We know that thinking about death is a daunting task, but preparing for death with the appropriate documents offers significant benefits, providing peace of mind for both you and your loved ones. It ensures that your wishes are clearly communicated and legally enforced, preventing potential disputes and easing the burden on your family during a difficult time. We hope this short to-do list helps you get this process started. 

1. Inventory your assets and make a list of all real estate, personal property (of significant value), vehicles, bank accounts, retirement accounts, etc. Also include the account contact information. 
2. Inventory your debts and make a list of all debts as well as debt holder contact information. 
3. Update your retirement account and life insurance beneficiaries to ensure the payable on death beneficiaries are up-to-date. 
4. Update transfer on death designations for bank accounts, investment accounts, CD's, etc. 
5. If you have funeral, burial, or cremation wishes, verbalize those wishes to your family members or write them down. Ensure that your loved ones know where to find these instructions. 
6. Create a "Legacy Contact" for social media accounts and email to ensure that the person you choose can access these accounts after your death. 
7. Choose a Personal Representative to administer your estate and affairs after you die. 
8. Meet with a trusted attorney and Draft a Last Will & Testament and/or a Trust, depending on your needs.
9. Meet with a trusted attorney and Draft a Durable Power of Attorney for Healthcare/Medical and Financial Decisions to be made prior to death. 
10. Meet with a trusted attorney and Draft a Living Will to assist loved ones in making end of life decisions. 
11. Keep the Original Last Will & Testament and/or Trust, Power of Attorney documents, and Living Will in a safe place where they can be found. Include the list of assets, debts, and accounts with these documents. 
12. Ensure that your Personal Representative and Power of Attorney know where to locate the original documents and how to access the documents. 

We hope this list is helpful in planning for your affairs and ensuring your wishes are clearly communicated and enforced.
​-Jill  

Losing a loved one can be an overwhelming experience, leaving you emotionally drained and facing a myriad of tasks that need immediate attention. From making funeral arrangements to handling legal matters, the sheer volume of decisions and responsibilities can feel daunting. A list of "what to do next" can be helpful in navigating this process, so we thought this list may be helpful to some of our friends. Of course this is not a comprehensive list, and legal assistance will likely be needed, but we hope this helpful in beginning the process of handling the affairs of your loved one. 

1. Handle the cremation, burial, funeral arrangements. 
2. Find (or look for) the Original Last Will & Testament and/or Trust Documents.
3. Gather Documents: Birth Certificate, Marriage Certificate, Death Certificate, Divorce Decrees, Social Security Card, Military Discharge Papers, Driver's License. 
4. ​Make a List of all accounts: Bank Accounts (Checking/Savings/Business), Credit Cards, Investments, Loans, Retirements, Insurance Policies (life, auto, home). 
5. ​Ensure that credit reporting agencies are aware of the death. 
6. Pay all expenses for funeral, burial, and debts as they come in. 
7. Forward Mail to Personal Representative, if applicable.
8. Change Utility Account mailing information, if applicable. 
9. ​Prepare an estate inventory including real estate, personal property, vehicles, financial accounts, etc. Compile a list of assets and known debts. Consider an appraisal on real estate.
10. Meet with an attorney and discuss informal probate (if there is a will) or formal probate (if there is not a will). 
11. ​Transfer real property owned as a joint tenant with right of survivorship or with a life estate.
12. Ensure all payable on death beneficiaries have been paid. 
13. Handle the distribution of assets.
14. File income taxes, if applicable. 
15. Close the Estate. 

We hope this is helpful in taking steps to handle the affairs of your loved one after death. 

​-Jill ​

We have previously written about what to do when you need a divorce, but if you find yourself needing a separation rather than a divorce, this might be a helpful read. Sometimes couples may wish to opt for a separation first, giving themselves time to figure out if they want to repair the relationship or move forward with the divorce. Often times a legal separation is used to establish financial boundaries and responsibilities, and can be a significant step forward in the event a dissolution occurs in the future. A legal separation can give the parties a peace of mind that they will not continue acquiring marital property and debts after the separation, making the dissolution less complicated. 

A legal separation can be obtained by filing a petition for separation with the District Court in the county in which you reside. You can do this yourself, using the forms found at www.courts.mt.gov/forms, or you can hire an attorney to assist with the process. A legal separation can be obtained using the same requirements as a dissolution, under M.C.A. 40-4-104. Whether or not you need an attorney often depends on whether you and your spouse agree, your ability to utilize legal documents, and your ability to handle court obligations without the assistance of an attorney. 

If you wish to divide assets at the time of separation, you will need a separation agreement to be filed as part of the separation process. If you wish to keep the marital assets and not separate assets, those assets will need to be equitably divided if you decide to move forward with the dissolution. 

If  you have minor children, a parenting plan will be necessary at the time of separation. The parenting plan should outline the parenting time for each parent, taking into account all of the circumstances, but always hinging on what is in the best interest of the minor children. A parenting plan is crucial to ensure that the separation goes as smoothly as possible for all parties involved, especially the children. 

If you and your spouse agree, you can submit joint documents to the court to obtain a your legal separation, including the joint parenting plan. If you and your spouse cannot agree, it is advisable to obtain an attorney to assist in this process. While it can be done by yourself, utilizing the forms found at www.courts.mt.gov/forms, it is often a process you will want an attorney’s assistance with. 

We hope this is helpful in gathering information for your situation. 

- Jill 

Happy New Year! If you are sitting down setting resolutions or goals for the new year, estate planning should be at the top of that list. You are never too young, or too old, to get your estate planning in order. See below for a list of things to consider when reviewing or starting your estate plan.

1. Will: It is a good time to review your current will, or write a will if you do not have one. A will is imperative for every individual, and should be reviewed yearly to ensure you don't have changes that need to be made. Wills do not have to be expensive or complicated, and every person, no matter their assets, should have one. See our blog on Wills here.
2. Power of Attorney (Medical and Financial): A Power of Attorney is a document that allows an agent (or person you designate) to act on your behalf when you cannot do so yourself. Without a Power of Attorney, a Court may need to decide what happens if you cannot decide yourself.
3. Beneficiary Designations: Many of your assets may be passed to your heirs without being dictated in a Will. Often times investment accounts and retirement accounts allow for a beneficiary designation. The New Year is a great time to review your beneficiary designations and/or list beneficiaries if you have not done so already. 
4. Living Will: Commonly confused with a Will, a Living Will is actually a document that allows you to instruct medical professionals on medical decisions, should you become too ill to communicate them.  A Living Will allows you to determine when to withdraw or withhold life-sustaining treatment in the event of permanent unconscious condition or terminally ill condition.
5. Other Considerations: Depending on your assets and wishes, you may want to consider a Trust. A Trust can be used to set aside certain assets for a specific purpose and designate a trustee who will manage the assets. You may also consider making a list of passwords, account usernames, etc. to have as part of your estate plan to provide to the person who will handle matters upon your passing.  

We hope this is helpful as you navigate New Year goals and plans. All the best in 2024.

​- Jill 

It’s the end of September now, and colleges and universities have been back in session for a couple months. The newness has worn off, and parents are coming to grips with having their kids away at college. It’s Fall, and the college students lives are filled with studying, football games, and fun. It all sounds great, until your college kid calls home and says they got in trouble. Often times this phone call can be life changing, and parents are left struggling with what to do and how to help. Here are some tips for what to do if your college kid finds themselves in a legal pickle. 

1. Assess the Damage: The trouble could be anything from being cited with a Minor in Possession, to Assault, to Sexual Assault and beyond. No matter the severity, the collateral consequences to your child could be severe, and it’s important to assess the situation and make a decision on how to proceed carefully. 
2. Know the School Policies: In Montana, the universities and colleges have codes of conduct that all students are required to abide by. The code of conduct likely also includes a section that states something like this:  “University may take notice of alleged violations of federal, state and local laws by students. When a student is arrested or otherwise subject to criminal charges the University may initiate proceedings to determine if the student has violated the Student Code of Conduct. The University reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal charges.” See University of Montana Code of Conduct. Generally, depending one hte severity of the offense and depending on the involvement of other students, the school may issue a temporary suspension until the case is resolved. In certain types of cases (violence against another student, sexual assault against another student, etc.), the student is likely to face a minimum suspension no matter the outcome of the criminal case. 
3. Talk to a Lawyer before your Kid talks to the School: If your kid gets in trouble while enrolled in college, no doubt the college is going to want to talk to the student. This generally involves and interview at the least and a Title IX hearing at the most. If your kid is facing criminal charges (even if they have not been formally charged), anything they say to the school officials can and will be used against them. Make sure you have the advice of counsel before sending your kid in to spill their guts. 
4. If your Student has been charged or ticketed, lawyer up: If you have read any of our other blog posts, you know that we don’t always recommend a lawyer. See our blog post “Do you Really Need a Lawyer?” However, when it comes to college students, we almost always recommend a lawyer. These kids are at the beginning of their adult life, with nothing but dreams and goals ahead of them. The last thing you want is for the minor in possession in college to prevent them from passing their background check as a teacher ten years later. If your student has been ticketed or charged, we always recommend lawyering up, in an effort to protect your student’s background and ensure they can continue on with their bright future. 
5. Tell your Kid Not to Talk: Tell your Kid to keep their mouth shut. Do not talk to anyone about the case, no matter how good of a friend you think that person is. “Talking” includes texting, snapping, messaging, etc. Too many times kids think they are confiding in a friend and venting via Snaps, and it ends up making things worse when the rumors spread and interviews happen. 

Stay calm, be smart, and you will get through the issue with your college kid. 
- Jill 

So, you got a DUI. You are likely nervous and looking for ways to get through the process. Here are 6 tips to get you through: 

1. Bond Out and/or Get a Ride Home: If you were booked in to jail, the first step is to bond yourself out or have a friend/family member bond you out. If not, make sure you have a safe ride home. 
2. Make Sure you know when your court date is set: The Officer will provide you with a citation, or ticket, which will indicate the court date. This is generally written as the following: "You are hereby given notice to appear in court (Court Name), located at (Court address), on or    before (Date) to answer this Charge." This tells you the deadline to contact the Court to set up an initial appearance and arraignment. Make sure you know the date and do not miss it. Make contact with an attorney or the court before that date passes. 
3. Hire An Attorney: It is imperative that you have an attorney for representation in a DUI Matter. Previously we have written about whether you really need a lawyer. We advise you always have a lawyer if you are charged with a DUI. DUI's have several collateral consequences upon conviction (license suspension, stacking penalties, etc.) and it is important to ensure you are well represented. If you cannot afford an attorney, you can ask the Court to appoint a public defender for this representation.
4. Make sure you know the status of your driver's license: Do not drive until you are sure of the status of your license. If you provided a breath test, it is likely your license is valid. This may change if you are convicted at a later date, but in the meantime your license is likely valid. You can check the status of your driver's license here to be safe. If you did not provide a breath test, or refused the breath test, your license is likely suspended under MCA 61-8-1032. Make it a priority to discuss with your lawyer the status of your license and whether you need to take steps to attempt to reinstate your license. License issues can be time sensitive, so make sure to discuss this with your attorney immediately. 
5. Stay out of trouble: The Court will set bond conditions on your case requiring you to stay out of trouble, not use or possess alcohol, and not be in bars. However, even before your initial appearance with the Court, it is a good idea to stay out of trouble and stay out of bars. Make sure you are proving to the Court that you take this matter seriously. 
6. Be Patient: Most of the time, criminal cases move slowly. Trust your attorney, and ask questions when you get nervous, but be patient as the process can take some time.  

We hope this is helpful.

​-Jill 

Well, summer is flying by at record pace and students are preparing to head back to school. Whether your child is starting middle school, or college, here are some of the most common legal issues faced by students, and how to ensure your student is protected.

1. Alcohol/Drugs: It has been said that alcohol and drug related issues are the most common legal issues faced by students. From Minor in Possession to DUI, certainly these issues have serious collateral consequences, including loss of driving privileges, potential employment challenges, and significant financial hardship. So what do you do if your student finds themselves facing one of these issues? First, protect your legal rights and get an attorney. It is my recommendation to always have an attorney on a DUI or Alcohol Related offense. If you can't afford an attorney, your student is eligible for a public defender, and should request the Court appoint one to them. Second, remind your student to not speak to anyone about the case. Anything they say can and will be used against them, and they should not discuss the case with anyone but the attorney or a parent. 
2. Criminal Activity on Campus: Criminal activity on campus generally leads to suspension or expulsion from school. This can cause serious issues for many reasons. If you have a middle school/high school student, they may not have another school option within 100 miles of your home. If you have a college student, the loss of tuition and credits is a huge financial hit, and other schools may frown on admission based on past conduct. Remind your student that any criminal activity, especially on campus, could lead to suspension or expulsion, making it difficult or impossible to continue their education. If your student does find themselves facing suspension or expulsion as a result of criminal conduct, make sure you have an attorney or trusted representative to assist you in meetings with the school. You will want to advocate for rehabilitative options in lieu of expulsion and suspension. 
3. Sex: One of the most common ways for a student to find themselves facing school suspension or expulsion is to be accused of a sex offense of any variety, especially with another student. Schools generally err on the side of caution to ensure victim safety, and it is very common for an accused student to be suspended during the investigation period at the very least. Remind your students about sex, consent, and age limits prior to them heading back to school. See this blog for more information on the laws surrounding sex offenses. 
4. Social Media: Social Media continues to be the most exciting way for students to communicate with each other, whether it be via Snapchat, Instagram, or BeReal. The most common rule of thumb for social media and students is the old saying "Don't post/text/snap anything you wouldn't show your grandmother." That is a good way to keep yourself in check. Remind students of the serious consequences of posting nudes, sharing nudes, harassing texts/messages, etc. Social Media troubles can lead to criminal charges, suspension from school, or expulsion from school. This blog provides more information on social media legal troubles. 
5. Landlord/Tenant: If you have a college student, there is a good chance they have a landlord. Most landlords are great with college students, but once in a while you will find one who is taking advantage of your student. Make sure all of the lease agreements, and other agreements, are in writing (text and email are fine). Make sure that your student fully understands and reads all the fine print of the lease before signing, and if they have a roommate, make sure the roommate does the same. Generally landlord/tenant issues come up when a student has not fully read the lease or doesn't understand all of the terms. If the student has questions about the lease, ask those questions before signing, and before moving in. 

We hope this is a helpful reminder and provides good insight for legal issues faced by students. For more information on what to do if your student gets in trouble, this blog may be helpful. 
Hope your students all have a great year!

- Jill 

What better day to discuss the marijuana laws in the State of Montana than 4-20? There is a lot of talk about marijuana today, but with the changes happening in all states surrounding recreational marijuana, it is important to know the laws surrounding the use of Marijuana to ensure you aren't setting yourself up for some legal trouble. 

1. Is Recreational Marijuana Legal? While Montana voters said "yes" to Recreational Marijuana in 2021, the use of marijuana is always a "gray area" within the law as the use of Recreational Marijuana remains illegal under Federal Law. While this doesn't change the State Law, it is important to remember this as you may be using in areas that Recreational Marijuana is still prohibited.  
2. Who can legally use recreational marijuana? It may appear as though "marijuan is legal" now, so there is nothing to worry about. Not so fast. Much like other laws, things are never quite that simple. In 2021, Montana begin the passing of recreational marijuana. Here's the scoop. You must be over 21 to legally use recreational marijuana. Marijuana consumption and possession is still prohibited in public and certain other locations. And, some counties are not allowed to sell recreational marijuana, depending on what the residents of those counties voted on.
3. Driving Under the Influence of Marijuana: Ok, so marijuana is legal. But driving under the influence of marijuana is not. This is tricky for a few reasons: many marijuana users don't believe they are "under the influence", but they may be under the laws of the State of Montana; and many marijuana users don't have any idea how to determine if they are legaly under the influence. Different than alcohol, there is not necessarily a sure way to determine if you are under the influence, with the exception of a blood test. Because it is unlikely that marijuana users will have the ability to blood test themselves prior to driving, this presents a problem. In Montana, it is against the law (See M.C.A. 61-8-1002), to drive a motor vehicle on a public roadway while "under the influence of ... any drug .... To determine if someone is "under the influence" of marijuana, the State of Montana has determined the per se limit for Marijuana is 5 ng/ml or more in the person's blood. If you are regularly smoking marijuana, there is a good chance your blood will show higher than 5 ng/mL on any average day. Other states have gotten rid of the per se limit for marijuana, stating that in order to prove a person is driving under the influence of marijuana, it must be proven that the person is actually Impaired, which is not always the case just based on the level of THC in a person's blood. Unfortunately, the science regarding per se limits and Marijuana DUI's is lacking, and therefore many individuals are being convicted of a Marijuana DUI even though their driving is not affected by the use of marijuana. In some cases, driver's who have not used marijuana or several hours or even a day have been convicted of Marijuana DUI simply based on the level of THC in their blood. The National Highway Traffic Safety Administration stated "Currently, there is no impairment standard for drivers under the influence of marijuana. Many of the reasons for this are discussed elsewhere in this report. They include the fact that there is no chemical test for marijuana impairment, like a BAC or BrAC test for alcohol that quantifies the amount of alcohol in their body, indicates the degree of impairment, and the risk of crash involvement that results from the use of alcohol." That said, Marijuana users in the State of Montana should be aware that Montana still uses a per se limit standard when determining whether someone is DUI for Marijuana.
4. Marijuana in Your Car: If you have Marijuana in your car, don't cross State lines without knowing the laws in those states. Some states surrounding Montana have strict Marijuana laws, and the last thing you want to do is end up with a criminal charge in another state. 

So, what should you do to protect yourself moving forward? Be aware of the laws, especially DUI laws, and make sure you aren't driving under the influence or driving when your blood may show THC above 5 ng/mL, or you could end up facing legal issues. Importantly, Marijuana DUI's in Montana hold the same consequences as Alcohol DUI's, and come with stiff penalties. 

If in doubt, ask a lawyer. Hope this is helpful and not too much of a "buzz kill" for your day.

- Jill 

This one is for the parents of teens and young adults. If you've been reading for a while, you may recall the blog done in May, 2020 where we discussed how to protect your kids from social media trouble. You can find that blog here. But this time, we are talking Snapchat directly. Snapchat is one of the most widely-used platforms for kids. Here's what Parents need to know when considering your kids using Snapchat:

1.     Privacy: Ok, so even adults don't read the "terms of service" before clicking "agree" and having that app handy to use. But Snapchat's Terms should scare parents. Here are just a few of the things you are agreeing to when signing up for Snapchat:"
      - No one under 13 is allowed to create an account for services. Additional services may require you to be even older."
      - "You Grant us a license to use your content. How broad that license is depends on the Services you use and the Settings you have selected."
       - "You grant Snap, Inc. and our affiliates a worldwide, royalty-free sublicensable and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content." 
      But the Terms aren't the only thing we should be looking out for. Snapchat has the ability to track its users to a very specific location, to include their home. The Snapmap will even show what the user is doing, ie. using a phone, driving a car, sitting outside in the cold, etc. Do you want your child being tracked by their "friends?" Most kids will say they only add true friends, people they know, but research shows this is simply not true, and that often times users have many "friends" they don't even know. If your kid is going to use Snapchat, make sure they are in "Ghostmode" and not sharing their location with anyone and everyone. 
2.     Addiction: Statistics show that 95% of teens have access to a smartphone, and 45% feel addicted to their smartphone. Let's face it, parents likely feel addicted to their smartphones. The addiction factor is real, and Snapchat has cleverly marketed their app to ensure the addiction continues. Users are given notifications of "streaks" (where a user Snaps another user every day). Streaks become a form of popularity in the teen world, and teens feel they have to respond to each Snap and be constantly checking their Snaps. Even more clever, Snapchat has a tool that puts emojis next to the Snap Friends, telling each user if they are "best friends, close to best friends, etc." Snapchat has become a popularity tool as well. Of course your teen will find themselves needing to constantly use the app. 
3.     ​Inappropriate Content: Your kid might argue that they don't do anything inappropriate on the app, or that their friends don't send them inappropriate content. All it takes is one swipe right to find the "Discover" portion of the app, and I can assure you, you don't want your kids viewing that content. 
4.     Everything Disappears:  The number one concern most parents have with Snapchat is that everything "disappears." Except, it doesn't. The disappearing factor of Snapchat provides Kids with a sense of security that simply isn't there. They will find themselves sending pictures and messages that they wouldn't normally send via text or other platforms, because they are just so sure it will disappear. Except it doesn't. Nothing disappears on the internet. If there is one lesson we can teach our kids regarding internet safety, that is the lesson. A screenshot by the other person, and the Snap is forever permanent. On the flip side, most Parents don't want their kids using an app where everything disappears, as there is no ability to monitor the communications. 
        Let's also talk about the Snapchat Vault, "My Eyes Only". This feature is used to keep memories and photos from being able to be seen. Kids might use this feature to keep parents from seeing Snaps that have been sent, saved, etc. This is often a place where inappropriate pictures might be stored for later use. 
5.     Legal Problems: Snapchat can land your child in some serious legal trouble. Everything from "Sexting" to Videoing, to Sharing Photos of Others, to Threats, have been and will be found on Snapchat and used to form the basis for arresting the Snapchat user. All it takes is a simple Google search to find thousands of articles where teens have landed themselves in criminal trouble for their Snapchat behavior.

     Snapchat can be fun, when used with parental supervision. I hope this helps you stay informed. Happy Parenting!

- Jill 

On January 13, 2022, the United States Supreme Court issued two long-awaited opinions after hearing arguments on January 7, 2022. The Supreme Court has issued a stay (a legal term used when a Court stops a legal proceeding or actions of a party) of the OSHA Vaccine Mandate and has upheld (a legal term meaning it will not change) the Medical Facility Mandate.

OSHA Mandate: In a decision that is sure to make history, the Supreme Court ruled on January 13, 2022 that the OSHA vaccine mandate would be stayed. The mandate applies to employers with at least 100 employees, and affected nearly 84 million workers. The mandate required workers to receive a Covid-19 vaccine, or test weekly at their own expense and wear a mask each workday. 

The Supreme Court noted that OSHA has never before imposed a mandate of this sort, and Congress has declined to enact any measure similar. The Supreme Court held that "this [is] no 'everyday exercise of federal power.'" Instead, it is a "significant encroachment into the lives - and health - of a vast number of employees." The Court held that "although COVID-19 is a risk that occurs in many workplaces, it is not an occupational hazard in most." The Court went on to say that COVID-19 comes with a universal risk and is no different from the day-to-day dangers that all face. "[A] vaccine mandate is strikingly unlike the workplace regulations that OSHA has typically imposed. A vaccination, after all, 'cannot be undone at the end of the workday.'" In summary, the Court held that OSHA was not put in place to issue mandates such as this. 

The Court addressed OSHA's argument hat the mandate was necessary by stating "it was not [the Court's] role", stating [A]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given given that agency the power to regulate public health more broadly." 

​Medical Facilities Mandate: The Secretary of Health and Human Services administers the Medicare and Medicaid programs, providing health insurance for millions of Americans. The Secretary issued a mandate stating that medical facilities must ensure staff is vaccinated if they wish to continue to receive funding. 

The Supreme Court held that the Secretary has long-established conditions required by medical facilities in order to receive funding, to include vaccination requirements. The Court held that the Secretary's mandate falls within the scope of authority granted to the Secretary. The Court additionally considered the widespread support of the mandate by healthcare workers and public health organizations, citing to several organizations and briefs filed in support of the mandate. 

The Court held that "[t]he Secretary did not exceed his ... authority in requiring that, in order to remain eligible for Medicare and Medicaid dollars, the facilities covered by the interim rule must ensure that their employees be vaccinated against COVID-19." 

No matter where you fall on vaccines, we hope this information is helpful in keeping you informed. 

Keep yourselves informed, and read on here for the decision: www.supremecourt.gov/opinions.

- Jill