MSU Extension publishes new MontGuide on selecting an attorney for estate purposes

MSU News Service

BOZEMAN — Montana State University Extension has released a new MontGuide providing information about selecting an attorney to develop and implement an estate plan or to provide legal help with the probate process.

“When selecting an attorney to help develop an estate plan, it is helpful to have one who is well-informed about Montana will and trust laws and other legal tools,” Marsha Goetting, MSU Extension family economics specialist said. “You want the attorney to develop an estate plan tailored to your needs by considering your age, health, family, income, assets, goals and other circumstances.”

“If the goal is to find an attorney to help settle an estate or administer a probate, then look for one who is knowledgeable about the probate process and trust law in Montana, as attorneys have different areas of expertise,” added Ed Eck, professor emeritus at the Alexander Blewett III School of Law at the University of Montana. Eck is a co-author of the MontGuide.

The MontGuide outlines four steps Montanans could use to find the right attorney. Goetting recommends asking friends for referrals. After collecting referrals, make an appointment and ask what information to bring to the meeting. If you are searching for help with developing an estate plan, the attorney may send a questionnaire for you to complete before the appointment.

Before meeting with the attorney, prepare a list of questions to ask. During the initial session ask what percent of the attorney’s practice consists of estate planning and estate administration. Ask about the fee, if any, for the meeting. Often attorneys do not charge for the first meeting, Goetting said. Just as you are assessing the attorney, the attorney will want to determine whether their knowledge and skills are a fit for your needs. 

“Montanans who have been through the estate planning process emphasize the importance of having a good relationship with the attorney,” Goetting said. “The process of selecting an attorney whose major focus is estate planning or estate administration takes time. However, when you find an attorney you feel comfortable with and trust, you will feel the time spent was worth it.”

“Selecting an Attorney in Montana to Develop an Estate Plan or Administer an Estate (Probate)” can be found at https://store.msuextension.org/publications/FamilyFinancialManagement/MT202107HR.pdf. Copies are also available at Extension and reservation offices.