Missoula Wills & Probate Lawyer, Montana


Includes: Estate Administration, Living Wills, Wills

Susan J Callaghan

Family Law, Franchising, Banking & Finance, Wills & Probate
Status:  In Good Standing           

Gary B. Chumrau

Employment, Health Care Other, Banking & Finance, Wills & Probate
Status:  In Good Standing           

P. Mars Scott

Landlord-Tenant, Wills & Probate, Divorce & Family Law, DUI-DWI, Real Estate
Status:  In Good Standing           Licensed:  41 Years

Scott Manning

Elder Law, Wills & Probate, Estate Planning
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

Member Representative

Call me for fastest results!
800-943-8690

Free Help: Use This Form or Call 800-943-8690

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Email, Phone, Text Messages, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.

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LEGAL TERMS

DEVISEE

A person or entity who inherits real estate under the terms of a will.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

FAMILY POT TRUST

See pot trust.

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

CREDIT SHELTER TRUST

See AB trust.

SAMPLE LEGAL CASES

In re Estate of Marchwick

... 5 Marchwick filed an application of informal probate of will and appointment of personal representative on April 27, 2007. ... Marchwick filed a petition for a formal order acknowledging revocation of probate and non-probate transfers by divorce on June 13, 2008. ...

In re Estate of Lightfield

... She was survived by her two children, Lee Lightfield and Linda Carlsen. Each child desired probate of a different will signed by Aileen. ... Linda does not appeal. ¶ 2 We restate the issues as follows: ¶ 3 1. Did the District Court err in denying probate of a holographic will? ...

IN THE MATTER OF ESTATE OF GLENNIE

... The order dismissed Bruce's objection to admit Thomas Glennie's (Thomas) September 2009 will to probate, and to set aside the Cattle Sale and Options Agreement and Lease-Cattle Agreement (collectively "Agreements"). ... Bruce filed an objection to probate Thomas's will. ...