Free Montana Revocation of Revocable Trust Form

Ending Your Revocable Trust in Montana? Here’s the Form You Need

The revocable living trust can be an asset to the Montanan in terms of their asset management during their lifetime and the easy transition after death. Nevertheless, circumstances vary – by move, divorce or marriage, new financial aspirations or change in state statute. In these situations, the official document that will be used to revoke a revocable trust is the Montana revocation of revocable trust form in order to redirect assets back into your possession.

Revoking a Trust Under Montana Law

• The state adheres to the Uniform Trust Code, namely the Mont. Code § 72-38-602, which regulates the revision and revocation of the revocable trusts. Key rules include:

  • In the absence of a declaration of a trust being irrevocable, the settlor can revoke or amend it.

  • If more than one settlor is involved:

    • For community property, either spouse may revoke their share, but amendments typically require joint action.

    • For separate property, each settlor can revoke or amend only their contributed portion.

  • If the trust specifies a revocation method, that procedure must be followed. If no method is outlined, revocation can be done with a written instrument that clearly shows the settlor’s intent.

  • Once revoked, the trustee must transfer property as directed by the settlor.

Steps to Cancel a Revocable Trust in Montana

• Provided you are living in Helena, Billings, Missoula, or any other place in the state, these are the usual procedures for revoking your trust:

  1. Review the trust document – Check whether it spells out a particular way of revocation.

  2. Prepare the revocation form – Add the name of the settler, name of the trust, date of creation and a declaration of revocation according to the Montana law. Include implications on how to deal with assets.

  3. Sign the form – The signatures of the settlor(s) are obligatory. Though the notarisation is not obligatory, it is highly advised to prevent confrontations.

  4. Deliver to the trustee – The trustee is to be provided with the executed revocation form in order to cease the administration of the trust.

  5. Transfer assets – Have titles, deeds or accounts changed so that the name of the trust does not appear.

  6. Maintain records – Save a copy of the signed form, delivery receipt and property transfers to be used in future.

When You May Need a Revocation Document

• Using a trust revocation form can be helpful when:

  • Significant life changes (marriage, divorce or the passing of a spouse) should make you alter your estate plan.

  • Your wishes are no more in concurrence with the current trustees or beneficiaries.

  • Financial goals or relocation make the trust less practical.

  • You want to simplify your estate planning and reduce administration.

FAQs on Montana Trust Revocation

What is a Montana revocation of revocable trust form?
It is a legal document that formally cancels a revocable living trust. Once filed with the trustee, the trust no longer has authority, and assets return to the settlor’s control.

Can a trust with multiple settlors be revoked?
Yes. Each settlor can act with respect to their contributions. For community property, either spouse may revoke, though amendments often need both signatures.

Do I need a specific revocation method in the trust?
Only if the trust specifies one. If it doesn’t, you may revoke the trust using a written instrument that clearly shows intent.

What happens after revocation?
The trustee must stop administering the trust and distribute property as instructed. You may need to retitle accounts or deeds to reflect individual ownership.

Can I see a sample revocation of living trust form PDF?
Yes. A sample revocation of living trust form PDF typically shows the standard format, including the trust name, creation date, settlor’s details, and statement of revocation. You can also access a free blank revocation of trust form here and adapt it for Montana use.

Download Your Free Form

If you are ready to make changes to your estate plan, you can download a blank Montana revocation of revocable trust form here. This form meets state requirements and provides a simple way to revoke your trust and regain full authority over your assets.