MT Bar Wills, Trusts & Estates

Question 1

Under Montana's Uniform Probate Code (MCA Title 72), a valid will requires the testator to be at least:

Accepted Answer

18 years old or an emancipated minor

Answer

16 years old

Answer

21 years old

Answer

Any age if married

Question 2

In Montana, a holographic will is valid if it is:

Accepted Answer

Written entirely in the testator's handwriting and signed, with no witness requirement

Answer

Typed and signed by the testator

Answer

Witnessed by two witnesses and notarized

Answer

Notarized only

Question 3

Under Montana law, which of the following would cause a gift in a will to lapse?

Accepted Answer

The beneficiary predeceases the testator and no anti-lapse statute applies

Answer

The testator changes their mind before death

Answer

The will is contested by an heir

Answer

The estate has insufficient assets

Question 4

In Montana, a surviving spouse's elective share entitles the spouse to:

Accepted Answer

A supplemental amount based on a percentage of the augmented estate keyed to years of marriage

Answer

One-half of the entire estate regardless of the length of marriage

Answer

One-third of the probate estate only

Answer

Nothing if a prenuptial agreement exists

Question 5

Under Montana's Uniform Probate Code, intestate property of a decedent who dies leaving a spouse and children (all of the spouse) passes:

Accepted Answer

Entirely to the spouse

Answer

Half to the spouse and half to the children equally

Answer

Entirely to the children

Answer

One-third to the spouse and two-thirds to the children

Question 6

In Montana, a trust is generally created by:

Accepted Answer

A written instrument signed by the settlor or a court order

Answer

Filing a trust deed with the county clerk

Answer

Oral declaration alone in all cases

Answer

Recording a trust document with the Secretary of State