Running a business in Montana offers many advantages—open spaces, a growing entrepreneurial ecosystem, and relatively low regulatory burdens. But along with those perks come risks that can threaten your hard-earned assets. 
Below, we will break down essential asset protection tips specific to Montana business owners.

Why Asset Protection MattersAsset protection is about legally structuring your business and personal finances to minimize exposure to lawsuits, creditors, or unexpected financial setbacks. A well-thought-out plan can mean the difference between weathering a legal storm and losing everything you've built.

1. Choose the Right Business StructureThe first line of defense is forming the appropriate legal entity.

• LLC (Limited Liability Company): This is a popular choice in Montana due to its flexibility and protection. An LLC separates your personal assets from your business liabilities.
  
• Corporation (C-Corp or S-Corp): These offer more rigid formalities but can be advantageous for tax planning and protecting shareholders.
  
• Sole Proprietorships and General Partnerships: These structures offer little to no liability protection. Avoid them unless you’re willing to take on personal risk.
  

2. Use Separate Entities for Risky AssetsIf you own multiple types of assets (e.g., real estate, equipment, intellectual property), consider holding them in separate LLCs. For example, your business can lease property from an LLC that owns the land—this creates a legal buffer between the operational risks of the business and valuable property assets.

3. Insurance: Don’t Skip ItEven with a strong legal structure, insurance is your financial safety net.

• General Liability Insurance
  
• Professional Liability (Errors & Omissions)
  
• Commercial Auto Insurance
  
• Umbrella Policies for High-Net-Worth Owners
  

Work with a Montana-based broker who understands local risks and regulations.

4. Keep Personal and Business Finances & Affairs Separate
One of the most common ways asset protection fails is through “piercing the corporate veil”—a situation where courts find you didn’t truly separate personal and business affairs. Use separate bank accounts, sign contracts in the business’s name, and maintain clear records. If you need guidance on whether your unique business operations may be at risk for piercing the corporate veil, I would be happy to discuss this with you.

6. Have a Succession PlanDon’t let the lack of a plan put your business or family at risk. Create or update your business succession plan, buy-sell agreements, and estate plans with a Montana attorney who understands both local laws and federal tax implications.

Final ThoughtsMontana’s favorable business climate makes it an attractive place to start and grow a business—but smart entrepreneurs don’t just focus on growth. They protect what they’ve built. Asset protection is not about hiding wealth—it’s about ensuring long-term sustainability, especially in uncertain times.

As a parent, your number one priority is ensuring the well-being of your children. From their daily needs to their long-term future, you make countless decisions to keep them safe and secure. However, one of the most important decisions you can make is often overlooked—creating a legally binding Will. If you have young children, having a Will is not just advisable; it is essential. Here’s why:

1. Appointing a Guardian
In the unfortunate event that both parents pass away, a Will allows you to specify who will take care of your children. Without a Will, the court will decide who becomes their guardian, and that decision may not align with your wishes. Naming a trusted family member or friend ensures your children will be raised by someone who shares your values and parenting philosophy.

2. Financial Security and Trusts
A Will enables you to establish a financial plan for your children’s future. You can designate how your assets will be distributed and even set up a trust to manage those assets responsibly. This can help ensure that money intended for your children’s well-being—such as education, healthcare, and daily expenses—is used wisely and not mismanaged.

3. Preventing Family Disputes
The absence of a Will can lead to confusion, disagreements, and even legal battles among family members. By clearly outlining your wishes, you minimize potential conflicts and ensure that your children’s future is handled according to your intentions, rather than leaving it up to interpretation.

4. Providing Peace of Mind
Life is unpredictable, and while no one likes to think about worst-case scenarios, being prepared can offer invaluable peace of mind. Knowing that you have a plan in place allows you to focus on enjoying time with your children without the lingering worry of an uncertain future for them.

5. Naming an Executor
A Will allows you to appoint an executor—someone you trust—to manage your estate, ensuring that your assets are distributed as per your wishes and that any debts or taxes are properly handled. Without a designated executor, the court will appoint someone, which may not align with your preferences.

Conclusion
Having a Will is one of the most responsible steps you can take as a parent. It’s not just about financial assets—it’s about securing your children’s future and ensuring they are cared for by the right people. If you haven’t already created a Will, now is the time to take action! Give us a call to get started!

Construction projects involve many moving parts, deadlines, budgets, and could also involve various stakeholders. Therefore, having a well-drafted contract is a must. Contracts serve as the foundation for successful business relationships, protecting both contractors and clients while ensuring clarity and accountability.
Here’s why both construction contractors and their clients should always have a solid contract in place before starting any project.

1. Clarity on Scope of Work
One of the biggest sources of disputes in construction projects is the misunderstanding of expectations. A contract clearly outlines the scope of work, including materials, labor, timelines, and deliverables. This minimizes confusion and helps prevent scope creep—where additional work is expected without additional compensation. Both parties benefit from a shared understanding of project expectations.

2. Legal Protection for Both Parties
A contract serves as a legally binding agreement that protects both the contractor and the client. In case of disagreements or disputes, a contract provides a legal framework for resolution. Without a contract, contractors may struggle to enforce payment terms, while clients may find it difficult to hold contractors accountable for quality and timelines.

3. Payment Terms and Financial Security
Timely payments are crucial for construction businesses, and clients also need assurance that they are paying for work completed as agreed. A contract specifies payment schedules, milestones, deposit requirements, and penalties for late payments, ensuring that the contractor is financially protected while the client has transparency and control over their investment.

4. Risk Management and Liability Protection
Construction projects inherently come with risks such as delays, accidents, and unforeseen circumstances. A contract can outline liability clauses, insurance requirements, and force majeure conditions, ensuring that neither contractors nor clients are unfairly burdened with unexpected costs or responsibilities.

5. Dispute Resolution Mechanisms
Even with the best planning, disputes can arise. A contract should include provisions for handling conflicts, whether through mediation, arbitration, or legal proceedings. Having a clear dispute resolution process saves both contractors and clients time, money, and unnecessary stress, fostering a more cooperative working relationship.

6. Regulatory Compliance and Permits
Contracts can specify compliance with local building codes, zoning laws, and permit requirements. This ensures that both parties adhere to legal and safety regulations, reducing the likelihood of fines, project shutdowns, or future legal complications for either party.

7. Project Timeline and Deadlines
Time is money in construction, and delays can be costly for both contractors and clients. A contract can set clear start and completion dates, along with penalties for delays or incentives for early completion. This encourages efficiency, accountability, and helps both parties manage expectations.

Final Thoughts
​Having a contract in place is not just about legal protection—it’s about setting the stage for a smooth and successful project. It provides clarity, reduces risks, and ensures that both the contractor and client are on the same page from the outset. Construction contractors who prioritize well-drafted contracts can safeguard their business, while clients gain peace of mind knowing their investment is secure and well-managed.
Contact us today for assistance in drafting construction contracts for your next project, including contracts for subcontractors!

The New Year means new opportunities to set goals and organize important aspects of your life—including your legal and financial matters. By taking proactive steps early in the year, you can safeguard your interests, protect your loved ones, and lay the groundwork for a successful year and future. Here are some essential legal tips to help you start the year on the right foot.

1. Review Your Will and Estate Plan
Life is ever-changing, and your estate plan should reflect your current wishes and circumstances. Start the year by reviewing your will, trusts, legal directives, and other estate planning documents.

• Account for Life Changes: If you’ve experienced major events like marriage, divorce, the birth of a child, or the acquisition of significant assets, your estate plan may need updates.
• Review Beneficiaries: Ensure your beneficiary designations on retirement accounts, life insurance policies, and other financial assets align with your overall estate plan.
• Consider a Living Trust: A living trust can help you avoid probate, maintain privacy, and ensure a smoother asset distribution process.

2. Check Your Property Deeds
Whether you own one property or multiple properties, it is important to understand how you own the property and how it will pass to beneficiaries upon your death. Co-owners can own property as joint tenants with rights of survivorship or as tenants in common. You can read our blog post regarding understanding real estate ownership to learn more. You can also read our blog post regarding Transfer on Death Deeds to learn more about real estate beneficiary designations. It is important to review your deed(s) to determine whether any changes to ownership or beneficiary designations need to be made in the New Year.

3. Check Your Contracts
Whether you’re a business owner or an individual with active agreements, reviewing contracts annually can help you stay compliant and avoid potential disputes.

• Identify Expiring Contracts: Note contracts set to expire or auto-renew this year and decide whether renegotiation is needed.
• Assess Lease Agreements: If you’re a landlord or tenant, ensure your lease terms are up-to-date and reflect current market conditions or legal requirements.
• Update Vendor and Client Agreements: For businesses, reviewing agreements with vendors and clients can help you identify areas for improvement or renegotiation.

4. Review Your Insurance Policies
Insurance is a critical component of financial and legal planning. Begin the year by reviewing your policies to ensure you’re adequately covered.

• Life Insurance: Verify that your coverage amount and beneficiary designations align with your current needs.
• Property and Liability Insurance: Update policies to reflect changes in property values or new liabilities.
• Business Insurance: Ensure your business has adequate coverage for property, liability, and workers’ compensation.

5. Organize Important Documents
Keeping your legal and financial documents organized can save time and reduce stress in an emergency.

• Create a Centralized System: Store important documents, such as wills, deeds, contracts, and insurance policies, in a secure, easily accessible location.
• Digitize Records: Maintain electronic copies of critical documents for added convenience and security.
• Share Access: Ensure trusted family members or advisors know how to access your documents if needed.

6. Set Legal Resolutions for the Year
Finally, take a proactive approach by setting legal resolutions for the New Year.

• Schedule Regular Reviews: Commit to reviewing your legal documents and contracts annually.
• Consult Professionals: Engage with an attorney, financial advisor, and/or tax professional to ensure your plans are comprehensive and legally sound.
• Educate Yourself: Stay informed about changes in laws that might impact your personal or business affairs.

Taking these steps at the beginning of the year can help you avoid future headaches, protect your assets, and ensure your plans align with your goals. Whether you’re updating your estate plan, reviewing contracts, or setting up trusts, a little effort now can save time and money later. For tailored advice and assistance, consult a trusted attorney who can guide you through the process and help you make the most of the year ahead.


​

As we gather with family for the holiday season, discussing estate planning may be a priority on many people's minds. However necessary these conversations are, they can often be challenging. These conversations often touch on sensitive topics such as finances, end-of-life care, and inheritance, which may bring up emotions or even conflict. Here are some thoughts and tips to help you in navigating these important conversations with loved ones.  
Why Discuss Estate Planning?Before diving into how to have the conversation, it’s important to understand why it’s necessary:

• Clarity and Transparency: Discussing your estate plan ensures that your wishes are clearly understood.
• Avoiding Conflict: Misunderstandings about inheritance or roles in executing the plan can lead to disputes.
• Peace of Mind: Open communication reassures everyone that a plan is in place to handle unforeseen circumstances.

How to Approach the Conversation

1. Choose the Right Time and Setting
   Timing and environment matter. Select a calm, neutral time when family members aren’t preoccupied or stressed. A private setting where everyone feels comfortable and secure can facilitate open dialogue.
   
2. Frame the Conversation Positively
   Introduce the topic with care. Instead of focusing on potential discomfort, emphasize the importance of preparation and family unity. For example:
   “I want to ensure that everything is clear and organized so there’s no confusion in the future.”
3. Be Transparent About Your Intentions
   Explain why you’re initiating the conversation. Whether it’s about updating a will, choosing a healthcare proxy, or clarifying inheritance plans, being upfront helps set the tone for a productive discussion.
   
4. Involve Everyone Equally
   Avoid singling out individuals unless necessary. Involving all key stakeholders—such as adult children, siblings, or other beneficiaries—encourages inclusivity and prevents feelings of favoritism or exclusion.
   
5. Use a Professional as a Neutral Mediator
   An estate attorney, financial planner, or mediator can provide expertise and serve as a neutral third party to address questions or concerns objectively. Their involvement can also help explain complex legal or financial terms.
   

Topics to Cover

• Your Current Estate Plan: Share details about your will, trusts, or other estate planning documents.
• Key Roles and Responsibilities: Identify who will serve as executor, power of attorney, or healthcare proxy, and explain why they were chosen.
• Long-Term Care Preferences: Discuss plans for healthcare, assisted living, or other end-of-life preferences.
• Legacy and Values: Beyond finances, you might also want to discuss the values or traditions you hope to pass on.

Navigating Challenges

1. Address Emotional Reactions with Empathy
   Estate planning can bring up strong emotions. Listen actively and acknowledge concerns without judgment.
   
2. Stay Focused on Facts and Goals
   If conflicts arise, gently steer the conversation back to the purpose: ensuring everyone’s understanding of the plan and reducing future uncertainties.
   
3. Take Breaks if Needed
   If the conversation becomes tense, it’s okay to pause and revisit the discussion later.
   

After the Conversation

• Document Changes: If any updates or adjustments are agreed upon, work with your attorney to formalize them.
• Follow Up: Estate planning isn’t a one-and-done process. Keep family members informed of significant updates or changes over time.

Final ThoughtsDiscussing estate planning with family may feel daunting, but it’s one of the most caring and considerate steps you can take to ensure your family members' legacies are preserved and protected. 

I hope you are able to enjoy valuable time with friends and family and I wish you all the best this holiday season!

​Starting a business in Montana can be an exciting venture. However, to get your business off the ground in Montana, there are specific steps you’ll need to follow to ensure that your company is protected and is compliant with state and federal law. In this post, we’ll cover the essential steps you should take when starting a business in Montana.

1. Choose Your Business Structure
The first step in setting up a business in Montana is selecting the right business structure. Common options include:

• Sole Proprietorship: Simple to establish, but the owner is personally liable for business debts.
• Partnership: Shared responsibility and profit between two or more people.
• Limited Liability Company (LLC): Offers limited liability protection for personal assets with fewer requirements than corporations.
• Corporation: Provides limited liability and can offer stock to attract investors but comes with more regulations.

Your choice of business structure will impact your taxes, liability, and even future growth potential.

2. Register Your Business Name
Once you’ve selected your business structure, you’ll need to choose and register a unique business name with the Montana Secretary of State. You can check the availability of your business name through the Montana Secretary of State’s Business Name Search tool.

If your business name is available, you can proceed with registering it:

• For sole proprietorships and partnerships using a fictitious business name, you may need to file for a DBA (Doing Business As) name with the Montana Secretary of State.
• LLCs and corporations automatically register their name as part of the formation process but can also file for a DBA if they intend to operate under a different name.

3. File for the Required Business Licenses and Permits
Depending on your industry, you may need various state, local, or federal licenses and permits to legally operate your business in Montana. For instance:

• Food Service Businesses: May need a health permit from the Montana Department of Public Health and Human Services.
• Construction Businesses: Often require contractor licenses from the Montana Department of Labor & Industry.

To determine which licenses or permits you’ll need, consult with your local city or county clerk and check industry requirements with the appropriate state departments.

If you will be offering independent contractor services, you will also need to obtain an Independent Contractor Exemption Certificate through the Montana Department of Labor & Industry.

4. Apply for an Employer Identification Number (EIN)
If you’re planning to hire employees, and in certain circumstances even if you will not hire employees, you’ll need to obtain an Employer Identification Number (EIN) from the IRS. The EIN functions as a Social Security number for your business and is essential for tax reporting, opening a business bank account, and payroll processing.
You can apply for an EIN online through the IRS website. The process is free, and in most cases, you’ll receive your EIN immediately.

5. Register for Montana State Taxes
Depending on your business structure, you may need to register for state payroll taxes. You should consult with an accountant to assist you in your business tax compliance. 

6. Draft Key Legal Documents
To ensure your business runs smoothly and is legally protected, you should consider obtaining the following key documents:

• Operating Agreement (for LLCs): This document outlines ownership and member responsibilities, operating procedures, and how profits are shared. While not required, it’s highly recommended to avoid future disputes.
• Partnership Agreement: For partnerships, this agreement clarifies each partner’s role, capital contribution, and profit-sharing to prevent conflicts.
• Articles of Incorporation (for Corporations): Required for corporations, this document officially forms the business and includes information about your business structure and stock issuance.
• Independent Contractor Agreements: This is important if you will be hiring independent contractors or being hired by other people or companies as an independent contractor. 
• Industry Specific Contracts: Depending on your industry, you should determine what other agreements may be necessary to ensure your operations run smoothly and your business is protected. 

7. Open a Business Bank Account
Opening a separate business bank account is essential for financial clarity and legal compliance. Maintaining a clear boundary between your personal and business finances is critical, especially if you’re running an LLC or corporation, as it helps protect your personal assets in case of legal action against the business.
To open a business bank account in Montana, you’ll typically need:

• Your EIN (Employer Identification Number)
• A copy of your business registration documents
• Your operating agreement or articles of incorporation, if applicable

8. Obtain Business Insurance
While Montana law doesn’t require most businesses to carry general liability insurance, it’s a wise investment to protect your business from potential risks. Common types of insurance for Montana businesses include:

• General Liability Insurance: Covers claims of bodily injury, property damage, and personal injury.
• Workers’ Compensation Insurance: Required if you have employees, it covers work-related injuries or illnesses.
• Professional Liability Insurance (also known as Errors & Omissions): Essential for service-based businesses to cover claims of negligence or malpractice.

Consult an insurance agent who specializes in business policies to determine the best coverage for your industry and business structure.

9. Stay Informed of Ongoing Compliance Requirements
Once your business is up and running, maintaining compliance with ongoing requirements is essential to avoid fines and penalties. In Montana, these include:

• Annual Report: LLCs and corporations are required to file an annual report with the Montana Secretary of State to maintain their active status.
• Tax Filings: Both federal and state taxes must be filed annually or quarterly, depending on your business’s revenue. You should consult with an accountant on your required tax filings. 

Additionally, update your business licenses and permits as needed, especially if your business grows or expands into new areas.

Conclusion
If you have further questions or need assistance in getting your business venture off the ground, give me a call!

A Power of Attorney (POA) is a valuable legal tool that allows you to designate someone to act on your behalf in financial, medical, or other personal matters. This guide will walk you through the different types of POAs available in Montana, how to create one, and important considerations for ensuring that your POA meets your needs.

What Is a Power of Attorney?
A Power of Attorney is a legal document that grants someone, known as the “agent” or “attorney-in-fact,” the authority to act on behalf of another person, called the “principal.” The agent can make decisions in areas such as finances, healthcare, property management, and legal matters. The scope of authority can vary based on the type of POA.

Types of Powers of Attorney in Montana
Montana recognizes different types of POAs, each serving specific purposes and situations:

1. General Power of Attorney: A General Power of Attorney gives the agent broad powers to handle most financial and legal matters on behalf of the principal. This might include managing bank accounts, paying bills, selling property, and handling investments. However, it typically becomes void if the principal becomes incapacitated.
2. Durable Power of Attorney: A Durable Power of Attorney remains in effect even if the principal becomes mentally or physically incapacitated. This makes it a powerful tool for long-term planning, ensuring that someone can handle your affairs if you are unable to do so.
3. Limited (or Special) Power of Attorney: A Limited Power of Attorney gives the agent authority to perform specific tasks, such as selling a house or managing a particular bank account. Once the task is completed or a certain time period ends, the POA expires.
4. Medical Power of Attorney: A Medical Power of Attorney (sometimes called a Healthcare POA) allows the agent to make medical decisions on behalf of the principal if they are unable to communicate or make decisions due to illness or incapacity. This document is often paired with a living will to guide healthcare choices.
5. Springing Power of Attorney: A Springing Power of Attorney only takes effect when a specific condition is met, such as the principal becoming incapacitated. This type of POA is useful for those who wish to retain control over their affairs until they are no longer capable.

Requirements for a Valid Power of Attorney in Montana
Creating a valid POA in Montana requires following specific legal requirements to ensure the document is enforceable. Here are the key requirements:

• Written Document: The POA must be in writing. Montana does not recognize verbal Powers of Attorney.
• Signed by the Principal: The principal must sign the document or direct someone else to sign it in their presence if they are unable to physically sign.
• Notarization: In Montana, the POA must be notarized to be considered valid. The notary will confirm the identity of the principal and ensure that they are signing voluntarily and with full mental capacity.
• Competency: The principal must be of sound mind when creating the POA, meaning they understand the nature and consequences of the document.
• Agent’s Acceptance: The agent must formally accept their role. In Montana, this acceptance can be implied by the agent acting under the authority of the POA, but it's often best to have a formal written acknowledgment.

When Does a POA Take Effect and End?

• Effective Date: A POA can take effect immediately upon signing or upon a future event, such as the principal’s incapacitation (in the case of a springing POA). The document will specify when it becomes active.
• Termination: A POA ends under the following conditions:
  • The principal revokes it in writing.
  • The principal dies.
  • A court invalidates the document.
  • The agent is no longer able or willing to serve, and no successor agent is named.
  • In the case of non-durable POAs, when the principal becomes incapacitated.

Revoking a Power of Attorney in Montana
A principal can revoke a Power of Attorney at any time, as long as they are competent. To revoke a POA:

• Draft a written revocation stating that the POA is no longer in effect.
• Notify the agent and any third parties (e.g., financial institutions or healthcare providers) who may rely on the POA.
• Depending on the nature of the POA, it may also be beneficial to file the revocation with the relevant governmental offices (such as a county clerk for property-related matters).

Choosing an Agent: Key Considerations
Selecting an agent is a critical decision. In Montana, you can choose any competent adult, including a family member, friend, or professional (like a lawyer or financial advisor). Keep in mind:

• Trustworthiness: The agent will have significant control over your affairs, so they must be someone you trust completely.
• Capability: Make sure the agent is capable of handling the responsibilities. For instance, someone with financial expertise may be well-suited to handle a General POA.
• Willingness: Always discuss your intentions with the person you plan to appoint to ensure they are willing to take on the role.

Conclusion
Establishing a Power of Attorney in Montana is an essential step in planning for the future and ensuring that someone you trust can manage your affairs if you become unable to do so. If you’re interested in learning more or creating Powers of Attorney, give me a call!

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.
  ​
  

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!