Carter County Extension corner

submitted by Carter County Extension Office

Information obtained from MSU Extension MontGuide: A Self-learning Resource

Brands in the State of Montana can be held/owned in 5 different forms, Sole Ownership, Joint Tenancy, Tenants in Common, a Business Entity, and Estate or Trust. Within these forms, brands can be divided differently depending on the deceased's will or lack thereof and the type of ownership there is of a brand.

If the deceased leaves no will, the ownership of the brand passes through Probate and adheres to the statutes put in place within the Montana Uniform Probate Code.

Sole Ownership of a brand is registered with the State of Montana under one name as the only owner of that registered brand. Brands owned by one person can have provisions written into a will/estate plan dividing the ownership of the brand from the livestock bearing the brand.

Joint Tenancy of a brand can be registered to multiple persons, and unless properly documented, the State of Montana presumes the brand is divided equally among the owners. When marking the box on the Application for Brand Recording as Joint Tenancy, the ownership of the brand belongs to X, or Y, or Z. The "or" is equivalent to the right of survivorship. Therefore, if any person registered as co-owner of the brand dies, his or her shares in the brand and all livestock bearing the brand pass to the other co-owners of the brand; regardless of other provisions written in a will.

Tenants in Common is also a way multiple persons can own a brand, but with Tenants in common there is no automatic right of survivorship. Each co-tenant may give his or her interest in the registered brand while living or through inheritance as a will.

A Business Entity includes corporations, limited liability companies, limited partnerships, limited liability partnerships, limited liability limited partnerships, associations, or Estate/Trusts. The transfer of a brand owned in a Business Entity is like owning shares of stock in a corporation, those who inherit, inherit an interest in the brand and not the brand itself. Transfer or ownership of a brand held in Estate/Trust will be determined by directions contained in the Estate/trust documents, and the advice of an attorney should be sought.

Questions you should ask:

1. Who is/are the owner(s) of your brand?

2. If your brand is owned by more than one person, are the co-owners Joint Tenants with right of survivorship or Tenants in Common?

a. If an "or" separates the names of owner on a brand, the brand is generally owned as joint tenants with right of survivorship.

3. Whom do you want to own the brand(s) upon your death?

4. When you transfer a brand by gift or will, do you want to distinguish between ownership of the brand and ownership of the livestock bearing the brand?

Please reach out to your local County Extension Office for more information regarding this topic or other Estate planning guides. The Carter Co. Extension Office can be reached at 406-776-6305.