Estate Planning Attorney in Missoula, MT
McAlister Law Office
At McAlister Law Office, our firm is deeply rooted in this community. Located in the heart of downtown, right next to the Missoula County Courthouse. Clear advice. Thoughtful planning.
Attorney Spotlight
35+ Years of Legal Experience
3,000+ Cases Completed
Free Consultation
Elder Law Member
Wealth Counsel Member
Licensed Montana Attorney
Choose McAlister Law For Your Estate Planning Needs
At McAlister Law Office, we bring more than 35 years of estate planning experience helping Missoula families protect what matters most. We believe estate planning should bring clarity and peace of mind rather than confusion and stress. That’s why we take the time to understand your family, your assets, and your goals. We walk you through each step of the process in plain language, helping you make confident decisions about your future. Our goal is simple: to create a clear, legally sound plan that protects your legacy and makes life easier for the people you love.
If you own property, have a family, or want a say in your medical care, having a legally sound plan in place ensures your wishes are respected and your loved ones are protected under Montana law.
What Is Estate Planning And Why Is It Important
Estate planning is the process of putting a clear plan in place for how your finances, property, and healthcare will be handled if you become unable to make decisions or after you pass away. It’s about making your wishes known ahead of time so your loved ones have guidance during difficult moments. This helps reduce confusion, conflict, and unnecessary delays. A thoughtful plan can also minimize the need for Montana courts to step in and make decisions on your behalf, saving your family time and stress.
Real People, Real Reviews
Don’t just take my word for it, hear directly from people who have worked with me in the past. I take great pride in providing clear, compassionate, and client-focused legal services to people like you.
John Springer
"Jamie did a great job preparing our will and trust. He was easy to talk to, efficient, affordable and extremely knowledgeable. I highly recommend him for everything to do with estate planning and more."
Liam Lederer
"Jamie and his team were very professional and knowledgeable. They made setting up an estate plan and living trust extremely easy. They explained every step in terms that made it easy to understand. I would highly recommend him and his team."
Courtney Fitterer
"We had an excellent experience working with Jamie and honestly couldn’t have asked for it to go any smoother. He was extremely knowledgeable, very thorough and really took the time to walk us through every step of the process in a way that actually made sense"
Is this you?
- Are you anxious about whether your assets will really be protected the way you intend?
- Do you worry about leaving behind unclear instructions that could lead to family conflict?
- Are you unsure how a will differs from a trust, and which one you actually need?
- Do you just want someone to explain everything in plain, straightforward terms?
Protect Your Family Today With McAlister Law Office
At McAlister Law Office, we believe protecting your family starts with thoughtful, proactive planning. As a father of four, I understand how important it is to create clarity and security for the people you love most. I bring a steady, detail-focused approach to every estate plan, crafting wills, trusts, and powers of attorney designed to hold up over time and provide real peace of mind when it matters most.
Services Offered:
Call or Book a Free Consultation Today
Missoula Estate Planning FAQs
What happens if I die in Montana without a formal estate plan?
If you pass away without a plan, your estate is subject to Montana’s intestate succession laws. This means the state, not you, decides who receives your assets based on a rigid legal formula. For example, if you have a spouse and children from a previous marriage, your spouse does not automatically inherit everything; instead, they receive a set dollar amount plus a fraction of the remaining assets, while your children receive the rest. This often creates unintended financial strain and can lead to costly court-supervised disputes that a proactive estate plan would have prevented.
Is my Montana estate subject to inheritance taxes?
As of 2026, Montana does not have a state-level inheritance or estate tax. However, you are still subject to federal estate tax laws. For 2026, the federal estate tax exemption is roughly $15 million per individual (double for married couples). If your estate exceeds these limits, your heirs could face a tax rate as high as 40%. Even if you are below this threshold, a strategic estate plan is necessary to minimize capital gains taxes and ensure that fiduciaries handle final income tax filings correctly for the estate.
How do I protect a family farm or ranch for the next generation?
In Missoula and the surrounding valleys, agricultural land is often the most valuable asset in an estate. Standard wills frequently fail here because they simply divide assets equally, which can force the sale of the land to pay out non-farming heirs. It is best to utilize specific succession planning strategies, such as Family Limited Partnerships or specialized agricultural trusts, to keep the operation intact. These tools allow the “farming heir” to continue working the land while providing an equitable (but perhaps not equal) inheritance to other children through life insurance or other liquid assets.
When should I consider getting an estate plan?
The best time is now, but the “critical” time is during any major life transition. It is recommended that residents review or start their plan during these five key life events:
Marriage or Divorce: To update beneficiary designations and inheritance rights.
Birth of a Child: Specifically to nominate legal guardians so the court doesn’t choose them for you.
Real Estate Purchase: To ensure your home or land is titled correctly to avoid probate.
Business Ownership: To establish a succession plan so your business survives your absence.
Health Changes: To ensure your medical and financial directives reflect your current wishes.
How can I ensure my spouse is provided for without accidentally disinheriting my children?
This is common for blended families. Under the Montana Uniform Probate Code, a surviving spouse is entitled to an elective share based on the length of the marriage. Without a comprehensive estate plan, leaving assets entirely to a spouse may accidentally disinherit children from a previous relationship if that spouse later alters their own plan. It is recommended to use specific strategies, such as a Qualified Terminable Interest Property trust, to provide a spouse with lifetime income and housing while ensuring the remaining principal eventually passes to your children. This approach protects your spouse’s lifestyle while securing your children’s inheritance.
Missoula Estate Planning Attorney Services Provided
We create Trusts that help your assets avoid probate, protect your privacy, and transfer smoothly to your beneficiaries.
We draft clear Wills that protect your loved ones, name decision-makers, and ensure your assets and final wishes are honored.
We help you appoint trusted decision-makers to manage your finances and healthcare if you become unable to.
We help you document your healthcare wishes so your preferences are honored if you can’t communicate.
Need an Estate Planning Attorney Located In Missoula, MT?
Contact McAlister Law Office today and get a free 30 minute consultation!