Will drafting and review for individuals and families throughout Billings.
If you do not yet have a will, or if your existing will no longer reflects your circumstances, the decisions about your property and the care of any minor children will fall to courts and family members rather than to you. A will sets out who receives your property, who manages your estate, and who cares for any minor children after death. Silverman Law Office, PLLC is the Billings, MT wills lawyers clients have turned to since 2012 for drafting, review, and updates of Montana wills, and for guidance on how a will fits within a broader estate plan.
Wills Lawyers Billings, MT
A will is a written document that directs how a person’s property is distributed after death and identifies the individuals responsible for carrying out that distribution. Under Montana law, a valid will must be in writing, signed by the person making it, and witnessed in accordance with statutory requirements. A will can also name a personal representative to administer the estate, designate a guardian for any minor children, set up trusts within the will itself, and address how specific items of personal property are to be handled. When a person dies without a valid will, Montana’s intestacy provisions step in and determine the distribution by formula, which may not match what the person would have chosen.
Types of Will Matters We Handle in Billings, MT
Our wills lawyers assist clients across the full range of will-related work, from a first will to ongoing updates as circumstances change. The matters our firm handles most frequently include the following:
- Initial will drafting. Preparation of a new will for a client who does not yet have one, including discussions about beneficiaries, personal representatives, guardians for minor children, and specific bequests.
- Will review and updates. Review of an existing will and amendment by codicil or replacement by a new will when family, financial, or geographic circumstances have changed.
- Wills for blended families. Wills that address children from prior relationships, stepchildren, second marriages, and the structuring of bequests that respect commitments to multiple sets of beneficiaries.
- Wills paired with trusts. Pour-over wills used in conjunction with a revocable living trust, and the coordination of testamentary provisions with the terms of the trust.
- Testamentary trusts. Trusts created within a will that hold and distribute assets for minor children, beneficiaries with special needs, or beneficiaries who would benefit from staged distributions over time.
- Guardianship provisions for minor children. Selection and designation of guardians and alternates for children under the age of majority.
- Personal representative selection. Choice of the executor (called a personal representative under Montana terminology), discussion of fiduciary duties, and designation of alternates.
- Self-proving affidavits. Execution of affidavits that allow a will to be admitted to probate without requiring the witnesses to later appear in court.
- Will contests. Representation of family members or beneficiaries challenging the validity of a will, and defense of a will against a challenge.
- Coordination with broader estate planning. Integration of the will with powers of attorney, healthcare directives, beneficiary designations on retirement accounts and life insurance, and any trusts already in place.
Why Choose Silverman Law Office, PLLC as my Wills Lawyer in Billings, MT?
Wills Drafted with Probate in Mind
Joel Silverman, the founder of Silverman Law Office, PLLC, holds both a J.D. and an LL.M. in Taxation from the University of San Diego School of Law and brings more than twenty years of legal experience to the firm. He is admitted to the State Bar of Montana, the U.S. District Court for the District of Montana, and the U.S. Tax Court. Because the firm’s broader practice includes probate administration, wills are drafted with attention to the questions that arise when the document is later presented for admission. That includes execution formalities under Montana law, the identification of assets that pass outside the will, and provisions that reduce the likelihood of disputes among beneficiaries.
An Office Presence Across Montana
Wills work often involves clients with property and family in more than one part of the state. The firm operates offices in Bozeman, Helena, Big Timber, Butte, and Billings, with more than ten attorneys on staff. Clients with assets in multiple counties, family members located in different places, or business interests across the state can be served from whichever office is most convenient. The Billings office, located on Central Avenue, handles wills work for clients in Yellowstone County and the surrounding region. The firm coordinates the will with powers of attorney, healthcare directives, and trust planning so the document fits within a broader plan rather than standing alone.
Billings Wills Infographic
Understanding Wills Cases
Key Provisions of a Montana Will
A Montana will typically includes a recognizable set of provisions, even though the specific language and emphasis varies from one document to the next:
- Identification of the testator: The full legal name of the person making the will and a statement that the document is intended to serve as a will.
- Revocation of prior wills: A clause revoking any earlier wills and codicils, to avoid conflicting documents.
- Personal representative designation: Naming of the personal representative responsible for administering the estate, with one or more alternates.
- Guardianship designation: Selection of a guardian for any minor children, with alternates.
- Specific bequests: Distributions of particular items or sums to named individuals or charities.
- Residuary clause: Direction of the remaining assets after specific bequests are made, often to a spouse, children, or a trust.
- Testamentary trust provisions: Where applicable, trust terms governing distributions to children, grandchildren, or beneficiaries with special needs.
- Execution formalities: Signature of the testator, signatures of witnesses, and often a self-proving affidavit notarized to streamline later admission to probate.
Some wills are short and direct, while others run many pages because of the underlying assets and family structure. The provisions chosen depend on what the person owns, who the intended beneficiaries are, and how the will needs to interact with other planning documents.
What Are Important Aspects of a Wills Case?
The right approach to a will depends on the client’s circumstances rather than a single template. Factors that commonly shape the document include:
- The size and composition of the estate, including real property, financial accounts, retirement accounts, and business interests
- Family structure, including spouses, children, stepchildren, and other potential beneficiaries
- Whether minor children are involved and the need for guardianship and management provisions
- Existing beneficiary designations on accounts that pass outside the will
- Tax considerations that may affect how the estate is structured
- Charitable intentions and the inclusion of bequests to organizations
- Anticipated changes such as relocation, business succession, or the sale of significant assets
A first conversation usually clarifies which of these factors apply and which do not. Some clients arrive with a clear plan already in mind, while others need help thinking through the choices before any drafting begins.
What Is the Wills Case Timeline?
The timeline for a will depends on the complexity of the situation:
- Initial drafting. A straightforward will can often be drafted, reviewed, and executed within a few weeks of the first meeting.
- Complex drafting. Wills involving blended families, business interests, or testamentary trusts may require a series of meetings over a few months.
- Codicil or amendment. A modest update by codicil can typically be prepared and signed within a few weeks of the request.
- Will restatement. A full restatement of a will follows the same pattern as initial drafting and depends on how much has changed.
- Probate admission. After death, a personal representative files the will with the district court in the county of residence, and admission to probate proceeds according to the court’s schedule.
Postponing the conversation does not change the work that needs to be done, but it does reduce the time available for review and revision before the will is needed.
What Should You Bring to Your Wills Consultation?
The first consultation focuses on understanding the client’s situation and the choices that need to be made. Clients are usually asked to bring whatever is readily available, which may include:
- A list of current assets, including real property, financial accounts, retirement accounts, and business interests
- Existing estate planning documents, including any prior will, trust, or power of attorney
- Beneficiary designations on retirement accounts, life insurance, and similar instruments
- Information about family members who may be named as beneficiaries, personal representatives, or guardians
- Any prenuptial or postnuptial agreement that affects property rights
- Notes on charitable gifts or specific bequests the client is considering
The first meeting focuses on what the client wants to accomplish and the order in which the open questions should be addressed.
What Are Important Montana Legal Resources for Wills Cases?
Wills in Montana are governed by state probate provisions, federal tax rules that affect larger estates, and procedural rules in each district court. The resources below may help in researching the framework that applies:
- The Montana Code at Title 72 governs wills, probate, and estate administration in Montana.
- The IRS estate tax page describes the federal estate tax framework that may apply to larger estates.
- The IRS gift tax page outlines the rules for lifetime transfers that interact with testamentary planning.
- The Montana Judicial Branch end-of-life forms page provides last will, living will, and transfer-on-death deed forms used by Montana residents.
- The American Bar Association estate planning resources page collects educational materials on wills and related topics from across the country.
These sources serve as starting points and do not replace legal advice from an attorney familiar with the specific situation.
Reach Out to Silverman Law Office, PLLC to Schedule a Consultation
If you are ready to put a will in place, or your existing will needs review, our Billings wills lawyers can help you work through the questions. The firm assists individuals and families throughout Yellowstone County and across Montana with drafting, review, updates, and probate-related questions about wills. Contact us to schedule a consultation and discuss what your situation calls for.
