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This article is one in a series focusing on estate and legacy planning. The authors are Kaleena Miller, Madison-Jefferson County Extension Agent, kaleena.miller1@montana.edu, and Marsha Goetting, MSU Extension Family Economics Specialist, marsha.goetting@montana.edu. “Couples living together should be aware that a court could later find their actions constitute a marriage,” says Marsha Goetting MSU Extension Family Economics Specialist. “They should be careful not to hold themselves out as married unless they are willing to accept the possi...
This is one of a series of articles focusing on estate and legacy planning. Authors are Kaleena Miller, Madison-Jefferson County Extension Agent, kaleena.miller1@montana.edu, and Marsha A. Goetting, MSU Extension Family Economics Specialist, marsha.goetting@montana.edu. During her estate planning meetings across the state, Dr. Goetting is often asked, "How do I avoid paying death taxes?" Dodging the Montana death tax is easy, says Marsha Goetting, MSU Extension Family Economics Specialist Goetting. Montana has not had an inheritance tax since 2...
A testamentary trust is one that is set up according to the instructions contained in a last will and testament. The owner’s property, such as stocks, bonds, mutual funds, home, bank or credit union accounts, and certificates of deposits, must first pass-through probate or bypass probate by naming the testamentary trust as the beneficiary. A will is an instrument that sets up the testamentary trust, however, so the will must go through the probate process. According to Marsha Goetting, MSU Extension family economics specialist, the personal r...
The Achieving a Better Life Experience Act (ABLE) became federal law on December 19, 2014. The Montana legislature the passed an act by the same title. An ABLE is a savings account allowing a person with a disability to save money without risking a decrease in state and federal benefits. The law aims to ease financial strains faced by individuals with disabilities by making these tax-free saving accounts available to cover qualified disability expenses. The designated beneficiary of an ABLE account is the individual who owns the ABLE account....
This is a series of articles focusing on estate and legacy planning. Authors are Kaleena Miller, Madison-Jefferson County Extension Agent, kaleena.miller1@montana.edu, and Marsha Goetting, MSU Extension Family Economics Specialist, marsha.goetting@montana.edu. An important goal for Montana farm/ranch family enterprises is to transfer land and business to the next generation. “The process is challenging because it includes a complex web of economic, legal, and family decisions,” says Marsha Goetting, MSU Extension Family Economics Spe...
This is one of a series of articles focusing on estate and legacy planning. The authors are Kaleena Miller, Madison-Jefferson County Extension Agent, kaleena.miller1@montana.edu, and Marsha Goetting, MSU Extension Family Economics Specialist, goetting@montana.edu John and Mary, an unmarried couple, lived together for 15 years prior to John’s death. They never obtained a marriage license or had a wedding. John had two children from a previous marriage while Mary had no children. They did not have any children together. All property was in J...
While writing a will is not number one on everyone’s to-do list, there are valid reasons for doing so. “People often avoid thinking about wills because a writing one means a they have to deal with attitudes and feelings about death, property ownership, business arrangements, marriage and family relationships that they or other family members may not be ready to think about,” says Marsha Goetting, MSU Extension Family Economics Specialist. People who have experienced the death of a family member agree it is worth investing time and money to av...
Is your home inventory up to date for estate planning purposes? “I remember when I made my first list; it seemed to take forever” said Marsha Goetting MSU Extension Family Economics Specialist. “But just in case the rental house burned down, or a tornado struck (living in Kansas at the time) we would have a record of what we owned for insurance purposes.” “Looking back, because we were just starting out the list was short compared to now. Thank goodness making a household inventory for insurance and estate planning purposes today is much easier...
This is a series of articles focusing on estate and legacy planning. The authors are Kaleena Miller, MSU Extension Madison-Jefferson County Agent, kaleena.miller1@montana.edu, and Marsha Goetting, MSU Extension Family Economics Specialist, marsha.goetting@montana.edu. “Property owners have several decisions to make when it comes to estate planning, and one of those is whether to give property to their heirs before or after death,” says Marsha Goetting, MSU Extension Family Economics Specialist. In deciding whether to make a gift before dea...
Montana State University Extension has partnered with the Montana Alzheimer's Work Group, the Department of Public Health and Human Services, Alzheimer's Association-Montana Chapter and AARP Montana to offer Montana-specific information for caregivers and others concerned about memory loss. The Work Group has a revised website with vital information on Alzheimer's in Montana, including resources for health care professionals and caregivers; a list of support agencies; and online education videos. Visit mtalzplan.org for more information. "Many...
Montana State University Extension is reminding Montanans to open a Medical Care Savings Account or make deposits into their accounts before Dec. 31 to save money on Montana income taxes. An MSA is an account used to reduce the cost of saving for medical expenses and long-term health care. According to Marsha Goetting, MSU Extension family economics specialist, an MSA offers several benefits, including a reduction on state income taxes. For example, if a person has taxable income over $21,600, they could save approximately $304 in state income...
This is a series of articles focusing on estate and legacy planning. Authors are Kaleena Miller, Madison-Jefferson County Extension Agent, kaleena.miller1@montana.edu and Marsha Goetting, MSU Extension Family Economics Specialist, goetting@montana.edu. Take a moment during this busy holiday season to think about estate planning from a “gifting while you are alive” perspective. Some Montanans have stated they have received the greatest satisfaction when they gift some assets before they pass on so they can watch their children and gra...
According to a report from the National Funeral Directors Association, Montana’s cremation rate is well above the national average of 58 percent. In 2021, 79 percent of people who died in the state were cremated. To address the rise in interest in cremations, MSU Extension has developed a MontGuide on the topic. According to Kaleena Miller, MSU Madison/Jefferson County agent, the MontGuide answers questions such as: Does my body have to be embalmed? Is a casket required? How can my family be assured the ashes given to them are mine? Which s...
This is a series of articles focusing on estate and legacy planning. Authors are Kaleena Miller, MSU Extension Madison-Jefferson County Agent, kaleena.miller1@montana.edu and Marsha Goetting, MSU Extension Family Economics Specialist, marsha.goetting@montana.edu. The Legislature has authorized the Attorney General’s Office to set up and support an End-of-Life Registry website for Montana citizens. The goal is to provide a place for citizens to securely store their advance directives online and to give authorized health care providers i...
This is a series of articles focusing on estate and legacy planning. Authors are Kaleena Miller, MSU Extension Madison-Jefferson County Agent, kaleena.miller1@montana.edu, and Marsha Goetting, MSU Extension Family Economics Specialist, marsha.goetting@montana.edu. If you have been in the hospital during the past few years, you know about a POLST. If not, you may ask, what is POLST? POLST is short for Provider Orders for Life-Sustaining Treatment. It is a medical order indicating treatment preferences for a person who has a life-threatening...
For the last 41 years, Montanans have donated their bodies to the Montana Body Donation Program (MBDP). Some Montanans are motivated by the desire to make a contribution to medical education. Others donate because they want to recognize the value and importance of using bodies for educating present and future health professionals about human anatomy. These include doctors, nurses, dentists, physician’s assistants, physical therapists, and students. Still, others donate because of their hope that knowledge will be gained to help future p...
This is part of monthly series of articles focusing on estate and legacy planning. Authors are Kaleena Miller, Madison-Jefferson County Extension Agent, kaleena.miller1@montana.edu, and Marsha Goetting, MSU Extension Family Economics Specialist, goetting@montana.edu. A person can create a testamentary trust with a written will says MarshaGoetting, MSU Extension family economics specialist. A testamentary trust is one that is set up according to the instructions contained in a person’s last will and testament. The owner’s property, such as sto...
This is the second in a series of 2022 articles focusing on estate and legacy planning. Authors are Kaleena Miller, MSU Extension Madison-Jefferson County Agent, kaleena.miller1@montana.edu and Marsha Goetting, MSU Extension Family Economics Specialist, goetting@montana.edu. During a holiday dinner, Margaret announced to her four children she wanted to be cremated and her ashes scatted in Yellowstone National Park because of all the time she and her husband spent there hiking. After Margaret’s death her daughter wanted to follow mom’s wis...
When a Montana resident dies, state law provides a process for deciding who is legally entitled to inherit financial accounts the deceased had with banks, credit unions or other entities such as brokerage firms. Montana property and contract laws, and provisions under the Montana Uniform Probate Code, dictate who becomes the legal successor(s) of certain accounts. “For example, when two people have a savings account in joint tenancy with right of survivorship, the surviving joint tenant becomes the legal successor. If an owner placed a p...
What if you were in an accident and were in intensive care for several weeks? What if you got COVID-19 and spent time in the hospital? Who would manage your finances while you were getting well? Who would protect the assets you have worked so hard to accumulate? A financial Power of Attorney (POA) is a legal tool that could help, said Kaleena Miller, MSU Madison-Jefferson Extension Agent. Montanans Marge and Jack have each executed a POA and have shared their reasons for doing so. Marge, age 79, is aware she becomes stressed when faced with...
Trusts gained more attention during the COVID-19 pandemic as a tool to manage financial affairs, according to Montana State University Extension educators. But a trust may not be the right choice for everyone. Individuals should learn the pros and cons of the distinct types of trusts available, said Marsha Goetting, MSU Extension family economics specialist. In Montana, the person who provides property and creates a trust is a “settlor,” also referred to as a grantor, donor, or trustor. The trustee is the individual, institution or org...
Montana State University educators say it is important for people to understand how they title property impacts who receives it upon their death. Whose name is on the deed for your home? Is it held in Joint with right of survivorship or as a tenancy in common? Whose name is on your savings account? MSU Extension family economics specialist Marsha Goetting and Madison-Jefferson County Extension agent Kaleena Miller said factors like property title laws combined with Montana intestacy statues impacts who inherits property after a person dies....
This is the fourth in a series of articles focusing on estate and legacy planning. After a person’s death, the matter of dividing up their personal belongings can become a complicated matter. Just imagine going into the home of someone who has died. As a personal representative (PR) what do you do with all the person’s “stuff?” If the PR is lucky the deceased took advantage of a Montana Uniform Probate Code provision allowing a person to create a separate list specifying the distribution of personal belongings that may have emotional value s...