For many of us in Montana, horses and other equines are part of who we are and are involved in our daily lives. Even if we don’t own a horse or mule, many of us are involved in activities where they are present from time to time. Whether you’re a horse owner, a rider, or an equine business owner, understanding Montana's equine liability statutes is crucial for protecting yourself from legal liability. Montana has specific laws in place to address the inherent risks associated with equine activities. These laws help clarify the responsibilities and potential liabilities of those involved in the horse industry.

What are Equine Liability Statutes?
Equine liability statutes are laws designed to protect horse owners, trainers, stable operators, and other participants in equine-related activities from certain legal claims. These laws acknowledge that horse riding and related activities come with inherent risks. Horses are unpredictable by nature, and accidents can happen even when everyone takes proper precautions.
In response, Montana’s equine liability statute provides some level of legal protection for those involved in equine activities, as long as they follow the necessary guidelines and maintain a reasonable standard of care.

Key Provisions of Montana's Equine Liability Statutes
In general, Montana’s equine liability statutes, codified at Montana Code Annotated § 27-1-725 through -727, state that the policy of the state is that “a person is not liable for damages sustained by another solely as a result of the risks inherent in equine activities,” unless that person is negligent and causes a foreseeable injury. Let’s unpack what this means.

1. Inherent Risks
The statute states that equine activities carry inherent risks. These risks include, but are not limited to:
· The unpredictable behavior of horses (such as bucking, kicking, or biting).
· Hazards related to terrain or weather conditions.
· Collisions with other animals, people, or objects.
· Riders not maintaining control of horses.

2. Assumption of Risk
Under Montana law, individuals who participate in equine activities are considered to have voluntarily accepted the inherent risks associated with these activities. In other words, if you choose to ride, train, or handle a horse, you assume a certain level of risk that accidents may occur, despite the best precautions.

3. Exceptions to Liability Protection
While Montana’s equine liability statute offers protection from many lawsuits, there are important exceptions to this protection. Equine professionals can still be held liable for accidents or injuries if:
· They provided faulty equipment or tack, which directly contributed to the accident;
· They provided an equine and failed to reasonably assess a participant’s ability to safely engage in the equine activity and the participant’s ability to safely handle the particular equine provided based on the participant’s representations as to their abilities;
· They were in lawful possession and control of land or facilities upon which a participant is riding and fail to address a dangerous condition on the land that they knew of or should have known of, that caused the injury to the participant;
· They acted with a willful or wanton disregard to safety, which caused the injury or harm; or
· They intentionally injured an equine activity participant.
In these instances, the statute does not shield equine professionals from liability, and they could face legal action.

What Does This Mean for Equine Owners?
If you own a horse, stable, or run any type of equine-related business in Montana in which you have participants, you must understand your responsibilities under the law. While the equine liability statute provides some level of protection, it doesn’t absolve you of all responsibility.
· Post Signage: Ensure that your facility displays visible signs regarding the inherent risks of equine activities.
· Maintain Safe Conditions: Always inspect equipment, tack, and facilities to ensure they are safe and in good working order.
· Assess Participants’ Skills: When hosting events or offering riding lessons, make sure to assess each participant's skill level and match them appropriately with horses and activities.
· Liability Waivers: Have participants sign liability waivers stating they understand the risks inherent with equine activities and agree to assume those risks, and that the equine or facility owner has diligently assessed the participant’s abilities, along inspecting any equipment provided.

What Does This Mean for Participants?
As someone participating in equine activities—whether it’s riding, training, or simply being around horses—Montana law expects you to understand the risks involved. It’s crucial to:
· Follow safety guidelines provided by professionals.
· Wear appropriate safety gear (e.g., helmets when riding).
· Be honest about your skill level when participating in equine activities.

Conclusion
Montana’s equine liability statutes provide vital legal protection for horse owners, trainers, and equine-related businesses by recognizing the inherent risks of working with horses. However, this protection isn’t absolute. Equine professionals and owners must follow best practices to ensure the safety of participants, and participants must acknowledge the risks involved in horseback riding and related activities.
Understanding and complying with these laws helps ensure that everyone—from casual riders to seasoned equestrians—can safely enjoy Montana’s rich equine culture. If you own a horse or operate an equine business, staying informed about these statutes and their requirements can save you from legal headaches down the road.
If you’d like to discuss this further or have a consultation regarding the sufficiency of your protection measures, give me a call!

A common goal among my clients and people I talk to about estate planning is the desire to create an estate plan that is effective and puts the least amount of stress on their heirs as possible, while also ensuring that they have control over how their assets transfer. In Montana, one effective tool for simplifying the transfer of real estate property is the Transfer on Death (TOD) Deed. This legal instrument offers a straightforward way to pass property to beneficiaries without the need for probate. Let’s dive into the details of TOD deeds in Montana, how they work, and their benefits.

What is a Transfer on Death Deed?
A Transfer on Death Deed, also known as a Beneficiary Deed, allows a property owner to designate a beneficiary who will automatically inherit the property upon the owner’s death. This deed does not take effect until the owner dies, allowing the owner full control over the property during their lifetime, including the right to sell, lease, or encumber it.

Legal Framework in Montana
Montana adopted the Uniform Real Property Transfer on Death Act, which governs the use of TOD deeds in the state. This act provides a standardized legal framework, ensuring that the process is clear and consistent across Montana.

Key Features of TOD Deeds

1. Non-Probate Transfer: One of the most significant advantages of a TOD deed is that it allows the property to bypass the probate process, which can be lengthy and costly. The property automatically transfers to the named beneficiary upon the owner’s death.
2. Revocability: The property owner retains the right to revoke or change the beneficiary designation at any time before their death. This flexibility ensures that the owner can adapt to changing circumstances or wishes.
3. Control During Lifetime: The owner maintains full control over the property while they are alive. They can sell, mortgage, or otherwise manage the property without the beneficiary’s consent.
4. Simplicity and Cost-Effectiveness: Creating a TOD deed is generally simpler and less expensive than setting up a trust or going through the probate process. It involves straightforward paperwork and recording the deed with the county recorder’s office.
   
   

Potential Pitfalls and Considerations
While TOD deeds offer many benefits, it’s important to consider potential pitfalls:

• Conflicts with Other Estate Plans: It is important to ensure that the TOD deed aligns with other elements of your estate plan to avoid conflicts or unintended consequences.
• Multiple Beneficiaries: If naming multiple beneficiaries, it is important to clarify in the TOD deed how the property should be divided to prevent disputes.
• Creditor Claims: Beneficiaries named in TOD deeds may still be subject to claims from the deceased’s creditors, as the property transfer does not negate existing debts.
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Conclusion
Transfer on Death Deeds provide a valuable option for Montana residents looking to streamline their estate planning and avoid probate. By offering a simple, flexible, and cost-effective method for transferring real estate, TOD deeds can help ensure that your property is distributed according to your wishes with minimal hassle for your beneficiaries. As with any legal tool, it’s advisable to consult with an estate planning attorney to ensure that a TOD deed fits well within your overall estate strategy and complies with Montana laws. If you’d like to discuss this option for your estate plan, give us a call today!
 

How you own real estate with any co-owners is an integral piece of your estate planning. Real estate ownership can take different forms, each with its own implications for ownership rights and property disposition. Two common types of ownership in real estate are joint tenancy with rights of survivorship (JTWROS) and tenancy in common (TIC). Understanding the differences between these forms can significantly impact your decision-making process when acquiring property. Let’s delve into each:
Joint Tenancy with Rights of Survivorship (JTWROS):Joint tenancy with rights of survivorship is a form of ownership where two or more individuals hold equal shares of the property. The key feature of JTWROS is the right of survivorship, which means that if one owner dies, their share automatically passes to the surviving owner(s) without going through probate. Here are some key points:

1. Equal Ownership: Each owner has an equal and undivided interest in the property.
   
2. Right of Survivorship: Upon the death of one owner, their share transfers directly to the surviving owner(s) automatically. This process avoids the need for probate proceedings.
   
3. Unity of Time, Title, Interest, and Possession: All owners must acquire their interests at the same time, by the same title, with equal ownership interests, and each must have an equal right to possession of the whole property.
   
4. Cannot Will Ownership: An owner cannot leave their share to heirs in a will; it automatically passes to the surviving co-owners.
   

Tenancy in Common (TIC):Tenancy in common is another form of joint ownership where each owner can hold different ownership percentages, and there is no right of survivorship. Here’s what you need to know about TIC:

1. Individual Ownership Shares: Unlike JTWROS, TIC allows owners to hold unequal shares of the property. For example, one owner might have a 60% interest, and another might hold 40%.
   
2. No Right of Survivorship: In TIC, if one owner dies, their share of the property is passed on to their heirs as specified in their will or according to state law. This share does not automatically transfer to the surviving owners.
   
3. Flexibility in Ownership: Owners can sell, transfer, or mortgage their individual shares without the consent of the other owners. This provides more flexibility compared to JTWROS.
   
4. Creation: TIC can arise by deed, will, or operation of law. It does not require the same unity of time, title, interest, and possession as JTWROS.
   

Key Considerations When Choosing Between JTWROS and TIC:

• Estate Planning: JTWROS is often preferred for estate planning purposes as it ensures seamless transfer of ownership to surviving owners without probate. TIC, on the other hand, allows for more control over who inherits the property.
  
• Relationship Between Owners: JTWROS is typically used between spouses or family members who wish to ensure that the surviving owner(s) retain full ownership automatically. TIC is common among business partners or friends who want more flexibility in ownership.
  
• Legal and Tax Implications: Both forms have different legal and tax implications, especially concerning income tax on rental income and capital gains taxes upon sale.
  

In Montana, multiple owners of a property will by default own the property as Tenants in Common unless their property deeds specifically states that the owners own the property as joint tenants with rights of survivorship. Be sure to check the deed on your property to see how you own the property with any co-owners. Whether you choose joint tenancy with rights of survivorship or tenancy in common depends largely on your specific circumstances, relationship with co-owners, and long-term plans for the property.

If you have questions on this or need to update your property ownership, give us a call! 

Estate planning is a crucial step in ensuring that your assets are distributed according to your wishes after you pass away. In Montana, two common tools for estate planning are wills and trusts. While both serve similar purposes, they have distinct features and benefits. Understanding the differences between wills and trusts can help you make informed decisions about how to structure your estate plan effectively.

Wills: A Traditional Approach to Estate Planning
A will is a legal document that outlines your instructions for the distribution of your assets upon your death. Here’s how wills work in Montana:

1. Flexibility: Wills offer flexibility in dictating who receives your property, allowing you to name beneficiaries and specify their shares.
2. Probate Process: In Montana, wills typically go through the probate process, during which the court oversees the distribution of assets and validates the will's authenticity. This process can be time-consuming and may involve court fees and legal expenses.
3. Public Record: Wills become public record upon your death, meaning that the contents of your will, including asset distribution and beneficiaries, can be accessed by anyone.
4. Executor Appointment: A will allows you to appoint an executor, who is responsible for managing your estate and ensuring that your wishes are carried out.

Trusts: A Versatile Estate Planning Tool
A trust is a legal arrangement where you transfer ownership of your assets to a trustee, who manages the assets on behalf of your beneficiaries. In Montana, trusts offer several advantages:

1. Avoiding Probate: Unlike wills, trusts bypass the probate process, leading to faster distribution of assets and potentially lower administrative costs.
2. Privacy: Trusts provide privacy since they do not become part of the public record. The terms of the trust, including asset distribution, remain confidential.
3. Asset Protection: Certain types of trusts, such as irrevocable trusts, can offer asset protection benefits, shielding assets from creditors and lawsuits.
4. Incapacity Planning: Trusts can also be used for incapacity planning, allowing a trustee to manage your assets if you become incapacitated and unable to make decisions.

Choosing the Right Option for You
When deciding between a will and a trust in Montana, consider the following factors:

1. Complexity of Assets: If you have complex assets or wish to provide ongoing management for beneficiaries, a trust may be preferable.
2. Privacy Concerns: If you value privacy and want to avoid public scrutiny of your estate, a trust may be a better option.
3. Cost and Administration: While trusts may involve higher upfront costs to establish, they can potentially save money and time in the long run by avoiding probate.
4. Desired Control: Wills offer more control over asset distribution, whereas trusts provide greater control over how assets are managed and distributed over time.

Seek Professional Guidance
Estate planning can be complex, and the decision between a will and a trust should be based on your individual circumstances and goals. Consulting with an experienced estate planning attorney in Montana is crucial to ensure that your estate plan reflects your wishes and provides maximum benefits for your loved ones.
In conclusion, both wills and trusts are valuable estate planning tools in Montana, each with its own advantages and considerations. By understanding the differences between the two and seeking professional guidance, you can create a comprehensive estate plan that protects your assets and provides for your family's future needs.

​Firearms wield a profound significance in the lives of many Montanans. They serve as tangible symbols of our Constitutional rights and the freedoms that define us as Americans. Beyond mere tools, firearms are conduits for cherished traditions, invoking memories of bonding with our fathers and embarking on hunting expeditions with our families. Over time, a collection of firearms often becomes a testament to personal history, comprising items of monetary, historical, and sentimental value.

Given the pivotal role firearms play in our lives, it's no wonder that many Montanans are exploring the creation of Gun Trusts—a legal safeguard designed to protect both the firearms themselves and those who interact with them.

A Gun Trust, created by a grantor, serves as a structured blueprint to ensure the lawful enjoyment of firearms during one's lifetime and their seamless transition to chosen heirs after death, ensuring continued enjoyment.

More than just a legal construct, a Gun Trust offers a strategic advantage in acquiring and possessing firearms and accessories, providing a shield against unlawful transfers. This shield is particularly crucial for firearms regulated by the National Firearm Act, including silencers, short-barreled rifles and shotguns, and machine guns.

Furthermore, Gun Trusts afford grantors the opportunity to choreograph end-of-life arrangements for their firearms. By designating specific beneficiaries and circumventing probate proceedings, grantors retain control over the destiny of their firearms, shielding them from potential legal entanglements and ensuring privacy.
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If you're intrigued by the concept of Gun Trusts and wish to delve deeper, don't hesitate to reach out. Your journey to safeguarding your firearms and securing your legacy awaits!

Do I Need a Will?
Most of us have asked ourselves the question, do I need a Will? The answer for most of us is yes, you should have a Will. Having a Will is especially important if you own any property (real or personal) and/or if you have children. 

Why Should I have a Will?
A Will is a legal document that describes how you would like your property and other assets distributed upon your death. We all work hard for what we have, and a Will gives you control over what happens to all that you worked for in your lifetime. A Will allows you to specifically allocate your personal property to your chosen beneficiaries. It also allows you to leave instructions on how your "residuary" estate, or any property not specifically accounted for, shall be distributed. If you do not leave a Will, your property will be subject to distribution via the laws of the state in which you are domiciled upon your death, which may or may not distribute your assets how you'd like them distributed. 

Wills also give you an opportunity to take inventory of your assets. Creating a Will gives many people a chance to take a look at what they own and consider the value of their assets. We don't often have an opportunity to do this, and going through this exercise is very beneficial and rewarding as you may come to realize what your hard work has allowed you to accomplish.

If you have children, you can also include protective provisions in your Will to provide for your children in the event something happens to you and/or the children's other parent while they are still young. You can designate who will become your children's legal guardians. You can also set up provisions for the management of your estate for your children until they reach an age where they are able to inherit your estate. 

These are just a few among many other benefits a Will can provide to you. There is no better peace of mind than knowing your estate is accounted for and will pass to your beneficiaries as you direct. An added benefit of Wills - they are personal to you. No one else has the right to see your Will during your lifetime. You can also change your Will at any point during your life. Therefore, there really is no downside to creating a Will. 

Can't I Draft a Will Myself?
There are options online to allow you to draft your own Will. However, there are specific requirements in Montana law that must be met in order for your Will to be valid and to protect your Will from contest. There are also many options that may be included in Wills depending on your unique circumstances. Therefore, I highly recommend working with an attorney to draft a Will tailored to your specific circumstances and wishes. Hiring an attorney to draft this important estate planning document is an investment to protect the legacy you have and are continuing to build, and to protect your family. 

Reach out today to get started!