Estate Planning & Probate

A good plan today is better than a perfect plan tommorow.

Who Needs Estate Planning?  You Do!


Simply telling your family what your final wishes are isn't enough. Whether your estate is large or small you need to legally designate someone to manage your assets and make health care and financial decisions for you if you ever become unable to do so for yourself. ​


If you are a parent, drafting a will with an attorney lets you name an alternative guardian for your children. This is an important step to ensure the best opportunities for your children after you are gone.


If you fail to plan, a judge will appoint someone to handle your assets or personal care.  In the event of your death, your assets will be distributed to your heirs according to Montana law. But this may not be your choice of heirs and it could take years to have your assets distributed. A will gives you much greater control over who will inherit your assets after your death and give your loved ones peace of mind that your wishes are being followed.



What documents do I need?



When people think about estate planning, they generally think only about a will. Although a will is an important part of an estate plan, it only takes effect after you die. Other documents are needed to carry out your wishes and manage your assets in the event you are temporarily or permanently disabled. A Power of Attorney for both your medical decisions and managing your bills and assets is smart choice.


Are you ready to start planning your estate? Contact us today!
Having an effective estate plan is one of the most important things you can do for yourself and for your family. Whatever the reason, if you have not begun or have not completed planning your estate, the time is now to get started! Contact our office and let us help you today.


We can help you with:

  • Wills
  • Trusts
  • Financial Power of Attorney
  • Medical Power of Attorney
  • Medical Advanced Directives for Montana
  • Probate
  • Contesting a will
  • Appoint or remove an executor
  • Property division

Probate


If the deceased person created a will during their lifetime, that will is presented to the proper court and certain tasks must be performed. For example, debts and taxes must be paid, assests must be found and valued. Notice must be given to creditors. Finally, after all the necessary legal and paperwork has been completed, the property may be distributed as directed by a will or by Montana law.


​The Montana probate process can be fairly inexpensive; however, it can also become contentious, time-consuming, and costly if not done properly.


Toiling through probate alone can be overwhelming, especially during a time of grief. We have the experience needed to assist you through a difficult time. Contact us to discuss your specific needs and we can help.



In cases where there is no valid will, those interested in the estate will have to apply for administration, The probate Court will appoint an administrator to handle the estate.  This offers a way for beneficiaries to establish ownership of property and is most often used when the deceased dies without a will.


​Settling a loved one’s estate can be challenging during an already difficult time. Recently, the distribution of property has become more complex with extended families, family mobility and non-traditional situations. When someone passes away, the goal is to transfer property easily and quickly, and it is best to know the options available.

If you have lost a loved one in Montana and you need assistance in taking care of the property, debts, and loved ones they left behind, Bracken Law Firm will provide caring and effective service to you during this difficult time.

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