Every family has unique needs. We listen and tailor every document to yours.
Most people know they should have a will. Far fewer know what a will can and can't do — and even fewer know when a trust might be the smarter option. We help you understand the difference, make an informed decision, and leave with documents that protect your family the way you intend.
Wills vs. Trusts:
What's the Difference?
A will provides instructions for what happens after you pass — but still goes through probate.
A trust allows your assets to transfer privately and without court involvement.
What Is a Will?
A legal document that spells out your wishes for asset distribution and names a Personal Representative (executor) to carry them out.
Goes through probate — formal court process to validate, pay debts, and transfer assets
In Montana, probate can take several months to well over a year
Becomes public record once filed
What Is a Trust?
A legal arrangement where you transfer ownership of assets into the trust — so they pass directly to your beneficiaries without court involvement.
Avoids probate entirely and keeps your estate private
Transfers assets to beneficiaries faster and more simply
Offers flexibility and control over how and when assets are distributed
Includes spendthrift provisions to protect beneficiaries from creditors
A will does NOT avoid probate — it is the instruction manual for the probate process. Only a properly funded trust avoids probate entirely.
Types of Trusts We Draft
Revocable Living Trust
The most common type. You maintain full control during your lifetime and can amend or revoke it at any time. Assets transfer directly to beneficiaries at death — no probate, no court.
Irrevocable Trust
Once created, generally can't be changed. Provides stronger asset and creditor protection — ideal for high-liability professionals, significant asset holders, or specific beneficiary concerns.
Medicaid Asset Protection Trust
Designed for long-term care planning. Legally shelters your home and assets to preserve Medicaid eligibility — so you don't have to sell everything you've built. A growing and important area of our practice.
Special Needs Trust
Holds assets for a beneficiary with a disability without affecting their eligibility for government benefits like Medicaid or SSI.
Testamentary Trust
Created within your will and takes effect at death — commonly used when leaving assets to minor children, with funds managed until they reach a specified age.
All trusts we draft include spendthrift provisions to protect beneficiaries and ensure assets are used as intended.
What Does a Will Cover?
When you work with our team to create your will, you'll make decisions about:
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Personal Representative — who manages your estate, pays debts, and carries out your wishes — this decision matters more than most people realize
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Guardian Designation — who raises your minor children if you're gone — often the most important decision in a parent's will
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Asset Distribution — who receives your home, investments, personal property, and specific items
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Specific Bequests — heirlooms, jewelry, vehicles — particular items to particular people
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Pets — who cares for them and how they're funded
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Charitable Gifts — leaving something to a cause that matters to you
A trust tends to make more sense if:
You own multiple properties or land in Montana
You have rental properties, farm leases, or business interests
You're a professional with liability exposure (physicians, business owners)
You want to avoid probate for privacy or speed
You have a beneficiary who is young, has special needs, or you're concerned about how they'd manage an inheritance
You're planning for long-term care / Medicaid eligibility
What Do My Loved Ones Do After I Pass?
After your documents are executed, we provide a clear letter outlining exactly what your Personal Representative or Trustee needs to do.
Your family will have a step-by-step roadmap — so they're not left guessing during an already difficult moment.
Montana-Specific Notes
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Montana calls the estate manager a "Personal Representative" — not an executor, as in most states. Same role, different name.
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Handwritten wills are very unlikely to be legally valid in Montana. A formal will requires two credible witnesses.
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Montana's intestate succession laws are unique. Don't assume another state's rules apply here.
"No surprises. Just transparent pricing to protect your family."
PRICING
Transparent Pricing — Built Around Your Needs
We offer competitive, transparent pricing built around your unique situation. Your free consultation is where we understand your needs and build your custom package. Pricing is discussed before we begin — no surprises.
