Does Montana allow a tangible personal property memorandum?

Montana appears to expressly allow a tangible personal property memorandum by statute. Specifically, Montana Code Annotated § 72-2-533 states:

Separate writing identifying disposition of tangible personal property. (1) Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money.

(2) To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty.

(3) The writing may be:

(a) referred to as one to be in existence at the time of the testator's death;

(b) prepared before or after the execution of the will;

(c) altered by the testator after its preparation; and

(d) a writing that has no significance apart from its effect upon the dispositions made by the will.



Disclaimer: As estate planning is dependent on your specific situation and jurisdiction, you should contact an attorney to obtain advice regarding planning in your state. The above information is for informational purposes only.