequests (gifts) under this section.  
  5. Under Section VII. You will want to list how you are related to or how you know the person you have chosen for your Personal Representative (ex. Sibling, child, friend, etc.)
  6. Under Section VII you can list alternate Personal Representatives.  You can delete any unused lines.
  7. Section IX. You can delete this section if you do not have minor children.  If you do have minor children, you may want to discuss with a legal profession to determine if this Will meets your needs. 
  8. XIII. Make sure you change the Dates and Number of Pages 
  9. Witnesses to your will should not be people who will inherit from you.  They can be any person over the age of 18 years of age. 
  10. The notary block can be left blank for the notary to complete. 

Other Resources

Montana Law Help Wills and Estate Planning
 

Transfer on Death Deed (TODD)

Disclaimer

The documents located on this website are not intended to be a substitute for legal advice. Rather, they are designed to help families become better acquainted with some of the devices used in long term planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted and statements on these pages are based solely on those laws in force on the date of publication.

We recommend you seek legal advice for all your planning needs


A Transfer on Death Deed allows you to pass your home or other real property located in Montana to someone, multiple people or a charitable organization of your choosing after you pass away, without having to go through the probate process. An optional form for the Transfer on Death Deed is located in the Montana Code Annotated at 72-6-415. If you are 60 years or older and need assistance with Transfer on Death Deed, feel free to contact our office.

A Transfer on Death Deed must be signed in front of a notary and will need to be recorded with your local Clerk and Recorder’s Office.

Other Resources 

  • Montana Law Help Will and Estate Planning

Affidavit of Death

Disclaimer

The documents located on this website are not intended to be a substitute for legal advice. Rather, they are designed to help families become better acquainted with some of the devices used in long term planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted and statements on these pages are based solely on those laws in force on the date of publication.

We recommend you seek legal advice for all your planning needs


Affidavit for Termination of Joint Tenancy

Disclaimer

The documents located on this website are not intended to be a substitute for legal advice. Rather, they are designed to help families become better acquainted with some of the devices used in long term planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted and statements on these pages are based solely on those laws in force on the date of publication.

We recommend you seek legal advice for all your planning needs


Affidavit for Collection of Personal Property of the Decedent

Disclaimer

The documents located on this website are not intended to be a substitute for legal advice. Rather, they are designed to help families become better acquainted with some of the devices used in long term planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted and statements on these pages are based solely on those laws in force on the date of publication.

We recommend you seek legal advice for all your planning needs