Kalispell Estate Planning Lawyer

(406) 752-7550

Do you know what will happen to your assets when you die? Will your family be protected? Here at Travis, Moore & Brann PLLP, our Kalispell estate planning attorney has the experience and skills to help you create an estate plan that will keep your assets performing for those you love long after you pass.

Call us today at (406) 752-7550 or contact us online to get started.

Why Plan Your Estate?

If you haven’t made a strategic estate plan with an estate planning lawyer, your assets may pass to the people the state of Montana believes should inherit rather than those you know will need your assets. Don’t leave the distribution of your hard-earned assets to the state. Our dedicated legal team works closely with you to ensure that every aspect of your estate plan is meticulously crafted. Whether you’re starting fresh or updating an existing plan, our estate planning attorney can help you handle the complexities of creating and updating your estate plans. Our law firm specializes in estate planning services, probate, and trust matters. We ensure your legal needs are properly addressed. Our estate lawyers can help you safeguard your legacy and simplify the complex world of wills, trusts, and probate.

ESSENTIAL ELEMENTS OF ESTATE PLANNING

Which estate planning documents you include in an estate plan will depend on the specifics of your particular goals. According to estate laws, these are the essential components of an estate plan:

Your will

Who will inherit your belongings in the estate planning process? Proper legal representation ensures that your will is legally sound and reflects your true intentions. Hiring a qualified probate attorney as part of your estate planning services is important. They can handle the complexities of will creation and the probate process. A will provides a clear, legally binding plan for distributing your assets and can appoint a guardian for minor children.

Trusts

Estate planning services, like trusts, offer more flexibility and privacy than wills. This enables you to manage asset distribution efficiently. Trust administration ensures the proper handling and distribution of assets after an individual’s death. Our firm provides comprehensive legal support to ensure your trusts are administered correctly and efficiently. They can also help minimize estate taxes and avoid probate.

Advance directive

In Montana, an advance directive is an estate planning service called a “Declaration Relating to Use of Life-Sustaining Treatment.” Proper legal documentation is essential to ensure medical professionals recognize and follow your advance directive. With this document, you can make your wishes known about the medical care you would choose if you become incapacitated. You can register your advance directive with Montana’s End of Life Registry. This is so that all your medical providers can access it, should they need it.

Durable powers of attorney

Using a durable power of attorney (POA) as part of your estate planning services, you can appoint someone else to handle your financial or other affairs. Granting legal authority through a power of attorney ensures that your financial and personal matters are managed according to your wishes. It is crucial to obtain legal guidance when appointing someone to protect your interests. In Montana, all POAs are durable unless they contain language that expressly terminates the POA upon the incapacity of the person who created it.

Guardianship and Conservatorship

You’ll be able to address your estate planning needs by appointing a guardian and conservator for your minor children as part of your estate planning services. The guardian looks after the health and well-being of the children. The conservator manages and distributes assets left for their care until they come of age. Our legal expertise ensures that the appointment of a guardian or conservator is handled with the utmost care and precision.

Business Succession Plans

If you’re a business owner, ensure your business continues to operate smoothly after your passing by crafting a clear succession plan. You could also craft a buy-sell agreement as part of your estate planning services. Our firm offers tailored legal strategies to ensure a smooth transition and continuity of your business operations. These documents can help minimize disputes and keep the company running.

These elements can be crucial in securing your legacy and providing peace of mind for you and your family. Our team of Kalispell estate planning attorneys at Travis, Moore & Brann PLLP can guide you in building a comprehensive plan that covers all these aspects.

Benefits of Creating an Estate Plan

For some people, creating a will and advance directive will be a thorough estate plan, but understanding the estate planning services is essential. A well-structured legal framework ensures that your estate plan provides long-term protection and clarity. However, addressing legal matters comprehensively ensures long-term protection and clarity throughout the legal process. For others, though, there may be reasons to include other documents.

When a person dies, their estate will go through the probate process. In Montana, that means that someone will file the will with the probate court. The court will verify the will. The probate process is public, meaning any assets you pass to your heirs through your will can be discovered as they will be listed in your will, which becomes a public record.

Protecting Your Privacy

Trusts provide an excellent estate planning service to shield your beneficiaries from the probate process. This reduces the chances of disputes and keeps your fiscal details private. Trusts offer robust legal protection, protecting your assets from public scrutiny and potential disputes. A living trust, for instance, allows your assets to transfer directly to your heirs without probate court proceedings. An irrevocable trust offers additional privacy and asset protection because the trust legally owns the assets, making them unavailable to most creditors. Charitable remainder trusts provide a way to donate to a cause while still benefiting your heirs. This maintains confidentiality about the value of your estate. Special needs trusts can help you care for a loved one with disabilities. This ensures they receive their inheritance while keeping their government benefits intact. Our Kalispell estate planning lawyers will help you understand which types of trusts best meet your privacy goals and personal needs.

Minimizing Taxes

If you are concerned about estate taxes or income tax for your heirs, careful estate planning services can help. Our firm employs effective legal strategies to minimize the tax burden on your estate. We can also maximize the inheritance for your beneficiaries. Fortunately, Montana does not have an estate tax, but federal estate taxes could be an issue if your estate is large. Proper planning can reduce the impact of taxes, allowing more of your estate to reach those you love.

Creating Your First Estate Plan

If you’ve never had an estate plan before, you might feel overwhelmed with the estate planning services and all the possibilities. A thorough legal consultation with a Kalispell estate planning attorney is the first step in understanding your estate planning needs and options. Our seasoned estate planning team can guide you through every step. Our Kalispell estate planning attorneys have years of law school and trial experience, preparing them to advise you on legal matters related to estate planning and probate. First, you’ll discuss your goals and family situation. Who will inherit your assets? Do you have minor children who will need a guardian? Do you own a business that should pass to a successor? We’ll listen to your concerns and recommend what should be included in your plan. Then, we’ll draft the appropriate documents to reflect your priorities, goals, and wishes.

Updating an Existing Plan

Have you experienced significant life changes, like a marriage, divorce, or the birth of a child? Estate plans should evolve with your life. If it’s been a while since you last updated your documents, a Kalispell estate planning attorney can review your existing documents to ensure they align with your wishes. You don’t want outdated documents leaving out new family members or an ex-spouse a significant share of your assets.

Facing the Probate Process

Once a person dies, the executor named in the will, often with the assistance of an estate planning attorney, takes the will to the probate court. This is to validate the wills part of the estate planning services. Handling the legal proceedings of a probate court can be complex, but our firm is here to guide you through every step. Effective probate administration services are important in managing the probate process efficiently. The executor will then be responsible for inventorying the estate and paying the estate’s debts, including any taxes. They will also distribute the remaining assets as laid out in the will. Assets that typically pass through probate include those solely owned by the deceased. This includes real estate, bank accounts, vehicles, and personal belongings. Suppose you own assets jointly with another person (like a house or a joint bank account) or accounts with named beneficiaries (such as retirement accounts as workers’ compensation benefits or life insurance policies). In that case, those generally pass directly to the other owner or beneficiary without going through probate. Similarly, assets held in trusts can bypass probate entirely.

Frequently Asked Questions

Many of our clients have questions when they begin to think about estate planning services. We’ve answered some of those for you here, including insights from a Kalispell estate planning attorney.

When should I start estate planning?

Estate planning advice suggests starting estate planning services when you have assets or family members who rely on you. Early legal planning can help you address potential issues before they arise, providing peace of mind for you and your family. Major life events like marriage, having children, buying a home, or starting a business are perfect times to establish or revisit your plan. Don’t wait for a crisis or illness to make these important decisions.

How can estate planning help avoid family disputes?

Estate planning services can prevent misunderstandings and minimize potential family conflicts. Clear legal clarity in your estate planning documents can prevent misunderstandings and disputes among your loved ones. By clearly stating your wishes regarding asset distribution, guardianship, and healthcare, your loved ones won’t be left guessing or fighting over your intentions. Once you’ve created your estate plan, review it with your family in detail so they will know what to expect.

What should I bring to my initial estate planning consultation?

For your estate planning consultation, you can gather documents that provide an overview of your financial situation, such as bank account statements, real estate deeds, investment portfolios, and retirement accounts, as part of your estate planning services. Bringing all relevant legal documents to your consultation will help your attorney provide the best possible advice. Get details about any life insurance policies and your business ownership if applicable. If you already have a will or other estate documents, share those with your attorney as well. The more comprehensive your information, the better your Kalispell estate planning attorney can tailor your estate plan to your needs.

Schedule a Consultation Today

Planning your estate may seem intimidating, but you don’t have to do it alone. Our legal expertise ensures you receive the highest quality advice and support throughout estate planning. Obtaining legal guidance from an estate planning lawyer is important in handling the complexities of estate planning and probate services. At Travis, Moore & Brann PLLP, our Kalispell estate planning lawyers take the time to understand your unique needs and help you design a plan that aligns with your goals. Whether you’re writing your first will or facing a complicated probate process, we can stand by your side every step of the way.

Call us today at (406) 752-7550 or contact us online to schedule a free consultation. Your peace of mind starts here.

Kalispell Estate Planning Lawyer​