Montana State University

Estate Planning Publications

In today's complicated society all families, regardless of their resources and ages, can benefit from overall financial planning--one aspect of which is estate planning. 

The following estate planning publications were created at Montana State University by Extension Family Economics Specialist Marsha A. Goetting,  Ph.D., CFP®, CFCS. The MontGuides have been reviewed by professionals  from the appropriate organizations: Business, Estates, Trusts, Tax, and Real  Property Law Section (State Bar of Montana); Montana Society of Certified Public Accountants, Office of Consumer Protection, and University of Montana School of Law.

Also available is a Web site Dying Without a Will in Montana. Use this Web site to discover how your property will be distributed under Montana law if you are a Montana resident and if you pass away without a written will (as do 7 out of 10 Americans).

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  • Accessing a Deceased Person's Financial Accounts. (MT200301HR)
    Describes how heirs of a deceased person can access his/her financial accounts, depending on whether the accounts were owned jointly with other individuals, had payable-on-death or transfer-on-death designations, or had no designated beneficiary. (2008)

  • Annuities. (MT199213HR) 
    Outlines how to shop for and choose an annuity and how one can help individuals achieve retirement and estate planning goals. (2005)

  • RevisedBeneficiary Deeds in Montana. (MT200707HR)
    Explains how Beneficiary deeds allow owners of real property in Montana to transfer their property to one or more beneficiaries without probate. (2011)

    • Statutory Language for a Beneficiary Deed (PDF)
    • Statutory Language for a Revocation of Beneficiary Deed (PDF)
    • Affidavit of Death (PDF)

  • Cremation. (MT200201HR) 
    Explores personal and family concerns, state and federal regulations, and costs of cremation. (Web Revisions 2010)  
  • Custodial Accounts for Kids Under Age 21.  (MT199910HR)  
    Describes how a parent or other adult can make gifts of assets during life, bequests with a will, or distributions from a trust for the benefit of a child who is under 21. (2006)

  • Designating Beneficiaries through Contractual Arrangements. (MT199901HR)
    Focuses on transferring assets through contractual arrangements, such as those commonly found with insurance policies, IRAs and employee benefit plans. (2009)
  • Dying Without a Will in Montana:  Who Receives Your Property?  (MT198908HR)  
    Includes legal terms and detailed examples of possible scenarios for distribution of property should a person die before writing a will. (2010)

  • Dying Without a Will in Montana CD. Who receives your property if you pass away without a written will? Use this CD to discover how your property will be distributed under Montana law if you are a Montana resident and if you pass away without a written will (as do 7 out of 10 Americans).

  • Estate Planning for Families with Minor and/or Special Needs Children. (MT199117HR)
    Explains how to provide for children's physical and financial care in case of parents' death. Includes special instructions concerning special needs children and stepchildren. (2007)

  • Estate Planning in Montana: Getting Started. (MT199508HR)
    Explains how--and why---to arrange for the future use and distribution of your property. (2009)

  • Estate Planning: The Basics (EB0144) ($10.00). 
    Packet includes 19 guides to estate planning issues to help readers  understand and use the information in planning for their own estate distribution. Also additional topics of interest may be ordered without charge.  (2008)
    Order Form

  • Estate Planning Tools for Owners of Companion or Service Animals. (Fact Sheet)
    Whether referred to as domesticated pets, companion animals, specialty pets, service animals or as just pets, they play an extremely significant role in the lives of many Montanans.  By planning ahead and utilizing the appropriate legal documents, owners can ensure that their pets will continue to receive proper care should their owners become incapacitated or die. (2008)

  • Revised Federal Estate Tax.  (MT199104HR)
    This publication describes how federal tax laws affect individual estates, including changes resulting from The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010. The estate tax section of the Act titled “Temporary Estate Tax Relief” contains provisions that apply during 2011 and 2012. (2011)

  • Revised Gifting:  A Property Transfer Tool of Estate Planning.  (MT199105HR)
    This MontGuide explains how to use laws that allow gifts of real and personal property to reduce federal income taxes, federal gift taxes and potential federal estate taxes. Included are changes resulting from The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010. (2011)

  • Glossary of Estate Planning Terms. (MT200202HR)
    Provides definitions of some of the estate planning terms used in MSU Extension Estate Planning MontGuides. Keep this glossary close by in case you come across an unfamiliar term. (2009)

  • Letter of Last Instructions. (MT198904HR)
    Explains what should be included in a letter of last instructions to assist survivors after the death of the writer. (2011)

  • Life Estate:  A Useful Estate Planning Tool. (MT200510HR)
    Explains how to allow someone to possess property during his/her lifetime before the estate passes on to another person or organization. (2009)

  • Life Insurance: An Estate Planning Tool. (MT199211HR)
    Explains when life insurance should be part of a family's estate plan. (2009) 

  • Medicaid and Long-Term Care Costs.  (MT199511HR)
    Outlines the legal and tax ramifications, as well as impacts on emotional and physical health of financing long-term care. (2010) 

  • Montana's End-of-Life Registry. (MT200602HR)
    Answers commonly asked questions about the Montana End-of-Life Registry. (2011)

  • Montana Rights of the Terminally Ill Act.   (MT199202HR)
    Describes how a person can choose to terminate his/her medical treatment, should the person have an incurable and irreversible condition that would lead to death without treatment. (2010)

  • Nonprobate Transfers.. (MT199509HR)
    Describes the various forms of ownership that allow the deceased's property to bypass probate and transfer directly to beneficiaries. (2011) 
  • Personal Representative. (MT199008HR)
    Explains Montana law covering personal representatives in settling estates (often called "executor" in other states). (2011)

  • POLST (Scroll down to Provider Orders for Life-Sustaining Treatment)

  • Revised Power of Attorney. (MT199001HR)
    Explains how to give another person authority to make financial decisions for you through a legal document known as a power of attorney. Information about the Montana Uniform Power of Attorney Act that was passed by the 2011 Montana Legislature is provided. Features of the new Statutory Power of Attorney form are also explained. (2011)

  • Probate in Montana. (MT199006HR)
    Provides guidelines and costs for the process of settling the estate of a deceased person. (2009)
  • Revised Property Ownership. (MT198907HR)
    Describes the three main forms of property ownership, plus real-life examples of estate settlement for each. (2011)

  • NewProvider Orders for Life-Sustaining Treatment (POLST). (MT201112HR)
    Gives control over medical treatments near the end of life. Once signed by you and your physician, nurse practitioner, or physician assistant, the POLST form is recognized as an actual medical order that will be honored by all Montana health care providers. (2011)

  • Revocable Living Trusts. (MT199612HR)
    Defines and explains the benefits, shortfalls, costs and tax consequences of living trusts, including how it may affect nursing home care costs. (2010)

  • Selecting an Organizational Structure for Your Business. (MT199708HR)
    Describes the various types of business structure: sole proprietorship, partnership, corporation and limited liability corporation. (2008)

  • Settling an Estate: What Do I Need to Know. (MT201004HR)
    Designed to help survivors start the process of settling an estate and ease the burden following the death of a loved one. It discusses tasks in the order they are commonly completed. (2010)

  • Transferring Your Farm or Ranch to the Next Generation. (EB 149)
    Includes sections on starting a conversation with family members who are in denial or reluctant to discuss the situation; how to pinpoint your own and family members' expectations; identifying what is important to each generation; and options for ownership. Several worksheets are included to help both parents and adult children identify their goals and expectations. (2009) 

  • Transferring Your Farm or Ranch to the Next Generation Through a QTIP Trust. (MT200508HR)
    Examines concerns you may have, presents important considerations and explores several available options of how to pass on your farm or ranch, or other property to your spouse or children. (2007)

  • Using a Bypass Trust to Provide for Children from a Prior Marriage. (MT200509HR)
    Explains how a bypass trust can help you create a plan to effectively pass your property along to the people you want, the way you want. (2008)

  • What Are Your Rights Over Your Remains? (MT200918HR)
    The 2009 legislature passed the Montana Right of Disposition Act that allows a person to provide instructions for disposing of his or her remains or to designate an agent with authority to make such decisions. (2011)

  • Who Gets Grandma's Yellow Pie Plate? Transferring Non-Titled Property. (MT199701HR)
    Explains how to deal with some of the issues that may arise with the transfer of non-titled property such as photographs and other family heirlooms among family members. (2011)
  • Wills. (MT198906HR)
    Outlines why and how to construct a will, including costs, restrictions and changes after its completion. (2011)