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Experienced Special Needs Planning Attorney

At Montana Elder Law, we are dedicated to helping families with the needs of aging loved ones. We can assist in the creation of a Last Will and Testament, or if you have already established one, we can guide through any changes that have occurred since it was drawn up.

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Experienced Special Needs Planning Attorney

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  1. Montana's seasoned probate and special needs attorneys are available to assist you with all of your estate planning legal needs The role of a probate attorney, also known as an estate attorney, can vary widely depending on the specifics of a given estate. The extent of your involvement will be determined by the value of the decedent's assets and the presence or absence of a Will. In the absence of a will, beneficiaries often resort to the legal system to obtain what they believe to be their rightful inheritance. Even if there is a will, its legality could be contested by interested parties. Probate can be avoided in certain circumstances, such as when a trust is established to facilitate the transfer of assets outside of court. Still, it's possible that you'll need the services of probate attorney Montana in order to manage the trust effectively. If the Will is found to be invalid or the asset owner dies without leaving a Will (intestate), the estate must go through probate. However, the probate process can be time-consuming, emotionally taxing, and otherwise difficult, so you may want to retain the services of an experienced probate attorney in Montana to assist you in settling the estate. Probate attorneys Montana at Montana Elder Law can help you with many aspects of the probate process, from securing estate assets to distributing what's left to the right people. Professional probate attorneys in Montana can also assist with estate planning. Your Montana probate lawyer will be responsible for many things, such as Preparing and filing all required documents Determining and paying inheritance taxes Obtaining appraisals for the decedent’s real property Collecting life insurance policy proceeds Opening and managing the estate’s checking account Making the final distribution of assets Retitling estates in the names of beneficiaries Legal expert in the area of disability planning If you or a family member has a disability or special need, you can trust Montana Elder Law to help achieve the best possible results. The future financial stability of a family with a child who has special needs is a common source of anxiety. The interplay between ABLE accounts, personal injury settlements, and government programs like Medicaid and Supplemental Security Income (SSI) can be complex and difficult for even the most competent estate planning attorney to understand. An experienced special needs planning attorney can assist you in drafting a suitable trust to safeguard your loved one's special needs, an essential part of any comprehensive estate plan. Trusts can be established either voluntarily by disabled individuals or involuntarily as part of a legal settlement.

  2. Getting the most favorable outcomes for your special-needs kid Planning for the care and well-being of a child with special needs is a specialized area of Montana estate law. The best way to provide for your child with special needs is to make an estate plan. The experienced special needs planning attorney at Montana Elder Law can help you make the most of your estate plan by addressing issues like beneficiary designation changes, tax implications, probate avoidance, and more. In the event of your inability to care for your child due to disability, death, or another circumstance, the attorney can also assist you with short-term guardianship declarations, power of attorney, and alternatives to guardianship.

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