Montana Beneficiary Deed Forms

Pass your real estate property on to a beneficiary when you die, without putting it through probate, with these Montana Beneficiary Deed Forms.

• The Beneficiary Deed (or TOD, for short) must be signed and registered with the County Recorder's Office before the original owner passes away.
• Even though title to the property is being transferred into the beneficiary's name, you will still have all the ownership rights to the property, and you can deal with the property in any way you like, without requiring the permission or consent of the beneficiary. You can even sell the property.
• The file also includes a Revocation of Beneficiary Deed, so you can cancel the Beneficiary Deed at any time after it has been recorded.
• These are downloadable legal forms. Fill them in, sign them, get them notarized, and have them recorded.
• Intended to be used only in the State of Montana.

Do you own your home? Protect it against attachment, levy or sale by your creditors or a bankruptcy trustee by filing this Declaration of Homestead for the State of Montana.

• State bankruptcy laws allow you to exempt up to $250,000 of the net equity in your primary residence by homesteading it.
• Equity is calculated by subtracting the balance owing on your mortgage from the appraised value. If your home equity is $250,000 or less, the bankruptcy trustee cannot sell your home.
• You will still have to repay the mortgage and the bank can still foreclose if you don't make the payments.
• The form must be completed, signed, notarized and filed with the County Recorder in the county in which the property is located.

Your home is too important to take chances with - protect it today with a Declaration of Homestead.

Plan for the future and protect your interests with a Statutory Form Power of Attorney for Montana residents.

• You can choose to give the person you name as your agent the power to deal with any or all of the following matters:
  • real estate,
  • personal property,
  • stocks and bonds,
  • commodities and options,
  • banking and financial transactions,
  • business operations,
  • insurance and annuities,
  • estates, trusts, and beneficial interests,
  • lawsuits and legal matters,
  • personal and family maintenance,
  • benefits from government, military or civil service programs,
  • retirement benefits, and/or
  • tax matters.
• You can also put restrictions on your agent's authority with respect to specific matters (such as creating, changing or revoking a trust).
• The form contains an optional section where you can nominate someone to serve as conservator of your estate or guardian of your person.
• The template also includes a section of important information for your agent and an Agent's Certification form.
• This Power of Attorney DOES NOT give your agent the authority to make health care or other medical decisions for you. You can do that with an Advance Health Care Directive.
• Available in MS Word format. More than one person in your household can use the form to create their Power of Attorney. No need to purchase more copies.
• Intended to be used only in the State of Montana.