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Helena Estate Planning Attorney

Helena Estate Planning Attorney

Helena Estate Planning Attorney

Our Helena estate planning attorney that residents trust has the knowledge and skills necessary to assist you in planning for the future. While it may be tempting to set your estate plan aside, it’s imperative that you not put yourself at risk, especially when the unexpected occurs. We can help you understand each essential element to your estate plan and ensure that nothing is left out. Get started with Silverman Law Office, PLLC, a Helena estate planning attorney you can rely on to help put your affairs in order. 

Popular Myths About Estate Planning

You may be thinking of planning your estate but have several unanswered questions about what you need, when you should begin, and whether you even are required to have an estate plan! As a Helena estate planning attorney, we often hear from those interested in an estate plan. What we have found is that a majority of the information relayed to us is not exactly true. The following is an attempt to dispel some of the most common myths about estate planning. If you have any further questions, please consult a Helena estate planning attorney. 

Estate Plans Are Only for Wealthy People

This is the most common myth about estate planning. The truth is that everyone can benefit from having some kind of estate plan. Even those who have no assets should consider tools like a medical directive and power of attorney. Without an estate plan, our Helena estate planning attorney shares that the court will have the right to decide on questions like:

  • What will happen to you if you become incapacitated?
  • Who will take care of you if you can no longer make decisions?
  • What will happen to your minor or disabled adult children if you are incapacitated or die?
  • Who will be given your assets upon your death?
  • Will you be buried or cremated?
  • Do you wish to donate your organs upon your death?

If you don’t plan your estate, a judge can decide on the matters above, and more, according to the laws in the state. Most people would not be comfortable knowing this, so it is crucial to plan your estate with a Helena estate planning attorney.

The State Will Get All Your Assets

In a limited number of circumstances, the state can inherit your assets. This is very rare, however. If you die without an estate plan or will, your assets will go to your living spouse if you are married. If you are not married, or a widow, your children will receive your assets. Our Helena estate planning attorney shares that when this is not applicable, your living parents, siblings, or extended family will likely inherit your belongings. Only if there are no surviving family members will the state have a chance at inheriting your assets. 

An Estate Plan Can Be Done Just Once

Many people think that once an estate plan has been drafted, it can never be amended. This is not true. You can modify your estate plan as often as possible. This would be expensive and time-consuming. It also increases the risk of a dispute. As a Helena estate planning attorney might recommend, you should carefully think about everything before you draft the documents. Whenever there are life events, you should ensure your estate plan is updated to meet them as best as possible. 

Estate plans can help to secure your future and that of your loved ones. They are not something to ignore, and there is never a time that you don’t need one. You cannot be too young or too old to have an estate plan. If you are ready to plan your estate, call an estate planning attorney in Helena today. Call Silverman Law Office, PLLC.

Don’t Put Yourself and Your Family at Risk

Estate plans can be easy to push to the back of your mind. After all, there will be plenty of time to get it done. While we hope that you live a long and fulfilled life, unfortunately, the unexpected can occur. Don’t leave your family vulnerable to the challenges that could come should something happen to you without a plan in place. Call our Helena estate planning attorney so that we can help you. Risks for not having an estate plan include: 

  • You will not have the ability to choose how your assets are distributed, and to whom, the courts will assign an executor to make this decision for you
  • There is a higher likelihood for familial conflict when there is no estate plan in place, as it’s likely that family members will have differing views over how your affairs should be handled
  • Our Helena estate planning attorney shares that you risk not having a guardian appointed to care for children under the age of 18
  • Your loved ones will not have guidance from you regarding end-of-life care if you are suddenly incapacitated

When someone passes away, the family is left to weather the storm, managing their loved one’s affairs and grieving their passing. Without a plan in place, our Helena estate planning attorney has seen first hand the challenges your loved ones may be left to contend with. Mitigate the chance for complications by contacting the Silverman Law Office, PLLC.

Get Started with Silverman Law Office, PLLC

While it can be easy to put off creating your estate plan for another day, the time to get started is now. Give yourself the peace of mind both you and your loved ones deserve by contacting our Helena estate planning attorney. Our team will make the process of developing your estate plan as easy and pain-free as possible. You can expect that our attorney will:

  • Reduce estate taxes so that your loved ones can retain as much of your wealth as possible 
  • If you become incapacitated and unable to make decisions on your own, you will need to have someone identified as power of attorney and a medical health care directive in place.
  • Our Helena estate planning attorney can provide insight into estate planning law when making critical decisions pertaining to your estate
  • Have the most up to date knowledge regarding estate planning laws in Montana
  • Gather as much information from you as possible to develop an estate plan that far exceeds your expectations
  • Continue to update your estate plan when necessary, or every 3-5 years

Don’t put off the creation of your estate plan for another day; put your affairs in order so that your family will have a clear picture of your wishes when the time comes. For more information, please schedule an appointment today with our Helena estate planning attorney. 

Silverman Law Office, PLLC, can provide Montana residents with the guidance they need to develop their estate plan. Give yourself the ability to make critical decisions over how your assets will be managed, and your affairs settled after you are gone. To get started, call our Helena estate planning attorney at Silverman Law Office, PLLC.

Key Elements to Include in Your Estate Plan

Developing an estate plan includes far more than just a will. Our Helena estate planning attorney shares that an estate plan will include a variety of necessary elements. Be aware that an estate plan is more than just a plan for after you have passed away, it can also include critical decisions for while you are still alive. At Silverman Law Office, PLLC, we can help you develop a plan that leaves nothing to the imagination. We can provide you with the guidance needed to ensure that your estate plan is comprehensive and that you have shared your wishes with those close to you.

The Last Will and Testament

Our Helena estate planning attorney will share with you that the last will and testament outlines your final wishes in the event of your passing. A will outlines your assets and how they will be distributed. Your will includes critical decisions such as beneficiaries, guardians for your children, and how your debts will be paid. 

Medical Directives

A healthcare directive or living will, outlines your wishes for end of life treatment. If you become ill or incapacitated, you will want to make sure that your loved ones have a clear picture of your final wishes. Our Helena estate planning attorney knows that no one wants to face a tragic event. However, you should always make sure that you are prepared for the unexpected. 

Power of Attorney

You will need to appoint someone to be your healthcare power of attorney and financial power of attorney. The healthcare power of attorney is responsible for making decisions regarding your healthcare. A financial power of attorney is someone who is appointed to make financial decisions if you are unable to. The appointed party will be responsible for stepping in to manage your financial affairs, such as bill paying and critical financial decisions. 


Our Helena estate planning attorney may recommend that you consider creating a trust. You can develop a trust whether you are living or have passed away. You may have the ability to place assets into a trust for beneficiaries. A trust will allow you to keep some of your assets out of the probate process and develop specific instructions for how assets are distributed to heirs. 

Talking to Your Family

Once you have developed your estate plan, you must speak with key family members to share your wishes. While this will be a difficult conversation to have, it is critical for many reasons. Our Helena, Montana estate planning attorney, shares that you must have these conversations ahead of time. Speaking with your family can mitigate the risk of complications down the road. Here are some tips for talking with your family about your estate plan:

  • Pick the right time
  • Speak with your adult children
  • Share with them who the executor is 
  • Tell them where they can find all necessary documents

Our Helena estate planning attorney knows that the thought of putting together your estate plan can seem like a cumbersome process. At Silverman Law Office, PLLC, we can assist you in making the process as straightforward and stress-free as possible. We can take the time to listen to your needs and ensure that an estate plan is created that keeps your best interests at heart. Don’t drag your feet any longer; contact our Helena estate planning attorney to get started. 


Fill out the form below to get in touch with our legal team or call Bozeman office at (406) 582-8822 or our Helena office at (406) 449-4829 to talk to someone right away.