What's the difference between a will and a trust?

A will takes effect only after you die and must go through the public probate court process. A trust takes effect as soon as you create it, keeps your assets out of probate, remains private, and allows for faster transfer to your heirs.

What happens if I die without a will in Montana?

If you die intestate (without a will), Montana law dictates who receives your assets. This formula may not match your wishes at all, especially in blended families or if you have an unmarried partner.

How long does probate take in Montana?

For a simple estate, probate typically takes 6 to 12 months. More complex estates or family disputes can extend the process to several years.

Can I update my estate plan later if my situation changes?

Yes. Most people use Revocable Living Trusts and standard wills, which can be amended, updated, or completely revoked at any time while you are alive and competent.

What is a durable power of attorney and why do I need one?

A durable power of attorney authorizes someone you trust to manage your finances (pay bills, access accounts) if you become incapacitated. Without it, your family would have to petition a judge for a conservatorship.

How do I protect my children from a previous marriage?

A properly structured trust can ensure your current spouse is provided for while legally reserving the remaining assets specifically for your children from a prior marriage.

Comfortable, Clear, and Done Right

Montana Estate Planning,
Done Right — At Your Kitchen Table.

Q: How much does estate planning cost in Montana?

Cost depends on your needs, but we offer transparent, flat-fee pricing for most estate plans so you know the exact cost upfront. We discuss this openly during your free consultation.

Q: Who should I name as guardian for my children?

You should name someone whose values align with yours and who is physically and financially capable of raising your children. It's also critical to name at least one backup guardian in case your first choice cannot serve.

Wills, trusts, powers of attorney, and probate guidance for families across southern and western Montana. Mobile practice — we come to you. Free consultation, available 7 days a week.

Mention this website when you call and receive a free 30-minute consultation.

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What Happens If You Don't Have a Plan

Straight answers, no scare tactics.

A lot of people put off estate planning because they don't want to think about the worst-case scenario. But leaving things unwritten doesn't prevent bad things from happening — it just leaves your family guessing when they are already grieving.

Without a Will: The state of Montana's intestacy laws decide who gets what. The state's formula is rigid and often does not match your actual wishes.
Without Guardian Designations: If both parents pass away, a judge who doesn't know your family will decide who raises your children. It could be a relative you wouldn't have chosen.
Without a Power of Attorney: If you become incapacitated by an accident or illness, your family may have to go to court just to pay your bills or manage your accounts.
Without an Advance Directive: Doctors may be forced to make life-or-death medical choices without knowing what you actually wanted.

These aren't scare tactics. They're just what happens. The good news: a basic plan takes only a couple of meetings to put in place, and the peace of mind lasts a lifetime.

The "I'm Not Rich Enough" Myth

Who Actually Needs an Estate Plan?

Estate planning isn't about how much you have. It's about who you love and what you want to happen when you're no longer able to speak for yourself.

Young Parents

Even if you have no major assets, you need a plan to designate guardianship for your kids and set up a trust to manage life insurance payouts.

Homeowners

If you own real estate, you need a will. More often, you need a living trust to keep your home out of the slow, public probate process.

Business & Ranch Owners

You need a concrete succession plan and buy-sell agreements so the operation isn't forced into a sale or paralyzed by family disputes.

Blended Families

Without careful planning, children from a previous marriage can be accidentally disinherited. A proper trust protects everyone fairly.

Aging Parents

The focus here shifts to protecting assets, establishing financial and healthcare Powers of Attorney, and easing the burden on adult children.

Special-Needs Families

A special needs trust is critical to provide for a disabled loved one without disqualifying them from essential government benefits.

Clear Documentation

What We Actually Prepare For You

Last Will and Testament

The foundational document. It names guardians for your minor children, distributes your basic assets, and names a trusted executor to handle your affairs.

Revocable Living Trust

A private vehicle to hold your assets. It keeps your family out of probate court, remains entirely private, and allows for much faster transfer to your heirs.

Durable Power of Attorney (Financial)

Empowers someone you deeply trust to handle your money, pay your bills, and manage property if you are in an accident or become incapacitated.

Healthcare Power of Attorney

Legally appoints a trusted person to communicate with doctors and make medical decisions on your behalf if you cannot speak for yourself.

Advance Directive / Living Will

Puts your specific medical wishes in writing—especially regarding end-of-life care, life support, and interventions—taking the heavy burden of decision-making off your family.

Probate & Trust Administration

Beyond creating plans, we help grieving families navigate the legal process of settling a loved one's estate or managing a trust properly after a death.

The Question Everyone Asks: Will vs. Trust

A Last Will

Simpler to set up initially
More affordable upfront
The only place to name child guardians
Must go through Probate Court
Becomes a matter of public record

Best for: Young families with few major assets who primarily need to name guardians for minor children.

A Living Trust

Bypasses Probate Court entirely
Remains completely private
Faster transfer of assets to heirs
Better control over when kids get money
Requires more upfront work & investment

Best for: Homeowners, business owners, and those wanting to spare their family the delay and cost of court.

We'll tell you honestly what you actually need. For some families, a solid will is enough. For others, a trust is well worth the investment. We don't sell you something you don't need.

The Conversion Risk

Thinking About LegalZoom or a DIY Kit?

Read this first: DIY documents are legally valid in Montana if they are executed flawlessly according to state law. The problem is, they rarely are.

Small mistakes cause massive problems. We routinely see DIY failures: improper witnessing, missing signatures, vague language that leads to sibling lawsuits, or trusts that were created but never actually funded (a trust with no assets inside it does absolutely nothing).

A $200 DIY will that gets thrown out by a judge ends up costing your family $20,000 in probate litigation. The point of hiring an attorney isn't to buy fancy paper — it's making sure the plan actually works when you're not here to fix it.

Our Promise: If your situation is genuinely simple — single, no kids, few assets — a DIY tool may be fine. We'll tell you that during the free consultation. We don't sell plans people don't need.

Understanding the Court Process

What is Montana Probate?

Probate is the legal court process required to settle an estate, pay debts, and distribute property after someone dies. Even if you have a Will, your estate still goes through probate.

Time: In Montana, it typically takes 6 to 12 months for simple estates.
Cost: Court fees, executor fees, and attorney fees often consume 3–7% of the estate's value.
Privacy: It is a public process. Anyone can view the records.

A properly funded Living Trust avoids this entirely. We help families both plan to avoid probate while you're alive, and gracefully navigate it when it can't be avoided after a loss.

No Surprises

Flat-Fee Pricing

Estate planning shouldn't be priced like a mystery. Most of our plans are flat-fee, not hourly — you know the exact cost before we ever begin.

Basic Will Package

Includes Last Will, Financial POA, and Healthcare Directive. Perfect for younger families.

Family Trust Package

Includes Revocable Living Trust, Pour-Over Will, POAs, and deeds to fund the trust. Avoids probate.

Business/Ranch Succession

Advanced planning including buy-sell agreements, LLC structuring, and specific legacy preservation.

We'll tell you what you need, what you don't, and what it costs openly during your free consultation.

Why Choose Loki Esq. Law PLLC

What Sets This Practice Apart

We Come to Your Kitchen Table

Mobile practice — Rev. RJ Dieken comes to your home, a local coffee shop, or meets virtually. You shouldn't have to drive across the state to protect your family.

Your Family, Your Attorney

Rev. RJ Dieken, Esq. personally handles the planning, the documents, and the conversations about your family's future. Available 7 days a week.

7 Days a Week & Evenings

Families are busy. We're available Monday through Sunday, 7:00 AM to 8:00 PM. We work around your work and family schedule, not the other way around.

Deep Legal Scholarship

Host of the Supreme Court Decision Syllabus Podcast — over 800+ episodes and daily updates. The law is not just a job; it's a dedicated life's work.

Coverage Map

Mobile Planning Across Southern and Western Montana

Estate planning across southern and western Montana, including:

Billings — Yellowstone Co.

Bozeman — Gallatin Co.

Livingston — Park Co.

Miles City — Custer Co.

Red Lodge — Carbon Co.

Big Timber — Sweet Grass Co.

Columbus — Stillwater Co.

Hardin — Big Horn Co.

Roundup — Musselshell Co.

Harlowton — Wheatland Co.

W. Sulphur Springs — Meagher

Ryegate — Golden Valley Co.

Don't see your town? Click to Call — we likely cover it.

Demystifying the Experience

How It Works: Step by Step

Free Consultation

A phone or video call. We listen to your family situation, answer your questions, and explain options. No pressure, no obligations.

Simple Intake

If we're a good fit, we send a straightforward questionnaire. You fill it out at your own pace from your home.

Design Meeting

We meet (in person or virtually) to review your goals, discuss the nuances, and finalize the blueprint of your plan.

Review Period

We draft your documents and send them for your review. We make sure you understand exactly what you are signing in plain English.

Signing & Peace of Mind

We meet to officially sign and notarize the documents. Your plan is active, and your family is protected. Most plans are completed in 2-3 weeks.

Common Questions

Frequently Asked Questions

Yes. Estate planning isn't just about money. It's about naming guardians for minor children, outlining your healthcare wishes if you are incapacitated, and designating someone to handle your affairs so your family doesn't have to go to court.

A will takes effect only after you die and must go through the public probate court process. A living trust takes effect as soon as you create it, keeps your assets out of probate, remains completely private, and allows for much faster transfer to your heirs.

If you die intestate (without a will), Montana law dictates who receives your assets based on a strict familial formula. This formula may not match your wishes at all, especially in blended families or if you have an unmarried long-term partner.

Cost depends on your specific needs, but we offer transparent, flat-fee pricing for most estate plans so you know the exact cost upfront. We discuss pricing openly during your free consultation—no hidden hourly fees.

DIY documents are valid IF executed perfectly according to state law. However, simple mistakes like improper witnessing or vague language frequently cause these documents to fail in probate court, ultimately costing families thousands of dollars in litigation to fix.

For a relatively simple estate, probate typically takes 6 to 12 months. However, more complex estates, or those involving family disputes or creditor claims, can extend the process to several years.

Yes. Most people use Revocable Living Trusts and standard wills. "Revocable" means they can be amended, updated, or completely undone at any time while you are still alive and competent.

A durable power of attorney authorizes someone you trust to manage your finances—like paying bills, accessing bank accounts, or managing property—if you become incapacitated. Without it, your family would have to petition a judge for a conservatorship.

You should name someone whose values align closely with yours, and who is physically, emotionally, and financially capable of raising your children. It's also critical to name at least one backup guardian in case your first choice cannot serve.

This is a common concern. A properly structured trust can ensure your current spouse is provided for during their lifetime, while legally reserving the remaining assets to pass specifically to your children from a prior marriage, rather than your current spouse's heirs.

It is a specific legal structure designed to provide financially for a disabled loved one without raising their personal assets above the threshold that would disqualify them from essential government benefits like SSI or Medicaid.

Yes. Business and ranch owners need specific succession planning, such as buy-sell agreements or specialized LLC structures, to ensure the operation transitions smoothly without being forced into a sale to pay estate taxes or being paralyzed by family disputes.

Montana Estate Planning, Done Right — At Your Kitchen Table.