Estate Planning Lawyers for Montana
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Meet some of our Montana Estate Planning Lawyers
Zachary D.
Helping small business owners meet their legal needs.
"Zachary was great to work with. Highly recommend for estate planning. Thanks so much!"
Niki Z.
With more than 20 years of nonprofit, small business, and government experience, Niki can assist you on a wide range of legal issues, including creating new entities and avoiding compliance pitfalls.
Tim B.
Attorney Tim Baldwin is the founder of Property Management Law Solutions, PLLC, a Florida law firm that specializes in representing landlords, property owners, apartments, and property management companies in a variety of property related legal matters, like evictions, security deposit disputes, fair housing matters, civil defense, damages actions, risk mitigation, partition, code violation, lease enforcement, and other real property litigation. Starting as a prosecutor from 2004 to 2006, Tim Baldwin gained invaluable experience as a courtroom litigator and to date has tried nearly 60 jury trials. When he opened his law practice in 2006, Tim focused his law practice on helping landlords in the Florida Panhandle. Since then, Tim Baldwin has expanded his law practice across Florida and become known as one of the premier Florida attorneys in landlord and property law. Tim regularly speaks at events for real estate groups, such as apartment and property management associations and real estate investment groups. Tim also hosts his own podcast, Property Management Law Solutions Podcast, where he discusses a wide range of landlord and property management related topics, and is frequently asked to be a guest on other podcasts nationwide.
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Pura R.
Pura Rodriguez, JD, MBA is the President and Managing Partner of A Physician’s Firm, based in Miami. She represents healthcare providers from different specialties in a broad range of issues, including contract review, business planning and transactions, mergers and acquisitions, vendor and contract disputes, risk management, fraud and abuse compliance (Anti-Kickback Statute and Stark), HIPAA compliance, medical staff credentialing, employment law, and federal and state regulations. She also assists providers in planning their estates, protecting their assets, and work visa requirements.
"Excellent attorney. Assignment done on time. Well rounded with medical contracts, especially pediatrics. Highly recommended."
Eric M.
Experienced and business-oriented attorney with a great depth of contract experience including vendor contracts, service contracts, employment, licenses, operating agreements and other corporate compliance documents.
Scott S.
I have over 25 years' experience representing individual and company clients, large and small, in transactions such as mergers and acquisitions, private offerings of securities, commercial loans and commercial endeavors (supply contracts, manufacturing agreements, joint ventures, intellectual property licenses, etc.). My particular specialty is in complex and novel drafting.
"Scott had a quick turnaround on my company’s operating agreement."
July 16, 2020
Aaron M.
Aaron focuses his practice on entrepreneurs and emerging growth companies, providing general counsel services for companies from formation through exit. Aaron frequently advises clients in connection with routine and unique legal, business, and strategic decisions, including corporate, business and technology transactions, angel and venture financings, mergers and acquisitions, protection of intellectual property, and information privacy and data security.
September 10, 2020
Jaclyn I.
Jaclyn is an experienced intellectual property and transactional attorney residing and working in NYC, and serving clients throughout the United States and internationally. She brings a targeted breadth of knowledge in intellectual property law, having years of experience working within the media, theater, PR and communications industries, and having represented clients in the music, entertainment, fashion, event production, digital media, tech, food/beverage, consumer goods, and beauty industries. She is an expert in trademark, copyright, and complex media and entertainment law matters. Jaclyn also taught as an Adjunct Professor at Cardozo School of Law, having developed and instructed the school’s first Trademark Practicum course for international students. In her spare time, Jaclyn’s passion for theater and love for NYC keeps her exploring the boundless creativity in the world’s greatest city!
Yoko T.
A bilingual attorney graduated from J.D. with a C.P.A. license, an M.B.A. degree, and nearly ten years of experience in the cross-border tax field.
July 21, 2020
Chester A.
With over 24 years of practice, Chet uses his vast experiences to assist his clients in the most efficient manner possible. Chet is a magna cum laude graduate of University of Miami School of Law with an extensive background in Business Law, Commercial Real Estate, Corporate Law, Leasing Law and Telecommunications Law. Chet's prior experience includes 5 years at two of the top law firms in Georgia and 16 years of operating his own private practice.
John S.
Steve Clark has been practicing law in DFW since 1980. He is licensed in both Texas and Louisiana state and federal courts. He concentrates his practice on business clients and their needs. He has been a SuperLawyer in Texas since 2011, and is Lead Counsel rated in Business Law. He is also a Bet the Company litigator in Texas.
July 25, 2020
Kamilah H.
I am a top-performing bi-lingual legal services professional with a proven record of success. Reputation of assessing and evaluating client’s needs and providing individualized solutions in line with those needs while efficiently handling multiple tasks simultaneously. Able to create a collaborative work environment ensuring business objectives are consistently met. Seeking an attorney role within a legal setting to apply skills in critical thinking, executive communications, and client advocacy.
Estate Planning Legal Questions and Answers
Estate Planning
Durable Power of Attorney for Finances
Illinois
What’s the Difference between General POA and Durable POA
I’m trying to get POA over my Mother Financial because she not Paying the Mortgage which is past over due along with some Bills she hasn’t paid on in months I don’t us to lose our home and she suffers from Dementia and we Both recently suffered from a stroke I would appreciate if you respond to my message beside With a Hi There !
T. Phillip B.
I'm not a fan of either term as I find they just confuse things. Durable usually is referring that it remains effective after incapacity. Sometimes general is looked at as terminating at becoming incapacitated. Another term which comes up is springing which this one makes more sense where it isn't effective immediately but upon a date or occurrence (usually someone being deemed incapacitated). I don't think I'd ever create a POA where it terminates at incapacity since that's when I'd need it to work. Now you say your mother has dementia. Will she understand what she is signing and the purpose of the document? If not, she doesn't have the required mental capacity to establish a POA and will have to have a guardian appointed by the court.
Estate Planning
Last Will and Testament
Georgia
I had an Alabama elder care lawyer create my POA, will, etc. Now I am living permanently in Ga. Is my paperwork still good or do I need to get it reviewed and updated in Ga.
widowed and living alone
Allen L.
The short answer is: your Alabama documents are most likely still legally valid in Georgia, but a Georgia attorney review is strongly recommended — especially given your situation living alone and widowed. Here is the breakdown: Will Georgia recognizes a will validly executed in another state as long as it was properly signed and witnessed under that state's law at the time it was made. Alabama and Georgia both require two witnesses, so your will should be fine. That said, if your Alabama will names your spouse or references Alabama-specific assets, accounts, or property that has since changed, it absolutely needs updating for that reason alone. Power of Attorney Georgia adopted the Uniform Power of Attorney Act in 2017. Georgia will generally honor a POA validly created in another state. However, Georgia has specific statutory language that banks, hospitals, and other institutions are accustomed to seeing. If your Alabama POA does not track Georgia's statutory form, some institutions may resist honoring it or ask for additional paperwork, which can cause serious delays in a crisis. Having a Georgia-compliant POA dramatically reduces that friction. Healthcare Directive / Advance Directive This is the most important one to update. Georgia has its own Advance Directive for Health Care form that combines a living will and healthcare proxy. Georgia medical providers are trained on this specific form. An Alabama healthcare directive may be legally valid here, but you may encounter real-world resistance from hospitals and doctors who are not familiar with it. A Georgia-specific advance directive is highly advisable. Practical Concerns Given Your Situation Living alone and widowed means your agent under your POA and your healthcare proxy are your first and only lines of protection if something happens. You want zero friction when those documents need to be used. This is not the situation to test whether an out-of-state document will be accepted in a moment of urgency. You should also confirm that whoever you have named as your agent, executor, and healthcare proxy is still the right person, still willing, and still able to serve. Bottom Line Your documents are not void, but getting them reviewed and updated for Georgia is genuinely worth the time and cost. At a minimum, a new Georgia Advance Directive for Health Care and a Georgia-compliant Durable POA should be strongly considered. While you are at it, confirm your beneficiary designations on any life insurance, IRAs, and bank accounts, as those pass outside your will regardless. Next Step The easiest way to get this handled is to open a project on ContractsCounsel at www.contractscounsel.com. You can post your document review and drafting project there, receive competitive flat-fee bids from Georgia-licensed attorneys who handle exactly this type of elder law work, and get everything updated without having to search for a lawyer on your own. It is a straightforward process and puts you in control of the cost upfront. Given your situation, this is one of those things that is well worth getting done sooner rather than later.
Estate Planning
Affidavit of Heirship
New York
What are inheritance rights for niece and nephew?
My Aunt passed away July 9, 2021 and she had a will. On the will she stated that she wants everything left to my mother whom is deceased as well and executer of estate is my sister.
Jane C.
Does the will have a provision that states who will receive your aunt's assets if your mother predeceased her? If not, I believe the rules of inheritance found in the New York Statute will govern. https://www.nysenate.gov/legislation/laws/EPT/4-1.1. Your sister needs to go to the Probate Court and/or consult an estate attorney.
Estate Planning
Power of Attorney
Ohio
Can a Power of Attorney be revoked if the person who granted it is now capable of making decisions?
Can a Power of Attorney be revoked if the person who granted it is now capable of making decisions? I have been granted Power of Attorney for my elderly mother who was deemed mentally incapable of making decisions due to dementia. However, her condition has improved significantly, and she is now able to make decisions on her own. I want to know if it is possible to revoke the Power of Attorney and return decision-making authority to her.
Michelle M.
A power of attorney does not take away the decision-making authority of the principal. It appoints someone to act on behalf of the principal as provided in the document, but not to the exclusion of the person granting the power. If your mother granted power of attorney to you it allows you to act on her behalf, but she can also still act on her own. If she wants to revoke the power of attorney she can do so at any time, but given her diagnosis that may not be wise. It's likely the document will be needed again at some point in the future. The only proceeding that removes decision-making ability is a guardianship, which is done in the Probate Court (this is different than a power of attorney). Hope that helps!
Estate Planning
Settlement And Release Agreement
Pennsylvania
Must I sign a family settlement release for my fathers estate in PA in order for the executor to distribute monies?
My fathers exectutor is ready to finalize the estate bank account and I received a "release" letter, must I sign it before money is distributed? (PA)
Ryan W.
In Pennsylvania, probate estates are wrapped up after the executor provides the beneficiaries with an accounting. The purpose is for the beneficiaries to review what the executor did during the administration of the estate and have the opportunity to voice any objections he or she may have. The release that you received is fairly standard in the estate administration process. You are not required to sign the document. The estate can also be finalized by requesting an order of distribution from a judge. If you do not happen to take issue with anything the executor did, signing the release agreement will likely be more efficient.
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