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Conditions of valid will. Any new will or codicil should be made by a person of a sound mind who is not under any undue influence or fraud or coercion. He should make the will in writing and sign it in the presence of at least two witnesses. The witnesses too are required to sign the will.
In Montana, any person over age 18 can make a will if your mind is rational and you are not under undue influence from another person. The will must be in writing; Montana law does not accept verbal or video wills. That does not mean, however, that you cannot have a video that shows you signing the will.
After an individual has passed away, the executor who is the person or people who have been appointed in the will to administer the estate is the only person entitled to see the will and read its contents.
A will is only enacted upon your death. It has some limitations regarding the distribution of assets, and wills are also subject to a probate process (which occurs in court and is overseen by a judge) and, as such, are part of public records.
Who can witness a will? Anyone 18 years and over can witness or sign a will, but importantly, a beneficiary cant witness a will, and neither can their spouse or civil partner. In many cases, people will ask a friend or work colleague to sign and witness the will.
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Your witnesses could be any two adults; friends, neighbours or co-workers. The witness cannot be a beneficiary of the will, the spouse of a beneficiary at the time of signing, or a minor. Each witness must be at least the age of majority and mentally sound.
If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
You can close many small estates in Montana by filing an affidavit. To qualify, you must show that: The estate has less than $50,000 in assets after it pays its debts.
If you are unmarried and die without a valid will and last testament in Montana, then your entire estate goes to any surviving children in equal shares, or grandchildren if you dont have any surviving children. If you die intestate unmarried and with no children, then by law, your parents inherit your entire estate.
What Are the Three Conditions to Make a Will Valid? The testator, or person making the will, must be at least 18 years old and of sound mind. The will must be in writing, signed by the testator or by someone else at the testators direction and in their presence. The will must be docHubd.

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