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Legal Last Will and Testament for Married person with Minor Children from Prior Marriage - Montana

Legal Last Will and Testament for Married person with Minor Children from Prior Marriage - Montana 2025

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The document provides detailed instructions for completing a Last Will and Testament specifically designed for individuals in Montana who are married with children from prior marriages. It outlines the necessary fields to fill out, including personal information, specific bequests, distribution of property, appointment of guardians and trustees, and other legal provisions. The will emphasizes the importance of proper execution in front of witnesses and includes additional information about joint property and intestate succession laws.

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What are the requirements for a will in Montana?

A will must be in writing. Verbal or video taped wills are not legally recognized by federal law. A will should be signed by the maker, dated, and witnessed by two disinterested persons age 18 and over. Disinterested means the witnesses cannot be named as beneficiaries in your written will.

What problems arise for someone who dies intestate?

Courts prefer to honor your final wishes, but if you die without a will (intestate), theyll have no choice but to divvy up your assets ing to the laws of the state in which you lived. If you die without a valid will or any will, youll have no say over what happens to the things you leave behind.

Who is the next of kin in Montana?

The next of kin that inherit in Montana depend on the other survivors of the decedent. The next of kin most closely related to the decedent inherit before more remote relatives, starting with the surviving spouse. The laws of intestate succession in Montana can be found in Montana Code 72-2-112 and 72-2-113.

Does a last will and testament override a marriage?

In most, if not every, state, the marriage does not invalidate the existing will. His existing will is still valid. In most states, a surviving spouse has rights to elect against a will, meaning that if he dies with that will in place, you would have some rights to his estate even though you arent in the will.

Who is first in line for inheritance?

Generally, the decedents next of kin, or closest family member related by blood, is first in line to inherit property.

Do all wills go through probate in Montana?

Under Montanas probate laws, you can distribute certain types of property and assets without a probate courts approval. They include: Accounts with a named beneficiary, such as life insurance policies and retirement funds. Assets and property that is held in a living trust.

What are the intestacy laws in Montana?

If you die intestate in Montana, your children are entitled to part of your estate, depending on if you also leave behind a spouse, how many children you have, and if you have children with someone other than your spouse. Die with children but no surviving spouse and your children inherit everything.

Legal Last Will and Testament for Married person with Minor Children from Prior Marriage - Montana 2025

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