Estate Planning Lawyer for Wills, Trusts, Advance Directives & Powers of Attorney

Why Montana Families and Business Owners Choose BKBH

Browning, Kaleczyc, Berry and Hoven has served Montana individuals, families, ranchers, and business owners since 1982. Our estate planning team includes attorneys with diverse experience and credentials that set us apart.

Shareholder Judd Jensen holds an advanced law degree in Food and Agricultural Law and grew up on a wheat and cattle farm in Montana, making him a natural fit for ranch and agricultural succession planning. Shareholder Brian P. Thompson handles trusts, estates, and probate from our Helena office. Shareholder Michael Rausch, a Martindale-Hubbell Distinguished attorney in Great Falls, offers estate plans at a flat rate. Shareholder Steve Fitzpatrick brings transactional experience and currently serves as a member of the Montana Senate. Attorney Jessica Osterloh brings professional fiduciary experience managing more than $60 million in trust assets and has expertise in special needs trust planning. Attorney Noah Gipson helps individuals and families create estate plans, administer trusts, and resolve complex trust and estate issues with thoughtful, personalized guidance.

We serve clients from offices in Helena, Bozeman, Great Falls, and Missoula, and we work with Montana families on everything from a first will to a multi-generational ranch transfer.

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Thoughtful Planning for Your Family, Assets, and Legacy

Estate planning is about more than preparing documents. It is about protecting the people you care about, preserving the assets you have worked hard to build, and providing clear direction for the future.

At Browning, Kaleczyc, Berry & Hoven, our estate planning attorneys help individuals, families, business owners, ranchers, and professionals throughout Montana develop comprehensive plans tailored to their unique circumstances and goals. Whether you are creating your first will, establishing a trust, planning for a loved one with special needs, or preparing for the transfer of a family business, we provide individualized legal guidance designed to protect your interests today and for generations to come.

Our attorneys work closely with clients to understand their priorities and develop customized estate plans that reflect their values, family dynamics, financial objectives, and long-term wishes.

If you have questions about protecting your assets and loved ones, we invite you to contact our offices to schedule a consultation with an experienced Montana estate planning attorney.

What Types of Estate Planning Services Does BKBH Offer?

The estate planning process should be tailored to the individual’s circumstances and includes preparing key legal documents to address each client’s unique needs. Our estate planning attorneys assist clients with a wide range of estate planning tools and strategies, including:

• Wills
• Revocable Living Trusts
• Irrevocable Trusts
• Special Needs Trusts
• Powers of Attorney
• Advance Healthcare Directives
• Probate Avoidance Planning
• Asset Protection Planning
• Business Succession Planning
• Family Business and Ranch Succession Planning
• Beneficiary Designations
• Trust Administration Guidance
• Charitable Giving Strategies

Whether your estate is simple or complex, careful planning can help reduce uncertainty, avoid unnecessary expenses, and provide peace of mind for you and your loved ones.

We Offer Comprehensive Asset Protection and Long-Term Planning

Protecting assets for future generations often requires more than a simple will.

Depending on your circumstances, estate planning may involve strategies designed to address creditor concerns, family business interests, blended family considerations, charitable objectives, long-term care planning, or the preservation of family land and other valuable assets.

We review each client’s financial situation and use legal structures to protect assets, minimize exposure to risks, and, where appropriate, create plans that also minimizes taxes while supporting long-term family goals.

Estate Planning for Montana Families

Every family has different priorities.

Some clients are focused on providing for young children. Others want to preserve a family ranch, minimize potential conflicts among heirs, care for a loved one with special needs, or create a smooth transition for a family business.

Whatever your goals may be, our estate attorneys take the time to understand your concerns and develop an estate plan tailored to your circumstances. Our experienced Montana estate planning team understand the Montana Uniform Probate Code and local beneficiary deed regulations. Montana has unique probate laws that require specialized knowledge, especially when planning involves taxes or out-of-state property, and we are adept when it comes to making pragmatic and effective estate plans.

Frequently Asked Questions About Montana Estate

What is A Will?

Wills and trusts form the foundation of many estate plans.

All adults should have a will. A properly drafted will allows you to determine how your assets will be distributed, and careful drafting helps ensure it reflects your wishes regarding assets and beneficiaries, nominates guardians for minor children, and provides important instructions for your family.

Without a valid estate plan, Montana law determines how assets are distributed through a doctrine called intestacy, which may not reflect your wishes. With a Will, all property that is personally owned by a person at the time of death must be distributed exactly in accordance with the person’s will.  A will can be used to distribute real estate, liquid assets, and investments, as well as personal items, such as family heirlooms, so that disputes among family members over treasured possessions can be avoided.

What is the difference between a will and a trust?

A will directs how assets are distributed after death and generally passes through probate. A trust can provide ongoing management of assets and may help avoid probate while offering additional flexibility and protection.

Do I Need a Trust if I Have a Will?

Trusts can provide additional flexibility and protection that is not offered solely by a will. Depending on your objectives, a trust may help avoid probate, minimize taxability of assets, protect assets from liability, provide management for beneficiaries, preserve privacy, provide for end-of-life care such as nursing home expenditures, or facilitate the orderly transfer of wealth.

In a trust, property is transferred to a trustee, who manages the property on behalf of the named beneficiaries. Trusts can be either revocable or irrevocable, and each comes with its own advantages and drawbacks. Our dedicated Montana estate planning attorneys help clients evaluate whether a trust-based estate plan is appropriate and recommend strategies to choose the right trust to align with their goals.

What is Special Needs Trust Planning?

Planning for a loved one with disabilities often involves balancing financial support with continued eligibility for essential public benefits. A Special Needs Trust can be an important tool for achieving both objectives.

A Special Needs Trust allows assets to be held and managed for the benefit of an individual with special needs while preserving eligibility for programs such as Supplemental Security Income (SSI) and Medicaid. Trust assets may be used to enhance a beneficiary’s quality of life by helping pay for expenses such as education, therapy, transportation, recreation, personal care, and other supplemental needs.

Because these trusts must comply with complex legal and benefit eligibility requirements, selecting the right trustee and establishing an effective trust structure is critical. Our special needs trust attorneys work with families to create thoughtful, long-term solutions that address both current and future needs.

Attorney Jessica Osterloh brings valuable fiduciary experience to this area of practice. Before entering private practice, she managed more than $60 million in trust assets for a national financial institution and now helps families develop personalized special needs planning strategies that focus on individualized preferences and goals, flexibility for changing life stages and circumstances, and long-term advocacy for enhancing quality of life.

For many families, special needs planning is not simply about protecting assets. It is about creating a lasting framework of support that helps ensure a loved one’s well-being throughout their lifetime.

Why Is Business Succession Planning Beneficial?

For many Montana families, a ranch, farm, or closely held business represents a lifetime or even multiple generations of work and a significant family legacy. Planning for the future ownership and management of those assets is often one of the most important components of a comprehensive estate plan, and succession planning for a company can also raise important business law issues.

Business succession planning helps owners prepare for retirement, disability, death, or other life transitions by creating a clear strategy for transferring ownership and leadership responsibilities. Without a plan in place, families may face uncertainty, disputes among heirs, tax consequences, or operational disruptions that threaten the long-term success of the business.

Our estate planning lawyers assist clients with:

• Family business succession planning
• Ranch and agricultural succession planning
• Ownership transfer strategies, including the sale or purchase of ownership interests as part of a broader succession plan
• Trust-based succession planning
• Buy-sell agreements
• LLC and partnership structuring
• Governance and management planning
• Asset protection strategies

We work closely with business owners and their advisors to develop succession plans that support continuity, preserve value, and help protect family relationships during times of transition. We know business owners need smooth transitions to ensure their legacy, and we help them develop strategies that align with their goals.

How Can Powers of Attorney and Advance Directives Help Prepare for Unexpected Life Events?

Estate planning is not solely about transferring assets after death. It also involves preparing for unforeseen circumstances during your lifetime. Unfortunately, accidents can happen and leave people unexpectedly incapacitated. A critical part of estate planning requires developing instruments that help protect a person and their family if the person suddenly becomes severely disabled and cannot express their wishes for their care.

A power of attorney lets a trusted person act for you if you become unable to do so yourself, and that planning often includes a financial power of attorney for financial and legal affairs, as well as a health care power of attorney for medical decisions. Through powers of attorney, we help clients specify who should make healthcare and financial decisions should such an incapacitation occur.

Without a power of attorney, it may be necessary to take legal action for the appointment of a guardian and/or a conservator for a person’s affairs.  Such appointments can be costly, as they normally will entail legal and other fees for the appointment itself, and ongoing court reporting for matters including financial expenditures.  With a power of attorney, court oversight is typically minimized or not required.  If, however, a guardianship or conservatorship is needed (such as for an elderly family member), as Montana estate planning attorneys with decades of legal experience, we can assist in helping you obtain the required legal representation.

An advance directive or living will is also an important part of planning for potential incapacitation and end-of-life care. An advance directive is used to communicate your medical treatment and end-of-life preferences, such as whether to utilize life support and artificial feeding. Many families experience extreme emotional distress and conflict among family members when determining what medical treatment should be rendered if a loved one is experiencing a terminal medical event and cannot make decisions for their own care.  Should procedures be taken to extend life, or should only palliative care be provided?  And who should make these decisions? These decisions will always be extremely difficult and emotional for loved ones to make, but providing clarity about your wishes through a living will can take the pressure off your loved ones to try to guess what you would want. These documents help ensure that your wishes are respected and can reduce stress and uncertainty for loved ones during difficult situations.

What happens if I die without a will in Montana?

If you die without a valid will, Montana intestacy laws determine how your assets are distributed. If there is no will, the estate may go through the probate process under the Montana Uniform Probate Code, which sets the rules that must be followed when settling an estate. This legal process can add time and complexity for surviving family members. Further, the result may differ significantly from your wishes and can create additional challenges for family members. For example, if you are in a long-term relationship, your partner could be left with nothing under Montana intestacy laws.

In Montana, the probate process may proceed as formal, informal, testate, or intestate. In a formal matter, the probate court supervises the process more directly, while a Personal Representative manages estate administration by opening the estate, gathering assets, addressing creditor claims, and distributing remaining property to heirs.

When should I update my estate plan?

You should review your estate plan after significant life events or important decisions affecting your family, assets, or tax planning, such as marriage, divorce, the birth of a child, the death of a beneficiary, the acquisition of substantial assets, or changes in tax laws.

Why Choose Browning, Kaleczyc, Berry & Hoven?

For more than four decades, https://www.bkbh.com/our-firm/Browning, Kaleczyc, Berry & Hoven has helped Montana families, business owners, ranchers, and professionals address complex legal and planning matters.

Our dedicated estate planning lawyers combine practical experience with professional, personalized guidance, serving clients as part of a collaborative team that includes responsive office staff. We focus on building long-term relationships and developing strategies that evolve as life circumstances change.

When comparing Montana estate lawyers, look for state-specific knowledge, clear fee transparency, a communication style that fits your needs, and experience aligned with your specific asset types, qualities this law firm brings to each matter.

When you work with BKBH, you gain trusted advisors committed to helping protect your family, your assets, and your legacy.

Contact Our Montana Estate Planning Attorneys Today!

A well-designed estate plan can provide clarity, security, and peace of mind for you and your family.

Whether you need a will, trust, special needs trust, business succession plan, or multi-faceted estate planning strategy, our experienced estate planning lawyers provide comprehensive solutions for estate planning, probate, and estate administration for families across the community.

Contact us today to learn more about how we can protect your assets and loved ones.

 

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What is a Power of Attorney, How Can They Be Used, and How to Choose the Best Person for Your Needs?	What Happens if Beneficiaries Can Not Agree About How to Divide the Value of a Ranch?	How Long Does Probate Take? How Does the Firm Help Estate Administrators and Representatives in Probate?
How Does the Firm Assist in Special Needs Planning?	Why Your Biological Children Might Not Be Your Best Heirs.	What Happens if I Die Without a Will in Montana?
How Can a Power of Attorney Be Used if You Are Severely Injured?	What is a Guardianship?	How Does a Guardianship Differ From a Conservatorship?