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Attorneys and Counselors based in Great Falls, Montana

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Scott, Tokerud, and McCarty
Great Falls, Montana, Estate Planning Law Firm
Scott, Tokerud, and McCarty
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Jan192023

Our Story: New Name, Same Values

Blog, Estate Planning, Firm NewsJanuary 19, 2023

Our Story: New Name, Same Values The story of our law firm begins in 1946 when Bill Scott came back…

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Dec292022

New Year’s Resolutions

Blog, Estate PlanningDecember 29, 2022

New Year’s Resolutions We all make New Year’s resolutions. Losing weight, exercising, learning a new language . . . .…

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Dec152022

Myth: A Will Avoids Probate

Blog, Estate AdministrationDecember 15, 2022

Myth: A Will Avoids Probate Many people believe that once they have created a Will–whether drafted by an experienced attorney…

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Nov172022

Giving to Charity

Blog, Charity PartnerNovember 17, 2022

Giving to Charity Giving to Charity We are all blessed to live in a giving community. Over the years, I…

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Oct202022

Estate Tax Exemption and Annual Gift Tax Exclusion for 2023

Blog, TaxOctober 20, 2022

Estate Tax Exemption and Annual Gift Tax Exclusion for 2023 Official Estate and Gift Tax Limits for 2023 The Internal…

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Sep152022

Does equal mean fair in estate planning? (Originally posted on January 19, 2018)

BlogSeptember 15, 2022

Does equal mean fair in estate planning? Our clients, as parents, want to treat their children fairly and equally. Splitting…

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Aug182022

The Inflation Reduction Act of 2022 – As Proposed

Blog, Estate Planning, TaxAugust 18, 2022

The Inflation Reduction Act of 2022 – As Proposed The Inflation Reduction Act of 2022 as Proposed – No Direct…

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Jul212022

Planning Checklist For Those Assisting Elderly Family Members

Blog, Estate PlanningJuly 21, 2022

Planning Checklist For Those Assisting Elderly Family Members I gave a presentation a few years ago at a local assisted…

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Jun162022

Estate and Long-Term Care Planning – Lessons From Baseball

Blog, Estate PlanningJune 16, 2022

Estate and Long-Term Care Planning – Lessons From Baseball Another baseball season is upon us. I’m always excited about the…

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May192022

A Family Meeting is Key in Your Estate Planning

Blog, Estate PlanningMay 19, 2022

A Family Meeting Can Play a Key Role in Your Estate Planning Over the years, both Keith and I have…

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Apr212022

The Value of Using Irrevocable Trusts in Medicaid Planning

Blog, Elder Law, MedicaidApril 21, 2022

The Value of Using Irrevocable Trusts in Medicaid Planning People often wonder about the value of using irrevocable trusts in…

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Mar172022

Distinctions Between a First-Party Special Needs Trust and a Third-Party Supplemental Needs Trust

Blog, Special Needs PlanningMarch 17, 2022

First Party Versus Third Party SNT A First-Party Special Needs Trust (SNT) and a Third-Party Supplemental Needs Trust (SNT) are…

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Nov152021

Gifting to a Minor with Special Needs

Blog, Special Needs PlanningNovember 15, 2021

Gifting to a Minor with Special Needs We previously have posted blog entries about special needs planning and about gifting. …

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Nov132021

If A Decedent Dies Without A Will, How Are The Assets Distributed?

Blog, Estate AdministrationNovember 13, 2021

If A Decedent Dies Without A Will, How Are The Assets Distributed? Each state has statutes called “Intestacy” statutes that…

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Nov122021

Estate Tax Exemption And Annual Gift Tax Exclusion For 2021

Blog, TaxNovember 12, 2021

Estate Tax Exemption And Annual Gift Tax Exclusion For 2021Official Estate and Gift Tax Limits for 2021 The Internal Revenue…

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Nov112021

Single ? Estate planning is still essential.

Blog, Estate PlanningNovember 11, 2021

Single? Estate planning is still essential. More people are living single than ever before. In 1970, just about one-third of…

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Oct282021

The “Dirty Dozen” – IRS Warns Against Scams

Blog, TaxOctober 28, 2021

The “Dirty Dozen” – IRS Warns Against Scams Each year, the IRS puts out its “dirty dozen” list. This is…

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Sep232021

Preparing for Coronavirus: The #1 Legal Document Every Adult Needs to Have (Round 2)

Blog, Estate PlanningSeptember 23, 2021

Preparing for Coronavirus: The #1 Legal Document Every Adult Needs to Have (Round 2) As we seem to be heading…

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Jul222021

Montana Supreme Court affirms that assets held in an irrevocable trust may be exempt for Medicaid purposes

Blog, Elder Law, MedicaidJuly 22, 2021

Montana Supreme Court affirms that assets held in an irrevocable trust may be exempt for Medicaid purposesLong-Term Care Costs Continue…

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Jun242021
When a Will and a Contract Conflict

When a Will and a Contract Conflict

Estate Administration, Estate PlanningJune 24, 2021

A Last Will and Testament devises one’s property after their passing. Great weight is given to this document; Wills have…

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May272021
May is National Elder Law Month

May is National Elder Law Month

Elder Law, MedicaidMay 27, 2021

May is National Elder Law Month. This designation was established by the National Academy of Elder Law Attorneys (NAELA), of…

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Apr222021
IRS Issues New Rules for ABLE Accounts

IRS Issues New Rules for ABLE Accounts

Special Needs Planning, TaxApril 22, 2021

ABLE accounts were authorized by the Achieving a Better Life Experience Act of 2014 and can be an excellent resource…

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Apr82021

Estate Planning Isn’t Just for Married Couples

Blog, Estate PlanningApril 8, 2021

Estate Planning Isn’t Just for Married Couples Estate planning is not only for married couples – if you are single,…

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Mar112021

Taypayer Bill of Rights

Blog, TaxMarch 11, 2021

Taypayer Bill of Rights With the tax filing season having started on February 12, 2021, for individual tax return filers,…

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Feb252021

Interview with Betsy Schaffer, Special Olympics Montana Athlete of the Year

Blog, Charity PartnerFebruary 25, 2021

Interview with Betsy Schaffer, Special Olympics Montana Athlete of the Year Special Olympics Montana Athlete of the Year  As we…

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Jan282021

Our Charity Partner of the Year

Blog, Charity PartnerJanuary 28, 2021

Our Charity Partner of the YearOur Charity Partner of the Year This year, Scott, Tokerud & McCarty will launch our…

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Jan142021

Probate Administration – Frequently Asked Questions

Blog, Estate AdministrationJanuary 14, 2021

Probate Administration – Frequently Asked Questions (This blog has been updated from the post dated August 8, 2012) 1. What…

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Dec172020

Giving to Charity

BlogDecember 17, 2020

Giving to Charity Giving to Charity  We are all blessed to live in a giving community. Over the years, I…

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Dec102020

Estate Tax Exemption And Annual Gift Tax Exclusion For 2021

BlogDecember 10, 2020

Estate Tax Exemption And Annual Gift Tax Exclusion For 2021 Official Estate and Gift Tax Limits for 2021  The Internal Revenue…

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Nov192020

Montana Transfer on Death Deed

BlogNovember 19, 2020

Montana Transfer on Death Deed Transfer on Death (TOD) Deed  Montana has replaced the Beneficiary Deed with the Transfer on…

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Nov122020

Our 2020 Reminder to Relax and Enjoy Life (Whenever & However You Can)

BlogNovember 12, 2020

Our 2020 Reminder to Relax and Enjoy Life (Whenever & However You Can) This year has been hard for so…

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Oct222020

How to Own Your Real Estate in Montana

BlogOctober 22, 2020

How to Own Your Real Estate in Montana Real Estate Ownership  Real estate encompasses not only one’s primary residence but…

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Oct202020

Estate Planning Terms to Know

BlogOctober 20, 2020

Estate Planning Terms to Know Estate Planning  Estate planning—it is an incredibly important tool, not just for the wealthy or…

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Oct152020

Estate Planning Strategies to Consider in an Election Year

BlogOctober 15, 2020

Estate Planning Strategies to Consider in an Election Year [Please note:  This post is shared and intended to be for…

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Oct82020

Potential Tax Law Changes That Would Affect Estate Planning

BlogOctober 8, 2020

Potential Tax Law Changes That Would Affect Estate Planning [Please note:  This post is shared and intended to be for…

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Sep242020

The Work of a Legal Assistant

BlogSeptember 24, 2020

The Work of a Legal Assistant If you Google “Legal Assistant” you would find job descriptions that list seemingly boring…

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Aug272020

Preparing for Coronavirus: The #1 Legal Document Every Adult Needs to Have

BlogAugust 27, 2020

Preparing for Coronavirus: The #1 Legal Document Every Adult Needs to Have As the coronavirus continues to disrupt daily life…

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Jul222020

Five Common Mistakes with “DIY” Estate Plans

BlogJuly 22, 2020

Five Common Mistakes with “DIY“ Estate Plans In light of the current pandemic, many people are becoming aware of the…

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Jun182020

Important Steps to Protect Your Special Beneficiaries

BlogJune 18, 2020

Important Steps to Protect Your Special Beneficiaries All children are a blessing. From the day they are born, you begin…

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May142020

Protect Your Finances From Coronavirus Complications

BlogMay 14, 2020

Protect Your Finances From Coronavirus Complications Many Americans spend a lot of time and effort in managing their finances. While…

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May72020

What should I do if I’ve received a Covid-19 Stimulus Check for a deceased person?

BlogMay 7, 2020

What should I do if I’ve received a Covid-19 Stimulus Check for a deceased person? It has come to our…

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Mar262020

CORONAVIRUS / COVID 19: Essential Estate Planning Considerations for Yourself and Loved Ones

BlogMarch 26, 2020

CORONAVIRUS / COVID 19: Essential Estate Planning Considerations for Yourself and Loved Ones With the threat and uncertainty of COVID-19,…

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Feb132020

If A Decedent Dies Without A Will, How Are The Assets Distributed?

BlogFebruary 13, 2020

If A Decedent Dies Without A Will, How Are The Assets Distributed? Each state has statutes called “Intestacy” statutes that…

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Jan162020

The SECURE Act and Your Estate Plan

BlogJanuary 16, 2020

The SECURE Act and Your Estate Plan On December 20, 2019, President Trump signed the Setting Every Community Up for…

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Nov212019

Myth: A Will Avoids Probate

BlogNovember 21, 2019

Myth: A Will Avoids Probate Many people believe that once they have created a Will–whether drafted by an experienced attorney…

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Oct242019

Estate Planning Awareness Week: The Importance to You and Your Family of Having an Estate Plan

BlogOctober 24, 2019

Estate Planning Awareness Week: The Importance to You and Your Family of Having an Estate Plan In 2008, Congress recognized…

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Oct102019

Why Living Trust Plans Don’t Work

BlogOctober 10, 2019

Why Living Trust Plans Don’t Work Many people think of estate planning as a one-time event. They may put a…

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Sep122019

529 Plans and Their Advantages

BlogSeptember 12, 2019

529 Plans and Their Advantages A 529 plan, otherwise known as a qualified tuition plan, is a tax-sheltered way of…

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Aug222019

Your Estate Plan – Follow George Washington’s Example

BlogAugust 22, 2019

Your Estate Plan – Follow George Washington’s Example We talk often about the importance of a well-thought out estate plan. …

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Aug82019

The Grantor Trust – It’s an Income Tax Concept

BlogAugust 8, 2019

The Grantor Trust – It’s an Income Tax Concept Many kinds of trusts are used in estate planning.  Trusts can…

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Jul252019

Who Should Handle Your Affairs?

BlogJuly 25, 2019

Who Should Handle Your Affairs? Have you taken the time to consider whom you want to name to help if…

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Jul112019

State Taxation of Trusts

BlogJuly 11, 2019

State Taxation of Trusts On June 21, 2019, the US Supreme Court ruled in North Carolina Department of Revenue v.…

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Jun272019

Are you prepared if disaster strikes?

BlogJune 27, 2019

Are you prepared if disaster strikes? The most common response I hear when I ask if a person has finished …

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Jun132019

Your Estate Plan – It’s Not Just About Your Assets, It’s About Your Legacy

BlogJune 13, 2019

Your Estate Plan – It’s Not Just About Your Assets, It’s About Your Legacy What’s most important to pass on…

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May302019

Hospital Ordered to Pay $400,000 in Do-Not-Resuscitate Lawsuit

BlogMay 30, 2019

Hospital Ordered to Pay $400,000 in Do-Not-Resuscitate Lawsuit I saw the following article in the Great Falls Tribune this past…

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May232019

Tanya is Retiring

BlogMay 23, 2019

Tanya is Retiring May 31st marks the last day for our longtime employee, Tanya Steil, who is retiring. She has…

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May92019

Coping with a Terminal Diagnosis: Getting Your Affairs in Order, Living Your Life

BlogMay 9, 2019

Coping with a Terminal Diagnosis: Getting Your Affairs in Order, Living Your Life A terminal illness diagnosis is always devastating,…

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Apr122019

All Natural Ways To Cope With Grief & Loss

BlogApril 12, 2019

All Natural Ways To Cope With Grief & Loss Unfortunately, loss is a part of life, and something that everyone…

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Apr42019

Federal Estate Tax Portability

BlogApril 4, 2019

Federal Estate Tax Portability This is a written summary of the availability of “portability” under the federal estate tax laws.…

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Mar212019

The “Death” Tax that Applies to Gifts

BlogMarch 21, 2019

The “Death” Tax that Applies to Gifts In the “old days” people made annual gifts to minimize taxes.  Today, that’s…

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Jan312019

What are your options to pay for long-term care?

BlogJanuary 31, 2019

What are your options to pay for long-term care? There are several common approaches for dealing with future long-term care…

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Jan172019

A Checklist for Family of Immediate Tasks After the Death of a loved One (Originally posted May 16, 2014)

BlogJanuary 17, 2019

A Checklist for Family of Immediate Tasks After the Death of a loved One (Originally posted May 16, 2014) With…

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Jan42019

Consider using a limited liability company in succession planning for your cabin or vacation home?

BlogJanuary 4, 2019

Consider using a limited liability company in succession planning for your cabin or vacation home? People who own cabins or…

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Dec202018

Who can make burial or cremation arrangements in Montana?

BlogDecember 20, 2018

Who can make burial or cremation arrangements in Montana? One question our office occasionally is asked is who can make…

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Nov22018

The Lighter Side–Everyone’s Life is a Story Worth Sharing, Even if Make-believe

BlogNovember 2, 2018

The Lighter Side–Everyone’s Life is a Story Worth Sharing, Even if Make-believe A couple of weeks ago, I came across…

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Oct82018

The 2014 Farm Bill Expired, Now What?

BlogOctober 8, 2018

The 2014 Farm Bill Expired, Now What? The Farm bill covers the country’s agricultural funding, conservation efforts, and food aid. …

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Oct82018

Long-Term Care: Planning and Paying for Your Eventual Needs

BlogOctober 8, 2018

Long-Term Care: Planning and Paying for Your Eventual Needs America’s population is living longer, and with longer lives come increasing…

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Sep212018

The Best and Most Practical Financial Advice for Seniors

BlogSeptember 21, 2018

The Best and Most Practical Financial Advice for Seniors It’s hard work to reach retirement, and you want to spend…

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Aug312018

The 10 commandments of retirement

BlogAugust 31, 2018

The 10 commandments of retirement I came across a good, concise, article on retirement that I want to share.  It…

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Aug172018

Which Business Entity Makes The Most Sense For Your Business?

BlogAugust 17, 2018

Which Business Entity Makes The Most Sense For Your Business? We always advise you to consult with a tax advisor,…

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Aug102018

The Importance of Estate Planning

BlogAugust 10, 2018

The Importance of Estate Planning It is estimated that a majority of Americans, perhaps over 60%, die without an estate…

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Aug32018

Think Twice About Adding Your Children to Your Bank Account or Other Assets

BlogAugust 3, 2018

Think Twice About Adding Your Children to Your Bank Account or Other Assets I see it often in our practice. …

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Jul272018

The Veterans Asset Protection Trust

BlogJuly 27, 2018

The Veterans Asset Protection Trust The Veterans Asset Protection Trust can be an applicable and beneficial option for many of…

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Jul202018

A New Tax Identification Number is Required for Revocable Living Trust After the Trustmaker’s Death

BlogJuly 20, 2018

A New Tax Identification Number is Required for Revocable Living Trust After the Trustmaker’s Death Many of our clients choose…

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Jul132018

What Is a Living Will?

BlogJuly 13, 2018

What Is a Living Will? A living will is a document that allows you to say what should happen if…

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Jul62018

Defining Your Goals

BlogJuly 6, 2018

Defining Your Goals Here is a great discussion about defining your goals when putting together your estate plan, as set…

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Jun292018

What a Will Does Not Do

BlogJune 29, 2018

What a Will Does Not Do A simple Will is a bares bones simple estate planning tool that contains not…

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Jun222018

Estate Planning Tips for Families with Disabled Beneficiaries

BlogJune 22, 2018

Estate Planning Tips for Families with Disabled Beneficiaries I recently came across an article on WealthManagement.com that does a good job of…

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Jun152018

Discussing End-of-Life Arrangements With Your Loved Ones

BlogJune 15, 2018

Discussing End-of-Life Arrangements With Your Loved Ones Understandably, most of us do not want to address the subject of death…

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Jun82018

Montana has adopted the Revised Uniform Fiduciary Access to Digital Assets Act

BlogJune 8, 2018

Montana has adopted the Revised Uniform Fiduciary Access to Digital Assets Act In today’s world, the nature of holding our…

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May252018

Estate planning for military families

BlogMay 25, 2018

Estate planning for military families With Memorial Day coming up, it is important to honor those that have served our…

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May252018

Questions & Answers When Looking for an Elder Law and Special Needs Planning Attorney

BlogMay 25, 2018

Questions & Answers When Looking for an Elder Law and Special Needs Planning Attorney May is national elder law month. …

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May112018

Common Misconceptions about Living Trusts

BlogMay 11, 2018

Common Misconceptions about Living Trusts People often hear things about living trusts from friends, family members and the media, and…

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May42018

The benefits of using an irrevocable asset protection trust for long-term care planning

BlogMay 4, 2018

The benefits of using an irrevocable asset protection trust for long-term care planning Last week we discussed the continuing rise…

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Apr272018

The cost of long-term care continues to rise

BlogApril 27, 2018

The cost of long-term care continues to rise Many people are shocked when they learn about the high cost of…

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Apr202018

Effects of Tax Cuts and Jobs Act (TCJA) on Estate Planning

BlogApril 20, 2018

Effects of Tax Cuts and Jobs Act (TCJA) on Estate Planning The Tax Cuts and Jobs Act (TCJA), which was…

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Apr132018

Estate Planning 101

BlogApril 13, 2018

Estate Planning 101 At its most basic, an estate plan is your plan to control your assets during life and…

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Apr62018

Pros and cons of taking Social Security at 62

BlogApril 6, 2018

Pros and cons of taking Social Security at 62 Last week’s blog explored the 10 reasons why today’s retirees are…

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Mar302018

10 Reasons Today’s Retirees are Relying on Social Security

BlogMarch 30, 2018

10 Reasons Today’s Retirees are Relying on Social Security This is the first of two-blog post that will focus on…

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Mar232018

Two provisions under the new tax law positively affect ABLE accounts

BlogMarch 23, 2018

Two provisions under the new tax law positively affect ABLE accounts The Tax Cuts and Jobs Act includes two provisions…

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Mar162018

Refinancing your principal residence when owned by your revocable living trust

BlogMarch 16, 2018

Refinancing your principal residence when owned by your revocable living trust We occasionally get calls from clients who are trying to…

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Mar92018

How Caregivers Can Deal With Stress Related Insomnia

BlogMarch 9, 2018

How Caregivers Can Deal With Stress Related Insomnia Imagine a 50-year-old man caring for his elderly mother. His mother lives…

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Mar22018

Three common mistakes to avoid when planning the succession of your business

BlogMarch 2, 2018

Three common mistakes to avoid when planning the succession of your business Many small business owners are focused on running…

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Feb232018

The role of a premarital agreement in estate planning

BlogFebruary 23, 2018

The role of a premarital agreement in estate planning A premarital agreement, also known as a prenuptial agreement or prenup,…

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Feb162018

Safekeeping your estate planning documents

BlogFebruary 16, 2018

Safekeeping your estate planning documents I received a call this week from a client who asked for copies of his…

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Feb92018

Estate Planning – The Best Plan is YOUR Plan

BlogFebruary 9, 2018

Estate Planning – The Best Plan is YOUR Plan Here are some tips on maintaining control while in the process…

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Feb22018

Estate Planning: Why you should NOT do it yourself

BlogFebruary 2, 2018

Estate Planning: Why you should NOT do it yourself Today’s blog is authored by LaTonya Elliott, one of the legal…

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Jan262018

Use of a personal property memorandum – sometimes you need to sweat the small stuff

BlogJanuary 26, 2018

Use of a personal property memorandum – sometimes you need to sweat the small stuff An elderly woman has an…

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Jan192018

Does equal mean fair in estate planning?

BlogJanuary 19, 2018

Does equal mean fair in estate planning? Our clients, as parents, want to treat their children fairly and equally. Splitting…

Read more
Jan122018

Use of incentive trusts in estate planning

BlogJanuary 12, 2018

Use of incentive trusts in estate planning Many clients today are concerned about not only transferring their estates upon death…

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Jan52018

Choosing Your Estate Planning Team

BlogJanuary 5, 2018

Choosing Your Estate Planning Team Here are some tips when choosing an estate planning team, as set forth in Keith’s…

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Dec292017

What is Estate Planning?

BlogDecember 29, 2017

What is Estate Planning? Here is our definition of estate planning, as set forth in Keith’s book, “Introduction to Estate…

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Dec222017

Understanding IRA Required Minimum Distributions (RMDs)

BlogDecember 22, 2017

Understanding IRA Required Minimum Distributions (RMDs) The money you contribute to a traditional Individual Retirement Account is not counted as…

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Dec82017

Our Living Trust Planning Process

BlogDecember 8, 2017

Our Living Trust Planning Process Here’s how our unique process for trust-based estate planning, Peace of Mind By Design, works.  Our…

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Dec12017

Montana Beneficiary Deed

BlogDecember 1, 2017

Montana Beneficiary Deed (Please note: The 2019 Montana Legislature replaced Beneficiary Deeds with Transfer on Death Deeds.  See blog posted…

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Nov242017

Blog Anniversary

BlogNovember 24, 2017

Blog Anniversary December 1st will be a milestone in our office.  We started our blog 7 years ago and we have…

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Nov172017

The Tax Cuts and Jobs Act: no change to treatment of retirement accounts

BlogNovember 17, 2017

The Tax Cuts and Jobs Act: no change to treatment of retirement accounts On November 2, 2017, Republicans in the…

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Nov102017

Veterans Day – remembering my father and thanking all those that have served

BlogNovember 10, 2017

Veterans Day – remembering my father and thanking all those that have served My father has been deceased for over…

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Nov32017

Helping Someone with Alzheimer’s Cope with a Spouse’s Death

BlogNovember 3, 2017

Helping Someone with Alzheimer’s Cope with a Spouse’s Death Losing a loved one to death is a traumatic experience for…

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Oct272017

The risks of holding assets as joint tenants in order to avoid probate

BlogOctober 27, 2017

The risks of holding assets as joint tenants in order to avoid probate Owning assets jointly with one or more…

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Oct202017

Near Retirement? Five Plans You Must Have in Place.

BlogOctober 20, 2017

Near Retirement? Five Plans You Must Have in Place. I came across a short but important article in a recent…

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Oct152017

Funding is vitally important in trust-based planning

BlogOctober 15, 2017

Funding is vitally important in trust-based planning One of the best tools estate planning attorneys can utilize for clients is…

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Oct122017

Single? Estate planning is still essential.

BlogOctober 12, 2017

Single? Estate planning is still essential. More people are living single than ever before. In 1970, just about one-third of…

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Oct62017

Update – Montanans with disabilities can now establish ABLE accounts

BlogOctober 6, 2017

Update – Montanans with disabilities can now establish ABLE accounts In my blog post of January 21, 2015, we reported…

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Sep292017

Projected estate tax exemption and annual gift tax exclusion for 2018

BlogSeptember 29, 2017

Projected estate tax exemption and annual gift tax exclusion for 2018 The Consumer Price Index was released by the Labor…

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Sep222017

5 Retirement Planning Steps to Take When You Divorce

BlogSeptember 22, 2017

5 Retirement Planning Steps to Take When You Divorce I came across a short but important article related to retirement…

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Sep152017

What effect does moving out of state have on your estate plan?

UncategorizedSeptember 15, 2017

What effect does moving out of state have on your estate plan? Generally speaking, an estate plan, including a will…

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Sep82017

A Brief History of the Federal Estate Tax

BlogSeptember 8, 2017

A Brief History of the Federal Estate Tax test Permalink Comment

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Sep12017

How You Can Use Tech To Care For Seniors Far Away

BlogSeptember 1, 2017

How You Can Use Tech To Care For Seniors Far Away This was submitted to us by a guest blogger. …

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Aug252017

Tough Decisions!

BlogAugust 25, 2017

Tough Decisions! My fiancé is the type of man that every woman dreams of.  He has been taking care of…

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Aug212017

The Beneficiary-Controlled Trust

BlogAugust 21, 2017

The Beneficiary-Controlled Trust The beneficiary-controlled trust (sometimes called an inheritor’s trust) is a vehicle for an heir to receive -…

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Aug112017

The Importance of the Step-Up Basis Rule

BlogAugust 11, 2017

The Importance of the Step-Up Basis Rule Before Congress enacted legislation a few years ago dramatically increasing the estate exemption…

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Aug12017

Kids off to College? Key Legal Documents Needed.

BlogAugust 1, 2017

Kids off to College? Key Legal Documents Needed. It is the time of year for our children to be going…

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Jul282017

Family Bank Trust

BlogJuly 28, 2017

Family Bank Trust Any person currently may make a tax-free gift of up to $14,000 each year to anyone he…

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Jul212017

Should You Consider an IRA Trust for Your Estate Plan?

BlogJuly 21, 2017

Should You Consider an IRA Trust for Your Estate Plan? The biggest advantage of IRAs and other tax-deferred retirement savings…

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Jul132017

Spendthrift Provisions in Trusts

BlogJuly 13, 2017

Spendthrift Provisions in Trusts provision? It is language contained within a revocable or irrevocable trust that limits the beneficiary’s legal…

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Jul72017

8 Estate Planning Things to Do Before You Travel

BlogJuly 7, 2017

8 Estate Planning Things to Do Before You Travel My colleague and friend, Jim McVittie, of Portland, Oregon, has posted…

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Jun302017

Estate Planning Checkup

BlogJune 30, 2017

Estate Planning Checkup Mid-year is a good time to review your existing estate plan to ensure that it is up-to-date.…

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Jun232017

New IRS Ruling Extends Deadline to Elect Portability on Behalf of Surviving Spouse

BlogJune 23, 2017

New IRS Ruling Extends Deadline to Elect Portability on Behalf of Surviving Spouse The IRS recently issued Revenue Procedure 2017-34…

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Jun162017

The American Health Care Act (AHCA) and its Potential Effect on Medicaid

BlogJune 16, 2017

The American Health Care Act (AHCA) and its Potential Effect on Medicaid The last few months have involved a flurry…

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Jun92017

Standalone IRA Beneficiary Trusts for Inherited IRAs

BlogJune 9, 2017

Standalone IRA Beneficiary Trusts for Inherited IRAs It is pretty safe to say that almost everyone has heard of an…

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May232017

It’s time to “put” my mom in assisted living

BlogMay 23, 2017

It’s time to “put“ my mom in assisted living This was submitted to us by a client.  It’s a very…

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Apr212017

Healthcare Documents – Nothing to Sneeze At!

BlogApril 21, 2017

Healthcare Documents – Nothing to Sneeze At! No matter what your age or health status, you ought to have healthcare…

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Sep92016

Don’t Be an Estate Plan Procrastinator

BlogSeptember 9, 2016

Don’t Be an Estate Plan Procrastinator I recently read a book that I hope will help me both personally and…

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Apr62016

Cyber security. What can we do to protect ourselves?

BlogApril 6, 2016

Cyber security. What can we do to protect ourselves? Every day we hear about people losing money and having their…

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Feb22016

Third-Party Special Needs Trusts

BlogFebruary 2, 2016

Third-Party Special Needs Trusts I have previously posted a discussion of planning with special needs trusts (see my post of…

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Dec82015

Update on the Military’s Survivor Benefit Plan and the Disabled Child

BlogDecember 8, 2015

Update on the Military’s Survivor Benefit Plan and the Disabled Child About four years ago I posted a blog noting…

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Jul82015

Estate planning with a team-based approach

BlogJuly 8, 2015

Estate planning with a team-based approach I recently finished the book, “The Boys in the Boat,” by Daniel James Brown.…

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Jun302015

A Great Book about our Inadequate Healthcare System for the Elderly

BlogJune 30, 2015

A Great Book about our Inadequate Healthcare System for the Elderly I think a lot about the healthcare options we…

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May132015

Update – Montana has now implemented the ABLE Act

BlogMay 13, 2015

Update – Montana has now implemented the ABLE Act In my blog post of January 21, 2015, and in one…

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Mar312015

“Knowledgeable, Experienced and a Nice Guy.”

BlogMarch 31, 2015

“Knowledgeable, Experienced and a Nice Guy.” I recently had a personal injury lawyer refer a client to me for estate…

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Mar242015

Simple estate planning

BlogMarch 24, 2015

Simple estate planning We all want to keep things simple.  What does that mean for your estate planning? What it doesn’t …

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Feb182015

Giving to Charity

BlogFebruary 18, 2015

Giving to Charity Next week I am going on a short vacation.  The first few days of my time away…

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Jan212015

An Overview of the ABLE Act

BlogJanuary 21, 2015

An Overview of the ABLE Act What follows is an abbreviated version of our article that appeared in our firm’s…

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Dec292014

A Time for Gratitude

BlogDecember 29, 2014

A Time for Gratitude Even for a Norwegian the Christmas holidays are a time of great emotion.  For me there’s…

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Dec122014

Planning Checklist For Those Assisting Elderly Family Members

BlogDecember 12, 2014

Planning Checklist For Those Assisting Elderly Family Members I gave a presentation the other night at a local assisted living…

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Nov142014

The importance of keeping your documents in order

BlogNovember 14, 2014

The importance of keeping your documents in order When my mom passed away in June, my sisters handled most of…

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Oct172014

A Family Meeting Can Play a Key Role in Your Estate Planning

BlogOctober 17, 2014

A Family Meeting Can Play a Key Role in Your Estate Planning Over the years, both Keith and I have…

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Aug122014

The Decades of Your Life

BlogAugust 12, 2014

The Decades of Your Life Birth to 10 This is the time your parents teach you right from wrong, grandparents…

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Jul122014

We’ve Lost Margaret

BlogJuly 12, 2014

We’ve Lost Margaret Keith’s mom, Margaret, died last month at the age of 92.  Margaret worked in our office for…

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Jun272014

Recent United States Supreme Court Decision Has Significant Effect on Inherited IRAs

BlogJune 27, 2014

Recent United States Supreme Court Decision Has Significant Effect on Inherited IRAs In the recent United States Supreme Court decision…

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Jun162014

We Can Learn From Celebrity Estate Planning Mistakes

BlogJune 16, 2014

We Can Learn From Celebrity Estate Planning Mistakes Celebrities.  We see them on television.  We watch their movies.  We purchase…

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Jun22014

Put Your Plan in Place and Share it with Family

BlogJune 2, 2014

Put Your Plan in Place and Share it with Family If you watch movies, you will likely remember the film,…

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May162014

A Checklist for Family of Immediate Tasks After the Death of a loved One

BlogMay 16, 2014

A Checklist for Family of Immediate Tasks After the Death of a loved One One of the services we provide…

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May82014

What does Obamacare mean for you?

BlogMay 8, 2014

What does Obamacare mean for you? I really don’t want to debate whether we should have Obamacare in the first…

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Apr252014

Estate Planning 101: Make Sure Your Beneficiary Designations Coordinate With Your Estate Plan

BlogApril 25, 2014

Estate Planning 101: Make Sure Your Beneficiary Designations Coordinate With Your Estate Plan When you die, your property is transferred…

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Apr32014

Estate and Long-Term Care Planning – Lessons From Baseball

BlogApril 3, 2014

Estate and Long-Term Care Planning – Lessons From Baseball Another baseball season is upon us.  I’m always excited about the…

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Mar132014

To Die at Home

BlogMarch 13, 2014

To Die at Home Don’t get me wrong.  I’m not criticizing nursing homes.  They have a real place in our…

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Jan292014

How We Approach Estate Planning for Our Clients

BlogJanuary 29, 2014

How We Approach Estate Planning for Our Clients At Scott, Tokerud & McCarty we help our clients pass their property…

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Dec232013

Make your estate planning really meaningful. Use it to transfer your most important assets.

BlogDecember 23, 2013

Make your estate planning really meaningful. Use it to transfer your most important assets. When you think of “estate planning,”…

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Nov252013

What Am I Thankful For This Thanksgiving? Jury Duty!

BlogNovember 25, 2013

What Am I Thankful For This Thanksgiving? Jury Duty! Most of us at some point have received in the mail…

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Nov222013

The time bomb facing Montana businesses

BlogNovember 22, 2013

The time bomb facing Montana businesses Many Montana businesses are corporations or LLC’s with several owners.  Many of these businesses…

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Oct302013

At least one person thinks I’m right about medical records.

BlogOctober 30, 2013

At least one person thinks I’m right about medical records. Don’t let anyone ever tell you that spouses never listen…

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Oct232013

You want the best health care? Take charge of your medical records.

BlogOctober 23, 2013

You want the best health care? Take charge of your medical records. The best way to get better health care?…

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Oct82013

Getting better health care.

BlogOctober 8, 2013

Getting better health care. As we age, we deal more and more with the health care industry.  More doctor visits…

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Aug232013

Mom’s generosity + no planning = bad result

BlogAugust 23, 2013

Mom’s generosity + no planning = bad result Mom has been helping her kids all their lives.  She isn’t wealthy…

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Aug52013

A family wedding

BlogAugust 5, 2013

A family wedding In our estate planning Jon and I don’t limit our attention to physical objects and money. Those…

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Jul122013

Russian literature and estate planning.

BlogJuly 12, 2013

Russian literature and estate planning. I just finished a novel called The Last Station.  It deals with the last year of the life…

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Jun272013

The story of one farmer’s estate planning.

BlogJune 27, 2013

The story of one farmer’s estate planning. Here’s a story I heard earlier this week. A Montana farmer died leaving…

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Jun182013

Yes, it can happen.

BlogJune 18, 2013

Yes, it can happen. I just couldn’t believe it. I came into the office on Thursday, and there was a…

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Jun102013

Sharing Estate Planning with the Family.

BlogJune 10, 2013

Sharing Estate Planning with the Family. Dad was an elderly retired farmer with four daughters.  The youngest had had a…

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Jun52013

Estate planning is not long-term care planning.

BlogJune 5, 2013

Estate planning is not long-term care planning. Every lawyer says they do “estate planning.”  That usually means powers of attorney…

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May312013

This is why we do what we do.

BlogMay 31, 2013

This is why we do what we do. Yesterday Tanya, my legal assistant, said: “This is why we do what…

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May232013

The importance of estate planning.

BlogMay 23, 2013

The importance of estate planning. Jon and I presented our first Peace of Mind Protector workshop today.  We started off…

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May132013

Your graduate needs to sign healthcare documents – this summer.

BlogMay 13, 2013

Your graduate needs to sign healthcare documents – this summer.   It’s the time of year for graduation ceremonies.  My…

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May92013

Leaving property to heirs: outright or in trust?

BlogMay 9, 2013

Leaving property to heirs: outright or in trust? Should you leave a distribution to an heir outright or in trust?…

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May22013

A key to a successful business exit: “growing” an employee into an owner.

BlogMay 2, 2013

A key to a successful business exit: “growing“ an employee into an owner. Business exit planning usually means working to…

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Apr222013

What if a business owner dies in the middle of an ownership transition process?

BlogApril 22, 2013

What if a business owner dies in the middle of an ownership transition process? As part of our Business Exit…

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Apr122013

Pet trusts – estate planning isn’t just for humans!

BlogApril 12, 2013

Pet trusts – estate planning isn’t just for humans! Estate planning – and the protection we can provide through planning…

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Apr32013

Who can an owner sell his small business to?

BlogApril 3, 2013

Who can an owner sell his small business to? Most Montana businesses are small.  That makes it less likely that…

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Mar252013

Planning for the Sale of the Family Business – Often Ignored

BlogMarch 25, 2013

Planning for the Sale of the Family Business – Often Ignored Many of our clients own small businesses.  They work…

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Mar182013

When mom and dad want to leave property to the kids jointly.

BlogMarch 18, 2013

When mom and dad want to leave property to the kids jointly. Whether it’s a family’s business, ranch or cabin,…

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Mar112013

The family cabin – mom and dad’s legacy

BlogMarch 11, 2013

The family cabin – mom and dad’s legacy In our last blog entry we identified legacy as one of the…

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Mar42013

The balancing act of estate planning.

BlogMarch 4, 2013

The balancing act of estate planning. When people come in to discuss their estate planning, they often start by focusing…

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Feb252013

Do you still need a bypass trust?

BlogFebruary 25, 2013

Do you still need a bypass trust? Under the 2012 Tax Act families with estates of roughly $10 million or…

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Jan82013

What the New Tax Law Means to You

BlogJanuary 8, 2013

What the New Tax Law Means to You Congress avoided the so-called fiscal cliff by passing – at the 11th…

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Dec32012

Tis’ the season for the holiday Christmas parties……

BlogDecember 3, 2012

Tis’ the season for the holiday Christmas parties…… Do you work for a company that throws annual Christmas parties?  I…

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Nov162012

Fresh out of college!

BlogNovember 16, 2012

Fresh out of college! Fresh out of college, with a business degree and a hunger to succeed, I set out…

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Who Cares?

BlogNovember 7, 2012

Who Cares? A friend of mine from high school recently sent me an email that reminded me of what is…

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Oct312012

Taking up the challenge!

BlogOctober 31, 2012

Taking up the challenge! We decided that all our team members should be able to blog if they want to. …

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Aug272012

We lost our senior partner.

BlogAugust 27, 2012

We lost our senior partner. Bill Scott, our senior partner, died earlier this month at his Swan Lake cabin with…

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Aug82012

FREQUENTLY ASKED QUESTIONS

BlogAugust 8, 2012

FREQUENTLY ASKED QUESTIONS PROBATE ADMINISTRATION FREQUENTLY ASKED QUESTIONS 1. What is probate? Probate is the process of proving the Will, appointing…

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Apr92012

Gifting to a Minor with Special Needs

BlogApril 9, 2012

Gifting to a Minor with Special Needs We previously have posted blog entries about special needs planning and about gifting. …

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Jan162012

Digital Estate Planning Services

BlogJanuary 16, 2012

Digital Estate Planning Services I was asked recently to give a presentation to the trust officers at a local corporate…

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Dec32011

It’s the Holiday Season – time to think about gifts.

BlogDecember 3, 2011

It’s the Holiday Season – time to think about gifts. At this time of year we are frequently discussing gifts…

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Oct242011

Montana’s New Uniform Power of Attorney Act

BlogOctober 24, 2011

Montana’s New Uniform Power of Attorney Act Effective October 1, 2011, Montana has adopted the Uniform Power of Attorney Act. …

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Oct152011

Whither the estate tax?

BlogOctober 15, 2011

Whither the estate tax? We’ve been hearing a lot lately about what to expect concerning the federal estate tax, so…

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Sep202011

Dedication and Heart

BlogSeptember 20, 2011

Dedication and Heart Today I get to brag about my colleague and mentor, Jon S. McCarty.  His dedication and heart…

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Jul62011

The Military’s Survivor Benefit Plan and the Disabled Child – Elect with Care

BlogJuly 6, 2011

The Military’s Survivor Benefit Plan and the Disabled Child – Elect with Care Great Falls is blessed to have Malmstrom…

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Jun242011

Some simple planning ideas that are hard to carry out.

BlogJune 24, 2011

Some simple planning ideas that are hard to carry out. I spoke to a group of CPA’s yesterday.  I had…

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May22011

Loved Ones Becoming Adults

BlogMay 2, 2011

Loved Ones Becoming Adults That special season is upon us again, graduation season.  Each year I really enjoy watching the…

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Apr82011

Planning with Special Needs Trusts

BlogApril 8, 2011

Planning with Special Needs Trusts Parents sometimes think they must disinherit their disabled child in order to preserve his or…

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Mar282011

We now provide long-term care planning

BlogMarch 28, 2011

We now provide long-term care planning -Advertising Material – We are launching a new area of practice: long-term care planning.…

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Jan282011

Naming a Guardian for your Minor Children

BlogJanuary 28, 2011

Naming a Guardian for your Minor Children This is one of the most personal and difficult decisions my husband and…

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Jan242011

The new tax law

BlogJanuary 24, 2011

The new tax law We certainly didn’t expect to find ourselves with a tax law – even if it is…

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Jan242011

Special Needs Planning

BlogJanuary 24, 2011

Special Needs Planning Special Needs Planning  This is the first post in a category that I, and I’m sure Keith…

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Dec132010

New Year’s Resolutions

BlogDecember 13, 2010

New Year’s Resolutions (I originally posted this almost ten years ago, but it still holds true today.) We all make…

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Dec82010

Family Matters

BlogDecember 8, 2010

Family Matters With tax matters dominating the news this past week, I thought it was appropriate to point out that…

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Dec12010

Our first blog post

BlogDecember 1, 2010

Our first blog post We’ve wanted to launch a blog for a long time but there was always more research,…

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