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Montana Mutual Wills Package for Married Couple with Adult and Minor...

Montana Mutual Wills Package for Married Couple with Adult and Minor Children

Category:

Wills - Mutual Wills for Married Couple

State:

Montana

Control #:

MT-WIL-01591C

Format:

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This Mutual Wills Package for Married Couples with Adult and Minor Children is a legal document that outlines the wishes of both spouses regarding the distribution of their assets upon death. Unlike a single will, this package contains two wills, one for each spouse, addressing both general and specific bequests. It provides for appointing a personal representative, outlines the provision for children, and makes arrangements for minor children through the establishment of a trust.

Mutual wills: Each spouse has a will that aligns with the otherâs wishes.
Appointment of a personal representative: Designate an individual to oversee the estate.
Specific bequests: Outline any specific gifts of property to individuals.
Trust for minor children: Create a trust that manages assets until children reach a certain age.
Guardian appointment: Designate a guardian for minor children if both parents pass away.
Self-proving affidavit: Includes a statement to make the will self-proving in probate court.

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This form is essential when both spouses want to ensure their assets are distributed according to their wishes after death, especially when they have minor children or specific gifts they wish to designate. It is often used in preparation for estate planning to provide clarity and security for family members.

This form is suitable for:

Married couples who want to establish mutual wills.
Couples with both minor and adult children needing clear asset distribution plans.
Individuals looking to ensure the financial security and care of their minor children.
Those who desire to appoint a personal representative and a guardian easily.

To complete this form, follow these steps:

Identify the parties: Enter the names of both spouses and their respective counties of residence.
Designate the personal representative: Select an individual who will manage the estate.
Specify the beneficiaries: Clearly outline who will receive specific assets and property.
Establish the trust: Define the terms under which the trustee will manage assets for minor children.
Assign a guardian: Name an appropriate guardian for the minor children in case both parents pass away.
Sign the documents: Ensure all signatures are witnessed as required by law, and consider notarization.

Yes, this form must be notarized to be legally valid. The Mutual Wills Package includes a self-proving affidavit, which you can complete in the presence of a notary public, enhancing the legal standing of your wills and facilitating the probate process.

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Not signing in the presence of witnesses: Ensure that two unrelated witnesses sign the will.
Failing to update the will: Review and amend wills as life circumstances change (e.g., births, deaths, divorce).
Neglecting to discuss plans: It's crucial to communicate your wishes with family members, especially regarding guardianship.
Ignoring state-specific laws: Ensure compliance with local regulations to avoid invalidation of the wills.

Convenience: Complete the wills online at your own pace, saving time and effort.
Editability: Make changes easily if your circumstances or intentions change.
Legal reliability: Ensure that forms are drafted by licensed attorneys to meet legal standards.

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Mutual Wills Package for Married Couple with Adult and Minor Children

Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Montana, but does contain basic and other provisions. This summary does not discuss handwritten wills or the situation where the testator cannot sign his or her name.

Who may make a will: An individual 18 or more years of age who is of sound mind may make a will. 72-2-521.

Execution: A will must be in writing, signed by the testator and signed by at least two individuals, each of whom signed within a reasonable time after having witnessed the signing of the will by the testator. 72-2-522.

Self-proved will: A will may be simultaneously executed, attested, and made self-proved by acknowledgment by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal. The will you have found contains the self-proving affidavit. 72-2-524.

Who may witness: An individual generally competent to be a witness may act as a witness to a will. The signing of a will by an interested witness does not invalidate the will or any provision of it. 72-2-526.

Revocation by writing or act: A will or any part of a will is revoked:
(a) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or
(b) by performing a revocatory act on the will if the testator performed the act with the intent and for the purpose of revoking the will or part of the will or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this subsection (b), "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a revocatory act on the will, whether or not the burn, tear, or cancellation touched any of the words on the will. 72-2-528.

Separate writing identifying disposition of tangible personal property:
(1) A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money.
(2) To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty.
(3) The writing may be:
(a) referred to as one to be in existence at the time of the testator's death;
(b) prepared before or after the execution of the will;
(c) altered by the testator after its preparation; and
(d) a writing that has no significance apart from its effect upon the dispositions made by the will. 72-2-533.

Contracts concerning succession:
(1) A contract to make a will or devise or not to revoke a will or devise or to die intestate, if executed after July 1, 1975, may be established only by:
(a) provisions of a will stating material provisions of the contract;
(b) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(c) a writing signed by the decedent evidencing the contract.
(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. 72-2-534.

Deposit of will with court in testator's lifetime: A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will must be sealed and kept confidential. During the testator's lifetime, a deposited will may be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request or the court may deliver the will to the appropriate court. 72-2-535.

Duty of custodian of will-liability: After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and, if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court. 72-2-536.

Penalty clause for contest: A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings. 72-2-537.

Mutual Wills Package for Married Couple with Adult and Minor Children

Who may make a will: An individual 18 or more years of age who is of sound mind may make a will. 72-2-521.

Montana Mutual Wills Package for Married Couple with Adult and Minor Children

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