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Using a Homestead Declaration to Protect Your Home from Creditors

 

INSTRUCTIONS: MONTANA USING A HOMESTEAD DECLARATION TO PROTECT YOUR HOME FROM CREDITORS 

 

 

This article discusses an informational packet outlining to use a homestead declaration to protect up to $250,000 of your Montana home's value against creditors. This informational document can be found on the website maintained by the Montana State University Extension program.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 1: The first two paragraphs provide a general view of the document.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 2: The next two paragraphs define the term "homestead."

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 3: The next two paragraphs outline limitations on the maximum value of exempt property for a homestead declaration.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 4: The next paragraph provides a hypothetical example regarding a homestead declaration.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 5: The next three paragraphs outline two other hypothetical examples regarding homestead declarations.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 6: The next two paragraphs concern who should sign a homestead declaration.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 7: The next three paragraphs contain information about obtaining and completing a homestead declaration form.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 8: The next five paragraphs contain information about circumstances in which a homestead declaration would not provide protection against creditors.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 9: The next paragraph contains contact information for further information.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 10: The next two paragraphs contain information on undoing a homestead declaration.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 11: The next paragraph contains a summary of this document.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 12: The next section of the form contains references.

 

Montana Using A Homestead Declaration To Protect Your Home From Creditors Step 13: The remainder of this document contains acknowledgments and information about making copies of it for nonprofit educational purposes.

 

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Advance Directive Packet

 

INSTRUCTIONS: MONTANA ADVANCE DIRECTIVE PACKET

 

 

To file an advance directive documenting your wishes for health care in the event you are incapable of expressing them, you may file an advance directive. This is available as part of a packet from the website maintained by the Montana Department of Justice. The actual directive begins on the eleventh page of the packet.

 

Montana Advance Directive Packet Step 1: On the first blank line, enter your full name.

 

Montana Advance Directive Packet Step 2: Section 1 concerns steps to be taken if you are in a terminal condition and physician concludes you will die in a relatively short time without life sustaining treatment which only prolongs the dying process. Check all boxes next to statements expressing your wishes. 

 

Montana Advance Directive Packet Step 3: Section 2 allows you to document a chronic illness or serious disability that should not be mistaken for a terminal condition. Completion of this section is optional.

 

Montana Advance Directive Packet Step 4: Section 3 allows you to appoint someone with power of attorney to make health care decisions on your behalf if you are unable to. Indicate with a check mark whether you wish to appoint a health care representative.

 

Montana Advance Directive Packet Step 5:  If you wish to appoint a health care representative, print their full name on the first blank line of section A. Below, provide their address, home phone number and work phone number.

 

Montana Advance Directive Packet Step 6: In Section B, you may document up to two additional health care representatives.

 

Montana Advance Directive Packet Step 7: Section 4 requires your signature and that of up to two witnesses. Alternately, you may choose to have this form witnessed by a notary public. On the first three blank lines of Section A, enter the date, month and year.

 

Montana Advance Directive Packet Step 8: On the next blank line, enter your signature.

 

Montana Advance Directive Packet Step 9: On the next blank line, print your name.

 

Montana Advance Directive Packet Step 10: On the next three blank lines, enter your street address, city, state, zip code, home phone number and work phone number.

 

Montana Advance Directive Packet Step 11: Have witnesses complete Section B or have a notary public complete Section C.

 

Montana Advance Directive Packet Step 12: Special directions may be expressed in Section 5 on the last page.

 

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