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There are two types of co-ownership: tenancy in common and joint tenancy. Community property and tenants by the entirety are not recognized as a legal form of ownership in Montana.
A beneficiary deed is a type of deed that transfers property to a beneficiary. Most deeds transfer property in the present. In contrast, a beneficiary deed can be used to make arrangements today to pass down property in the future.
Cons To Using Beneficiary Deed Estate taxes. Property transferred may be taxed. No asset protection. The beneficiary receives the property without protection from creditors, divorces, and lawsuits. Medicaid eligibility. ... No automatic transfer. ... Incapacity not addressed. ... Problems with beneficiaries.
For convenience and simplicity in estate planning, Montana law allows for transfer on death deeds (TOD deeds)?a deed, executed and recorded during the lifetime of the grantor(s), which allows real property to pass to the designated beneficiaries outside of probate.
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.
A life estate allows a person to use and possess, but not have ownership of property (typically land, a home, or other buildings) during his or her lifetime. When the person passes away, the life estate ends and the title holders (remaindermen) have full benefit of the land and income.
(1) A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the deceased owner's interest to the grantee beneficiary designated by ...