Billings Estate Planning Lawyer

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If you are considering how to protect your family, your property, and your wishes in Billings, planning ahead can spare your loved ones expense, confusion, and disagreement later. Estate planning is not reserved for the wealthy or the elderly. It applies to anyone who owns property, has children, or wishes to retain control over decisions at the end of life.

As a Billings, MT estate planning lawyer, Silverman Law Office, PLLC has guided Montanans through wills, trusts, powers of attorney, and probate administration. We welcome the opportunity to discuss your circumstances and the planning options available to you.

Estate Planning Lawyer Billings, MT

Estate planning is the legal process through which an individual decides what will happen to their property, finances, and personal affairs during their lifetime and after death. A thorough plan typically involves more than a will. It often includes one or more trusts, financial and healthcare powers of attorney, advance medical directives, and coordinated beneficiary designations on retirement accounts, life insurance, and similar holdings. Each instrument serves a distinct purpose, and when assembled thoughtfully, they allow you to retain meaningful control over how your affairs are handled rather than leaving those questions to the courts and to default provisions of state law.

Types of Estate Planning Cases We Handle in Billings

Our Billings estate planning attorneys advise individuals and families on a range of planning concerns, with each plan reflecting the client’s property, family circumstances, and longer-term objectives. Some clients arrive with defined goals, while others come in with only a general sense that some form of plan should be in place. The matters our firm handles most frequently include the following:

• Wills. A will provides for the distribution of property, names an executor, and designates guardians for minor children. We prepare documents that account for blended families, business interests, and property holdings common to Montana families.
• Trusts. Revocable trusts, irrevocable trusts, and special needs trusts each serve different purposes within an overall plan. Our attorneys help clients select the structure that fits their wealth, tax considerations, and beneficiary needs.
• Powers of attorney. A durable financial power of attorney authorizes someone you trust to manage your finances if you become unable to do so. Without one, your family may need to petition a court for the appointment of a conservator.
• Healthcare directives. Advance healthcare directives provide guidance on end-of-life medical care and authorize a designated individual to communicate with treating physicians. These documents work alongside HIPAA authorizations to give effect to your preferences.
• Probate. After a death, the personal representative is responsible for inventorying assets, providing notice to creditors, settling debts, and distributing property to the appropriate beneficiaries. Our firm assists personal representatives through each stage of that process.
• Will contests. Disputes concerning the validity of a will, claims of undue influence, or questions about an executor’s conduct can bring families into court. Our litigation attorneys represent both contesting heirs and personal representatives.
• Elder law. The costs of long-term care can erode an estate built over a lifetime. Our firm assists clients in structuring assets in a manner that may allow qualification for Medicaid while preserving what they have accumulated.
• Business succession. Owners of family businesses, farms, and ranches require a plan for transferring ownership and control without producing avoidable tax consequences or family conflict. We prepare buy-sell agreements, succession plans, and lifetime gifting arrangements.
• Tax-aware planning. Federal estate and gift taxes can claim a substantial portion of larger estates. Our founder holds an LL.M. in Taxation, which shapes how the firm approaches plans involving significant value.

Why Choose Silverman Law Office, PLLC as my Estate Planning Lawyer in Billings, MT?

Montana Experience Built Over Two Decades

Founder Joel Silverman established Silverman Law Office, PLLC in 2012 and brings more than twenty years of legal experience to the firm’s estate, tax, and business work. He earned both his J.D. and an LL.M. in Taxation from the University of San Diego School of Law, an advanced credential that has shaped how the firm approaches matters involving substantial assets and tax considerations. Joel is admitted to the State Bar of Montana, the U.S. District Court for the District of Montana, and the U.S. Tax Court. The firm currently maintains offices in Bozeman, Helena, Big Timber, Butte, and Billings.

A Tax-Aware Approach to Estate Planning

Estate plans and tax considerations are closely related, and addressing one without the other often produces unintended results. Joel’s LL.M. in Taxation gives our firm a particular vantage point in advising clients whose estates involve substantial assets, ownership interests in operating businesses, or property in more than one state. We work to coordinate wills, trusts, and lifetime gifting strategies with both federal and Montana tax rules in view. For most clients, that coordination translates into reduced tax exposure, a greater share of the estate preserved for heirs, and less disagreement among beneficiaries.

Understanding Estate Planning Cases

Key Estate Planning Documents and What They Do

Although every plan is built around a particular family, most rely on a recognizable set of core documents, each serving a distinct purpose:

• Last will and testament: Provides for the distribution of property, names an executor, and designates guardians for minor children. In the absence of a valid will, Montana intestacy laws determine who inherits.
• Revocable living trust: Holds property during your lifetime and arranges for its transfer to beneficiaries at death, in most cases without the involvement of probate.
• Durable financial power of attorney: Authorizes a trusted individual to manage your financial affairs if you become unable to do so yourself.
• Healthcare power of attorney: Permits a designated person to make medical decisions on your behalf.
• Living will (advance directive): Records your wishes concerning life-sustaining medical treatment.
• Beneficiary designations: Determine who receives retirement accounts, life insurance proceeds, and similar assets, regardless of the terms set out in your will.
• Transfer-on-death deeds: A Montana instrument allowing real property to pass to a named beneficiary outside of probate.

The appropriate combination of instruments depends on the size and composition of the estate, the family involved, and the goals being addressed. Even carefully prepared plans can run into difficulty when essential planning documents are missing or contain provisions that contradict one another.

What Are Important Aspects of an Estate Planning Case?

A sound estate plan accounts for both legal accuracy and practical realities, and the appropriate solution often depends on which considerations weigh most heavily. Factors that commonly shape a plan include:

• The presence of minor children, family members with special needs, or blended-family relationships
• Real property holdings, including ranches, farms, and property located in other states
• Ownership of a business and the related succession concerns
• The total value of the estate and the likely tax exposure at the federal and state levels
• Charitable intentions and the manner in which they should be carried out
• Existing family dynamics and the potential for disagreement among beneficiaries

The selection of the right individuals to serve in fiduciary roles is no less significant than the selection of the right documents. The duties of a personal representative or trustee involve real responsibility, and a poor appointment can compromise an otherwise well-drafted plan.

What Is the Estate Planning Case Timeline?

Most estate planning matters proceed through a recognizable sequence of stages, although individual circumstances may extend any given step:

• Initial consultation. The client and attorney discuss the client’s objectives, family situation, and assets, and identify the instruments appropriate to the situation.
• Document drafting. The attorney prepares wills, trusts, and any supporting documents based on the information gathered during the consultation.
• Review and revision. The client reviews the drafts, raises questions, and requests adjustments before signing.
• Execution and signing. Documents are signed in accordance with state requirements for witnesses and notarization.
• Funding and periodic updates. Where a trust is created, assets are retitled into the trust. Plans should be revisited periodically and after significant life events such as marriage, divorce, or the birth of a child.

Probate matters proceed on a different schedule. A relatively uncontested probate is often resolved within several months, while estates involving disputes, business interests, or unusual assets may require considerably longer.

What Should You Bring to Your Estate Planning Consultation?

Coming to the initial meeting with the relevant information allows the conversation to proceed productively. Clients are generally asked to bring the following:

• A list of significant assets, including real property, bank and investment accounts, retirement accounts, and life insurance policies
• The names and contact information of family members and intended beneficiaries
• Copies of any existing estate planning documents, including those that may be outdated
• Information concerning any business interests, trusts, or other unusual property holdings
• Notes regarding charitable intentions, preferences for guardianship of minor children, or other particular concerns

The initial meeting is generally devoted to understanding the client’s circumstances rather than producing finished documents. Clients should expect questions about their family, their property, and the outcomes they would prefer if they become unable to make decisions for themselves.

What Are Important Montana Legal Resources for Estate Planning Cases?

Montana law concerning wills, trusts, and probate is found principally in Title 72 of the Montana Code Annotated. The resources below may be useful to clients reviewing the state and federal materials that bear on estate planning matters:

• The Montana Code at Title 72 contains the state’s Uniform Probate Code provisions addressing wills, intestate succession, and the administration of decedents’ estates.
• The IRS estate tax page provides guidance concerning the federal estate and gift tax framework.
• The Social Security Administration explains the survivor benefits available to spouses and qualifying dependents.
• The Medicaid long-term services page describes the coverage relevant to elder law planning.
• The American Bar Association Real Property, Trust and Estate Law section publishes educational materials for the general public.

These resources serve as starting points only, and are not a substitute for legal advice. The law evolves over time, and the proper approach in any individual matter depends on facts that general guidance cannot adequately address.

Reach Out to Silverman Law Office, PLLC to Schedule a Consultation

Whether you are beginning the planning process, updating a plan that no longer reflects your circumstances, or attending to a probate matter following the loss of a family member, our Billings, MT estate planning attorneys are prepared to assist. The firm has guided Montana families through wills, trusts, tax planning, and probate for more than a decade. Contact us to schedule a consultation and begin developing a plan suited to your family’s circumstances.

Estate Planning Statistics in Billings

National survey data consistently show that most Americans do not have a will or any formal estate plan. A Pew Research Center study found that most adults do not create a will until their 70s, and those with higher incomes are significantly more likely to have one at any age. Separately, the 2026 Trust & Will Estate Planning Report found that 56% of American adults have no estate planning documents at all. In Billings, where the homeownership rate is 64.8% and the median home value is $343,400 according to the U.S. Census Bureau, many families have substantial property interests that would pass through probate without a plan. Montana’s lack of a state estate tax does not eliminate the need for planning. Federal estate tax thresholds, beneficiary designations, and ownership structures still require attention from a Billings estate planning attorney.

Questions to Ask an Estate Planning Lawyer Before Hiring

Choosing an estate planning lawyer is a decision that affects your family for years, sometimes decades. The attorney you select will draft the documents that govern who inherits your property, who makes medical decisions on your behalf, and how your affairs are handled if you become incapacitated. These are questions worth asking before you commit.

1. What types of estate plans do you draft most often? Some attorneys focus almost entirely on simple wills. Others regularly handle trusts, blended family provisions, and plans involving business interests or agricultural land. An estate planning lawyer in Billings, MT, who works across a range of plan types is more likely to recognize when a standard will won’t be enough, and to recommend alternatives like a living trust or transfer on death deed when the circumstances call for it.

2. How do you handle tax planning as part of the estate plan? Tax planning and estate planning overlap constantly, especially for families with real property, retirement accounts, or business interests. Ask whether the attorney considers federal estate and gift tax implications, income tax consequences of inherited assets, and state-level considerations. An attorney with a background in tax law brings a perspective that attorneys without that training often miss.

3. How often should I update my estate plan? The right answer is not “every five years” on a fixed schedule. It depends on what changes. Marriage, divorce, a new child, the death of a beneficiary, a move to another state, the purchase of significant property, or changes in the law can all trigger a need to revise the plan. The attorney should explain what kinds of events require updates and how those updates are billed.

4. Who will actually draft my documents? In some firms, a paralegal prepares the documents, and the attorney reviews them. In others, the attorney handles everything directly. Neither approach is inherently wrong, but you should know what you are paying for and who is doing the work.

5. Can you coordinate my estate plan with existing business interests? If you own a business in Montana, your estate plan needs to address succession. A business without a transition plan can create chaos for the remaining owners, employees, and family. Ask whether the lawyer handles business succession planning in addition to individual estate matters.

6. Do you help clients with powers of attorney and advance directives? An estate plan that only addresses what happens after death is incomplete. Financial and healthcare powers of attorney are necessary to protect you during your lifetime if you become unable to manage your own affairs. Ask whether the attorney drafts these alongside the will or trust.

7. What happens if someone challenges my will or trust after I die? No plan is challenge-proof, but certain drafting choices make a contest less likely to succeed. Ask how the attorney handles no-contest provisions, beneficiary expectations, and documentation of capacity at the time of signing. If the attorney has handled contested estates before, that experience matters.

8. How are your fees structured? Estate planning fees in Billings range depending on the complexity of the plan. Ask whether the attorney charges a flat fee for a standard will-and-trust package or bills by the hour. Ask what the fee includes and whether follow-up questions or minor revisions are covered. Knowing the cost structure upfront prevents billing disputes later.

Billings, MT Estate Planning Lawyer FAQs

How much does an estate planning lawyer in Billings cost?

Costs vary depending on the plan. A basic will may cost a few hundred dollars, while a plan that includes one or more trusts, powers of attorney, and tax planning will run higher. Most estate planning attorneys in Billings charge either a flat fee for defined packages or an hourly rate for more complex matters. We are happy to discuss fees during your first meeting.

Do I need a trust, or is a will enough?

That depends on what you own and who needs to be protected. A will is sufficient for many people with straightforward assets and clear beneficiaries. But if you own real estate in more than one state, want to avoid probate, or need to protect assets for a minor or a family member with special needs, a trust is usually the better option.

What happens if I die without a will in Montana?

Montana’s intestacy laws determine who inherits your property. A surviving spouse and children have priority, but the specific shares depend on whether all children are shared between the spouses. Without a surviving spouse or children, the estate may pass to parents, siblings, or more distant relatives. The court also decides who administers the estate.

Can I name a guardian for my children in my estate plan?

Yes. A will is the proper place to name a guardian for minor children. Without a designation, a court will choose a guardian, and the court’s choice may not match your preference. Naming a backup guardian is equally important in case the first choice is unable or unwilling to serve.

Should I include digital assets in my estate plan?

Yes. Email accounts, cryptocurrency, social media profiles, cloud-stored documents, and online financial accounts are all digital assets that need to be addressed. Without instructions, family members may not be able to access or close these accounts, and valuable assets could be lost entirely.

What is a power of attorney, and when does it take effect?

A power of attorney authorizes someone you choose to handle financial or medical decisions on your behalf. Some take effect immediately, while others activate only when you become incapacitated. Montana law requires specific language for healthcare directives, and the document must be signed while you still have capacity.

How does estate planning reduce taxes?

Strategic planning can reduce or defer federal estate taxes, gift taxes, and income taxes on inherited assets. Trusts, charitable giving, and proper beneficiary designations all play a role. An estate planning attorney with a background in tax law can structure a plan that addresses both current tax obligations and future exposure.

Can I change my estate plan after it is signed?

Yes. Wills can be amended through a codicil or replaced entirely with a new will. Trusts can be amended if they are revocable. Life changes such as marriage, divorce, the birth of a child, or the sale of real property all warrant a review. An outdated plan can be worse than no plan at all.

What is probate, and can I avoid it?

Probate is the court-supervised process of administering a deceased person’s estate. In Montana, probate is handled through the District Court. Assets held in a properly funded revocable trust pass outside of probate. Joint ownership and beneficiary designations also bypass the process for specific assets.

How do I protect my ranch or farm through estate planning?

Agricultural property involves unique planning challenges: land valuation, water rights, grazing leases, and generational transfer. Families with ranch or farm land in Montana should work with an attorney who understands both the legal instruments and the practical realities of keeping agricultural operations intact across generations.

Local Information for Billings Estate Planning Cases

Yellowstone County Probate Court and Local Resources

Probate matters in Billings are filed in the 13th Judicial District Court, located at 217 N. 27th Street. The Clerk of District Court schedules probate hearings and can be reached at (406) 256-2865. Estate planning documents such as wills, trusts, and powers of attorney do not need to be filed with the court during the planning stage, but certain instruments, including deeds and transfer documents, must be recorded with the Yellowstone County Clerk and Recorder. Federal estate tax questions can be directed to the IRS estate tax division, which publishes current exemption amounts and filing requirements.

What Are Important Local Resources for Billings Estate Planning?

Below are local offices commonly involved in estate planning and probate matters in Billings, MT. Inclusion on this list does not constitute an endorsement or recommendation by Silverman Law Office, PLLC.

• County Clerk and Recorder. (406) 256-2785. Records deeds, transfer-on-death deeds, and other property-related documents used in estate plans.
• County District Court. (406) 256-2851. Handles probate filings, guardianship proceedings, and conservatorship matters in Yellowstone County.
• Montana Department of Revenue. (406) 896-4000. Billings field office addresses property assessment and tax-related inquiries relevant to estate valuations.
• Billings Senior Center. (406) 657-8345. Community resource for elder care planning and referrals.

About Silverman Law Office, PLLC

Silverman Law Office, PLLC was founded by Joel Silverman, who holds a J.D. and an LL.M. in Taxation from the University of San Diego School of Law. Joel has over 20 years of experience advising families and business owners on estate planning, probate administration, tax strategy, and trust design. The firm operates from offices in Billings, Bozeman, Helena, Big Timber, and Butte.

What Our Clients Say

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“Estate Planning with Silverman Law Office, PLLC was easy and enjoyable. The office set up our appointment very efficiently, and our lawyer, Cody Lambert, was personable and full of knowledge about taxes and estate planning. He answered all of our questions and made the process very easy. Thank you so much!”

— Lynette Shepard

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Contact Silverman Law Office, PLLC

Whether you are creating your first estate plan or revisiting one that no longer reflects your circumstances, Silverman Law Office, PLLC is ready to help. Our estate planning attorneys work with individuals, families, and business owners throughout Billings and Yellowstone County. During your consultation, we will review your assets, discuss your goals, and explain the planning options and fees that apply. Contact us to schedule a consultation.