We protect your hard-earned assets from nursing home costs and other unforeseen challenges.
As proud Montanans, we understand the challenges you face and are dedicated to providing local, personalized solutions.
Our dedicated team provides compassionate, client-centered service every step of the way.
What will happen if you or a loved one needs long-term care? Will you lose everything to nursing home costs?
Is your family prepared for probate challenges?
How can you ensure your loved ones are cared for when you’re gone?
At Montana Elder Law, we understand how overwhelming these questions can feel. That’s why our mission is to give you peace of mind by creating a plan that safeguards your future and protects your family from unnecessary stress.
Let’s face these challenges together. Call us at (406) 549-0306 or click here to get started today.
Protect your assets and your family’s future with wills, trusts, and personalized plans.
Navigate Montana’s Medicaid rules and safeguard your savings from long-term care costs.
Compassionate guidance through Montana’s probate process to ease the burden on your loved ones.
Secure the care and benefits your loved one with disabilities deserves.
I’m the founder of Montana Elder Law. I started this firm in 2012 with a vision to create a legal practice focused on people, not paperwork. I believe in straightforward advice, flat fees, and plans that honor your family’s unique story.
With advanced training in Elder Law and a passion for protecting families, I’ve spent years helping people navigate the challenges of aging, long-term care, and asset protection. But at the heart of it all, I’m a family man. My greatest joy is spending time with my son, Gus, exploring Montana’s great outdoors.
If you’re looking for a trusted partner to help safeguard your family’s future, we’d love to meet you.
Estate planning focuses on creating wills, trusts, and powers of attorney to manage and distribute your assets after death or incapacity. Elder law is a specialized practice area that addresses the unique legal needs of aging individuals, including Medicaid planning, long-term care arrangements, guardianship, and nursing home rights. While estate planning is important for adults of all ages, elder law specifically helps seniors navigate healthcare costs, government benefits, and age-related legal challenges. Many elder law attorneys also provide comprehensive estate planning services.
Ideally, Medicaid planning should begin at least five years before you anticipate needing long-term care services. This is because Medicaid has a five-year “look-back period” that scrutinizes all financial transactions and asset transfers. Transferring assets within this window can result in penalty periods that delay eligibility. Early planning allows you to legally restructure assets, establish irrevocable trusts, and implement strategies that protect your estate while ensuring future Medicaid qualification. However, even if you’re facing an immediate need, experienced elder law attorneys can still employ crisis Medicaid planning techniques to preserve some assets.
Special needs planning protects government benefits like Supplemental Security Income (SSI) and Medicaid that disabled individuals depend on for healthcare and living expenses. A properly drafted special needs trust holds assets without disqualifying the beneficiary from means-tested programs. Protected assets can include inheritance money, personal injury settlements, life insurance proceeds, and gifts from family members. These funds can pay for supplemental expenses like education, recreation, therapy, technology, and quality-of-life improvements that government benefits don’t cover. The trust must be carefully structured to avoid being counted as available resources.
Not all estates require probate administration. Assets with designated beneficiaries, like life insurance policies, retirement accounts, and payable-on-death bank accounts, typically transfer directly without court involvement. Property held in joint tenancy with right of survivorship passes automatically to the surviving owner. Assets placed in revocable living trusts also avoid probate. However, any individually owned property without beneficiary designations generally requires probate. The necessity and complexity of probate depend on your state’s laws, the estate’s size, and how assets were titled. Proper estate planning can minimize or eliminate probate requirements entirely.
A comprehensive estate plan includes several key documents. A last will and testament directs asset distribution and names guardians for minor children. A revocable living trust can avoid probate and provide incapacity management. A durable power of attorney designates someone to manage financial affairs if you become incapacitated. A healthcare power of attorney appoints a medical decision-maker. A living will or advance directive specifies end-of-life care preferences. HIPAA authorization allows designated individuals to access medical information. Depending on your circumstances, you might also need trusts for tax planning, asset protection, or special needs.
Probate administration is the court-supervised process of settling a deceased person’s estate. The process begins when an executor files the will with the probate court and receives legal authority to act. The executor identifies and inventories all assets, notifies creditors and beneficiaries, pays outstanding debts and taxes, and distributes remaining assets according to the will or state intestacy laws. The court oversees major decisions and ensures proper administration. The process typically takes six months to two years, depending on estate complexity, state requirements, and whether disputes arise. Experienced probate attorneys help executors navigate requirements efficiently.
Absolutely—estate plans should be reviewed and updated regularly to remain effective. Life changes like marriage, divorce, births, deaths, significant asset changes, or relocations to different states often necessitate updates. You should review your estate plan every three to five years or after major life events. Wills can be modified through codicils or complete rewrites. Revocable trusts can be amended or restated. Powers of attorney and healthcare directives can be revoked and replaced. However, some documents like irrevocable trusts generally cannot be changed without court approval or beneficiary consent. Regular reviews ensure your plan reflects current wishes and laws.
2687 Palmer Street, Suite D
Missoula, MT 59808
(406) 549-0306
Our Mission is to utilize every applicable law and opportunity to protect the assets, peace of mind, and dignity of aging for Montanans.
Navigate Montana’s Medicaid rules and safeguard your savings from long-term care costs.
We begin with a detailed consultation to understand your assets, family dynamics, and wishes. Our estate planning attorneys create customized wills, trusts, and powers of attorney that protect your legacy and ensure your assets are distributed according to your desires while minimizing tax implications.
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For families with disabled loved ones, we establish special needs planning documents that protect government benefits while enhancing quality of life. Our specialized trusts ensure supplemental resources are available without jeopardizing SSI or Medicaid eligibility.
When the time comes, our probate and estate administration team guides executors through the court process efficiently. We handle asset distribution, creditor claims, tax filings, and all legal requirements to settle estates properly and minimize family stress during difficult times.
We serve clients throughout the state of Montana, including Billings, Bozeman, Missoula, Great Falls, Kalispell, and Helena.
In our first meeting, we learn from the true expert on your family—you!
Together, we design a personalized plan to protect you, your loved ones, and everything you value.
With your plan in place, you can relax and enjoy life’s best years to the fullest.
