Legal counsel for elders, including assistance with Medicaid and estate planning
November 10, 2022
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Experienced Probate Attorney Bozeman to provide you with unparalleled support and guidance for estate planning and distribution

Probate can be long, stressful and arduous as it involves a lot of documentation, legalities, and negotiations, needless to mention the time consumed in it. It’s a legal process that an individual’s will, assets, and belongings go through after an individual has died. When you are in charge of handling an estate, you must navigate the probate court system and comply with court guidelines and schedules. Probate is not a legal DIY fix, you will have to execute complicated will provisions, secure a probate bond, create complex court-required documents, and a lot more, that you may find overwhelming, and may not have the legal knowledge to do it the right way.

Your probate attorney Bozeman will help you navigate easily through the probate process as they are state-licensed lawyers who can help the Executor of a Will, if one is appointed, or the beneficiaries of an estate through probate. The service of probate attorney Bozeman includes finding and inventorying assets of the estate to understanding and paying all debts, settling the estate, and more.

The probate attorney Bozeman works with living clients to draft wills, trusts and living trusts, and the power of attorney (POI). They work with families in Bozeman who need eldercare planning, and also help clients reduce their liability of inheritance taxes. If a deceased person had a valid Will before they died, a probate lawyer may be hired to guide the administrator through the steps of the probate process as per the terms of the Will. If the Will is challenged on any ground, like it being invalid or signed under duress, then the probate attorney Bozeman may represent a party in probate legitimation.

What if there is no Will?

If the deceased died without a Will, then he or she is said to have died intestate, and Montana inheritance law will determine who inherits the estate. The surviving spouse may receive all or half of the deceased property. Note that both the probate attorney and estate administrator are bound to distribute property according to Montana’s intestacy laws. A relative who wants to be the estate’s administrator must secure renunciations from the decedent’s other relatives, which is a legal statement to renounce one’s right to administer the estate.

Some of the services provided by probate attorneys in Bozeman include:

  • Identifying all estate assets
  • Determining and paying inheritance taxes
  • Paying all debts and final bills
  •  securing appraisals for the decedent’s assets
  • Preparing and filling all court documents
  • Collecting life insurance policy proceeds
  • Establishing an estate account with a bank
  • Managing the estate’s checkbook
  • Retitling assets in the name of beneficiaries
  • Making the final distribution of the estate and its assets

Probate isn’t always necessary, if the individual’s assets were under a certain amount, as per the state laws, they can sometimes be distributed to heirs without probate. Accounts with listed beneficiaries, trusts, insurance policies, and individual retirement accounts (IRAs) are transferred directly to the named beneficiary, rather than going through the probate.

At Montana Elder Law, you can hire qualified and experienced probate attorneys Bozeman who will help you with all procedures of probate, like setting up guardianship, creating a Will, or writing a Trust. The creation of the trust makes the process a bit private, but probate attorney Bozeman can still help the Trustee administer the Trust in a smooth manner. The probate attorney Bozeman will provide you with unparalleled support and guidance to simplify the entire process for you. Montana Elder Law firm’s services are also available in Billings, Butte, Kalispell, Helena, Missoula, and Great Falls in addition to Bozeman.