MT Bar Wills Trusts and Estates

Question 1

Under the Montana Uniform Probate Code, a valid attested will requires:

Accepted Answer

The testator's signature and signature of two competent witnesses

Answer

Three witnesses and notarization

Answer

Only notarization without witnesses

Answer

Filing with the probate court before death

Question 2

A holographic will in Montana is valid if it is:

Accepted Answer

Entirely in the testator's own handwriting and signed

Answer

Typed and signed before two witnesses

Answer

Notarized and filed with the county clerk

Answer

Signed by the testator and one witness

Question 3

Under Montana's UPC, intestate succession distributes property of a person who dies without a will first to:

Accepted Answer

The surviving spouse and descendants

Answer

The state of Montana

Answer

Parents and siblings equally

Answer

Closest living relative without preference

Question 4

Testamentary capacity in Montana requires that the testator:

Accepted Answer

Be of legal age and sound mind at the time of execution

Answer

Have an attorney draft the will

Answer

Be free of all prescription medications

Answer

Have filed a pre-death notice of intent

Question 5

In Montana, a will may be revoked by:

Accepted Answer

Physical act such as burning or tearing, or by a subsequent valid will

Answer

Oral declaration before two witnesses only

Answer

Failure to file the will with the probate court

Answer

Marriage of the testator after will execution

Question 6

The elective share available to a surviving spouse in Montana allows them to claim:

Accepted Answer

A percentage of the augmented estate based on years of marriage

Answer

The entire estate regardless of the will

Answer

Exactly one-half of all marital property

Answer

Only the intestate share minus bequests received