The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
Montana Certification of Waiver by Attorney for Surviving Spouse
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FAQ
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 don't have any surviving children. If you die intestate unmarried and with no children, then by law, your parents inherit your entire estate.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office of the county where you own real estate or expect to transact real estate. In Montana, this office is known as the Office of the Clerk and Recorder.
Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.
A Montana real estate power of attorney form is a document that designates someone to oversee the sale, management, or refinancing of real estate on behalf of the principal. All signatures (principal, agent, and other applicable parties) must be observed and acknowledged by a notary public.
Durable (Statutory) Power of Attorney ? This allows financial powers to be given to someone else and remains valid in the event of incapacitation by the principal. Signing Requirements (§ 72-31-305): Notary public.
Montana is an equitable division state, not a "community property" state. The difference is Montana courts weigh multiple legal factors to determine an equitable division of the marital estate versus the assumption that all property is community property regardless each spouse's contributions.
72-2-232. Elective share. (1) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to 50% of the value of the marital-property portion of the augmented estate.
Does a Power of Attorney remain valid after a death? The short answer is no, a Power of Attorney dies with the person. A Power of Attorney is a document that grants another person permission to act on their behalf, during life, thus when that individual passes away, the document is null and void.
