Estate Planning for Montanans

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Many people have not prepared a will or named a guardian for their minor children. The reasons vary, but it's often a combination of not wanting to think about our own mortality, lacking the time and energy to get it done, and fearing that a lawyer's services will cost too much. Families with young children often assume that they don't have an "estate" worth planning or that their relatives will take care of things if the unthinkable occurs. If you are an individual age 18 or older, you need the basic estate planning documents, which include a will, a power of attorney for property, an advance directive (a living will and a health care power of attorney) and a HIPAA authorization.

Here is a list of estate planning documents that you might need:

Last Will and Testament
Codicil
Revocable Living Trust
Power of Attorney
Advance Directive
Living Will
Health Care Power of Attorney
HIPAA Authorization
Special Needs Trust
Estate and Trust Planning for Individuals with Disabilities and their Families
Probate

You should also be aware of what to do if someone dies.

When someone dies, if no doctor is present, call 911 immediately. They will send someone who can make a legal pronouncement of death.

Arrange for temporary care for dependents and pets.

Call the funeral home to arrange for transportation of the body. The funeral home will need to know:
The full name of the deceased.
The location of the deceased (hospital, nursing facility, or residence).
Your name, address, and telephone number.
Notify family and friends. If they offer, ask them to help with child care, pet care, house cleaning, food preparation, answering the door and telephone, keeping a record of calls, flowers, and cards to make it easier to thank people later, and arranging for hospitality for friends and relatives who come from out of town.
Notify the person's employer and ask about benefits, any pay due, and whether there is a life insurance policy through the company.
Find the Will and any other Estate Planning Documents. These documents often contain instructions as to funeral services and the disposition of remains.
When you meet with the funeral director, you will need to bring:
Clothing for the deceased.
The deceased's social security number. The funeral home will help you complete the social security forms.
If the deceased was a veteran, their discharge papers or claim number.
Information and photograph for the obituary. The funeral home will help you write the obituary and will submit it to the newspaper for you.
The plan name or number if there is a pre-arranged funeral plan.
Ask the funeral home to order at least six (6) death certificates.
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