Counsel for Montana families and individuals who want control over what happens to their property and their legacy.
An estate planning attorney with graduate-level tax training and more than 20 years of experience serving clients across Montana.
An estate plan determines how your property is held during your lifetime, who has authority to act on your behalf if you cannot, and how your assets will transfer when you are no longer here. Without a plan in place, Montana’s intestacy rules govern who receives your property, and the resulting probate process can stretch over months while family members wait for a court to appoint a personal representative. At Silverman Law Office, PLLC, we work with individuals and families throughout Lewis and Clark County on matters that range from a single will to a multi-generational wealth transfer strategy. Our founding attorney earned both a Juris Doctor and a Master of Laws in Taxation, which allows the firm to address the legal and tax consequences of estate planning decisions in one engagement. If you are considering a will, a trust, or a broader plan that accounts for property and family circumstances, speak with our Helena, MT estate planning attorney during a confidential consultation.
Estate Planning Attorney Helena, MT
The decisions a person makes about property, beneficiaries, and fiduciaries affect everyone who depends on that person financially. A parent with minor children needs to designate who will manage assets on their behalf. A property owner with land in multiple counties may hold title in ways that create unintended tax exposure. A business owner whose company operates as a sole proprietorship has no mechanism for transferring the operation at death unless a plan is in place. The right approach depends on the person’s family, assets, and objectives.
Montana law provides several tools for transferring property at death or during an owner’s lifetime. Wills, revocable trusts, irrevocable trusts, beneficiary designations, and transfer-on-death deeds each carry different consequences for taxation, probate, and control over assets. Choosing between a will or a trust depends on the size of the estate and whether probate avoidance is a priority.
Estate planning also involves documents that take effect while the owner is alive. A financial power of attorney allows someone you designate to manage your accounts if you become incapacitated. Health care directives and living wills give another person authority to make medical decisions on your behalf. Without these documents, a family member who needs to pay bills or authorize treatment may have to petition a court for appointment.
Types of Estate Planning Cases We Handle in Helena
Our estate planning lawyers work with individuals and families in Helena and throughout Lewis and Clark County on these types of matters.
- Wills. A will directs how your property will be distributed after death and names the personal representative who will administer the estate. A will that does not account for all of the owner’s property may leave some assets subject to intestate succession rules. We prepare wills that address specific bequests and residuary distributions.
- Revocable and irrevocable trusts. A trust allows property to pass outside of probate and provides a framework for managing assets during the owner’s lifetime. Revocable trusts give the grantor continued control, while irrevocable trusts offer advantages for tax planning and asset protection. We advise on trust structures that protect assets for future generations.
- Powers of attorney and advance directives. A financial power of attorney and a health care directive give someone you designate authority to act on your behalf during incapacity. We draft these documents to reflect the scope of authority you intend to grant and the limits you want in place.
- Estate tax and wealth transfer planning. Federal estate and gift tax rules affect how much of an estate reaches its intended beneficiaries. The structure of lifetime gifts, trust funding, and beneficiary designations all influence the tax outcome. We advise on strategies that minimize tax consequences while preserving flexibility to adjust the plan over time.
- Probate. When a person dies with or without a will, the estate typically passes through Montana’s probate process. This involves validating the will, appraising assets, notifying creditors, and distributing property. We represent personal representatives and beneficiaries through estate administration in Lewis and Clark County.
- Elder law. Planning for long-term care, protecting against financial exploitation, and structuring assets to address public benefit eligibility intersect with estate planning. We advise older adults and their families on plans that address these issues without compromising access to resources.
- Blended family estate planning. Second marriages, stepchildren, and children from prior relationships create questions a standard will or trust may not resolve. Dividing assets between a surviving spouse and children from an earlier marriage requires careful drafting. We structure plans for blended families that balance competing interests and reflect the owner’s intentions.
- Agricultural and ranch estate planning. Lewis and Clark County includes working ranches where land, water rights, and equipment may represent the family’s primary wealth. Transferring a ranch or farm to the next generation while keeping the operation intact requires planning that addresses valuation, tax basis, and the interests of heirs not involved in daily operations.
Estate Planning Infographic
Why Work with Silverman Law Office, PLLC for Estate Planning in Helena?
Legal and Tax Background Applied to Estate Plans
Joel Silverman founded Silverman Law Office, PLLC and has practiced law for more than 20 years. He earned his Juris Doctor and Master of Laws in Taxation from the University of San Diego School of Law and a Bachelor of Arts from the University of Colorado.
Estate planning decisions carry tax consequences that outlast the plan itself. The choice between a revocable and an irrevocable trust affects income tax treatment during the grantor’s life and estate tax exposure at death. Lifetime gifts reduce the taxable estate but trigger gift tax reporting obligations. Transferring appreciated property at death preserves a stepped-up basis for the beneficiary, while a lifetime transfer does not. Joel’s graduate training in tax law allows him to evaluate these consequences during the planning process. He is admitted to practice before the State Bar of Montana, the U.S. District Court for the District of Montana, and the U.S. Tax Court, and is a member of the American Bar Association Section of Real Property, Trust and Estate Law.
The Helena Area Chamber of Commerce named Joel Businessperson of the Year, and he has been voted Best Attorney in Helena. He serves on boards for the Montana Business Assistance Connection and the Helena College Foundation. As an estate planning lawyer in Helena, MT, Joel works with individuals and families across Lewis and Clark County where property, family circumstances, and tax rules intersect.
What Our Clients Say About Working with Us
Clients describe the firm as thorough, accessible, and attentive to the details that affect how a plan performs over time.
What Should You Know About Estate Planning?
How Estate Planning Affects Families and Property Owners in Montana
These are areas where individuals and families in Lewis and Clark County face significant obligations related to estate planning.
- A will that does not account for all of the owner’s property may leave certain assets subject to intestacy rules, which distribute property by formula rather than the owner’s wishes.
- A trust that is created but never funded provides no benefit, because the assets remain in the owner’s name and pass through probate as though the trust did not exist.
- Powers of attorney that are too narrow may not give the agent authority to handle the decisions that arise, while those drafted too broadly may expose the principal to risk.
- Property held in joint tenancy passes automatically to the surviving owner at death, which can bypass the distribution plan in a will or trust.
- Beneficiary designations on retirement accounts and insurance policies override a will, and designations not updated after a divorce can direct assets to the wrong person.
- An estate plan that does not address income tax basis may leave beneficiaries with capital gains exposure when they sell inherited property.
Issues That Come Up in Estate Planning
Certain problems appear consistently when individuals and families in the Helena area create or update their estate plans.
The most common is delaying estate planning until a health event or family crisis forces the conversation. A plan created under pressure often reflects the urgency of the moment rather than the owner’s long-term intentions, and documents signed during diminished capacity may face challenges later.
Another recurring problem involves plans that have not been kept updated. A will or trust drafted years ago may name a former spouse, omit a child born after the document was signed, or fail to account for property acquired since. Montana law addresses some of these gaps, but the defaults may not match what the owner would have chosen.
Property owners who hold assets in several forms sometimes overlook how those forms interact. A beneficiary designation on a retirement account operates independently from a trust, and a deed that adds a joint tenant can override the distribution a will directs. Reviewing the key documents in a complete estate plan helps identify these conflicts before they cause problems.
Preparing for Your Estate Planning Consultation
Arriving with the right materials helps us evaluate your situation and provide specific guidance.
- A list of significant assets, including real property, financial accounts, retirement accounts, and life insurance policies.
- Copies of any existing wills, trusts, powers of attorney, or health care directives.
- Beneficiary designation forms for retirement accounts and insurance policies.
- Deeds, title documents, or legal descriptions for real property you own.
- Information about business interests, including operating agreements or partnership agreements.
- A list of the people you want to name as beneficiaries, fiduciaries, or agents.
Lewis and Clark County Court and Local Resources
Estate planning and probate matters in Lewis and Clark County proceed through the 1st Judicial District Court, located in Helena.
The Montana Legislature publishes the Montana Code Annotated, which includes provisions governing wills, trusts, probate, and powers of attorney. The Internal Revenue Service publishes guidance on federal estate and gift tax requirements. The Montana Department of Revenue administers state tax obligations relevant to property transfers.
Speak with an Estate Planning Attorney at Silverman Law Office, PLLC
If you need to create an estate plan, update one that no longer reflects your circumstances, or address a question involving property and taxes, acting before a crisis develops gives you time to make deliberate choices. Our estate planning attorneys in Helena, MT serve individuals and families throughout Lewis and Clark County. Contact us to schedule a consultation.
