Part One.

The statute(s) that govern Intestate Succession in the state of Montana are the:

1. Montana Code Annotated (MCA) 2013, Title 72. Estates Trust & Fiduciary Relationships. Chapter 2. Uniform Probate Code (UPC) – Intestacy, Wills and Donative Transfers. Part 1. Intestate Succession. 72-2-111. Intestate Estate:

(1) If a decedents estates is not disposed of by a will it passes through intestate succession to the decedents heirs.

(2) A decedent can exclude or limit the right of a person(s) or class to succeed property of the decedent by intestate succession. If that person or class member survives the decedent then the share of the decedents intestate estate has disclaimed an intestate share to that person(s) or class.

A) If a decedent is survived by a spouse and issue then the spouse receives the first $100,000 plus ½ of the balance. Decedents children receive ½ of the balance.

In the State of New York under the Estates Powers and Trust Law (EPTL) sec-4-1.1(a)(1) if a decedent is survived by a spouse and issue, the spouse receives $50,000 and ½ of the residue estate. The balance thereof to the issue(s) by representation.

B) If a decedent is survived by no spouse and no issue then estates goes to the parents of the decedent and they share equally if both are alive, if one survives then he/she receives entire estate. Brothers and sisters are equally divided (sibling descendants take by representation). Grandparents receive ½, if not living, to their descendants by representation.). Other relatives varies according to the degree of relationship. If no relatives are living or acknowledgeable then the estates gets Escheats to the State of Montana.

In the State of New York, if a decedent is survived by no spouse and no issue then the whole goes to the decedents surviving parent(s). If the decedent has no parents then the estate appoints to the issue of parents by representation. If not, then the estate appoints to the decedents grandparents.

The statute that provides the number of witnesses necessary to duly execute a will and that concerns holographic wills in the State of Montana is the MCA 2013, Title 72. Estates, Trusts and Fiduciary Relationship, Ch. 2 UPC – Intestacy, Wills and Donative Transfers, Part 5. Wills, Will Contracts and Custody and Deposit of Wills. sec – 72-2-522. Execution – witnessed wills – holographic wills: A will must be (a) in writing; (b) signed by the testator or the testators name by another person while in the presence of the testator; (c) signed by at least two individuals, signed within a reasonable time after witnessing either the signing of the will (b) or the testators knowledge of the signature or acknowledgement of the will.
(3) A will that does not comply with subsection (1) will be valid as a holographic will, whether or not it is witnessed, as long as the signature and material of the document are in the testators handwriting. (3) Intent the document constitute the testators will may be established by extrinsic evidence, including holographic wills and portions of the document that are not in the testators handwriting.

(4) In contrast to Montana laws of holographic wills, the State of New York does not honor/validate holographic wills. Under EPTL sec 3-2.2, only permits three groups of people to validly make these wills which are: members of armed forces/military/active military duty during a war, civilians accompanying the armed forces during a war, and mariners.
(5) In comparison to New York as far as the number of witness to the signing of a will it is the same in the Montana.

The city with the second largest population in the State of Montana is Missoula. A law firm that specializes in probate/estate planning (aka “trust and estates”) in the city is “Garlington Lohn Robinson” (GLR): http://www.garlington.com/Estate-Planning/Probate.shtml

The website to a real estate appraiser in the city of Missoula Montana is: http://www.appraisalservicesmt.com

The name and address of the court that handles probates in the city of Missoula Montana is the Missoula County Courthouse 4th Judicial District Court which has jurisdiction in Missoula and Mineral County of Montana. It is located at 200 West Broadway in downtown Missoula.

The Missoula College (University of Montana) has an Associate of Applied Science Degree for Paralegal Studies. The program is approved by the American Bar Association (ABA). The schools tuition is less than CUNY New York City College of Technology. The schools tuition is $1,707.75 per semester (estimate) for students who are residents of the state. Here is a link to the institute: http://www.mc.umt.edu/businesstech/paralegal/default.aspx

Part. 2

Arc Of Life
Artist: Stuart Nakamura
Completed in 2010 in Rose Park, Missoula Mt.

The Arc of Life pays homage to the firefighting and emergency services by the firefighters in the Missoula community with three art elements: stainless steel & granite interpretive centerpiece, a concrete pad with natural stone path and risers for engraved metal plates. Using the element of water as a symbol of life and sustenance, Arc of Life reaches into this aspect of tribute imagery to generate a remembrance of the act of saving lives. It’s a place for healing, remembrance and praise.