Montana · FAQ

Caregiving in Montana— the questions adult children actually ask.

Plain-language answers, with statute citations where relevant. These are the questions that show up most often in our reader email and search logs. Each answer links to the deeper Montana guide if you want the full treatment.

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  1. Does Montana have an estate tax or inheritance tax?
  2. What's the Montana Medicaid asset limit in 2026?
  3. Can I be paid to care for my parent in Montana?
  4. What's the Montana Medicaid look-back period?
  5. How do I report elder abuse in Montana?
  6. What's the relationship between Montana Medicaid and the Indian Health Service?
  7. Does Montana have a Transfer-on-Death Deed?
  8. Does Montana have paid family leave?
  9. How much does assisted living cost in Montana?
  10. What's the Montana small-estate threshold?
MontanaLegal & Financial

Does Montana have an estate tax or inheritance tax?

No on both counts. Montana imposes neither a state estate tax nor a state inheritance tax. The only estate-tax exposure for Montana families is federal — and the federal exemption is approximately $13.99M per individual in 2025 (legislation affecting the federal exemption is monitored regularly). The vast majority of Montana estates face no estate tax of any kind. Montana's modest tax burden on retirement income — combined with no estate or inheritance tax — is one of the factors that draws retirees to the state.

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MontanaMedicaid & LTC

What's the Montana Medicaid asset limit in 2026?

For Montana Medicaid long-term care (institutional or HCBS waiver), the applicant asset limit is $2,000 in 2026 — the federal SSI baseline. The home is exempt up to $752,000 of equity (federal max), one car is exempt, and a community spouse can retain up to $157,920 in a community-spouse resource allowance. Personal effects, modest burial accounts, and life insurance under a low cash-value threshold are also exempt.

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MontanaCaregiver's Life

Can I be paid to care for my parent in Montana?

Yes, through Montana's Big Sky Waiver program. Once your parent qualifies for Medicaid long-term care, the Big Sky Waiver's self-directed services option lets the participant hire and direct caregivers including adult children (spouses generally cannot be paid). Hourly rates vary but tend to be modest compared to higher-cost states. Contact Montana DPHHS or your local Area Agency on Aging to apply.

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MontanaMedicaid & LTC

What's the Montana Medicaid look-back period?

Montana applies the standard federal 60-month (5-year) look-back to all Medicaid long-term care applications. Any uncompensated transfer made in the 60 months before application generates a penalty period during which Medicaid will not pay for nursing-facility services. Montana's penalty divisor (the statewide average monthly nursing-home cost) is approximately $7,800 in 2026. A $50,000 gift produces roughly a 6.4-month penalty.

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MontanaCaregiver's Life

How do I report elder abuse in Montana?

Call Montana Adult Protective Services at 1-844-277-9300, operated 24/7 under Mont. Code Ann. §52-3-801 et seq. Reports can be made anonymously and apply to suspected abuse, neglect, financial exploitation, or self-neglect of vulnerable adults. Certain professionals are mandated reporters. For immediate danger, call 911. For abuse in licensed long-term care facilities, contact the Montana Long-Term Care Ombudsman through Montana DPHHS.

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MontanaMedicaid & LTC

What's the relationship between Montana Medicaid and the Indian Health Service?

Montana has seven federally recognized tribes representing roughly 7% of the state's population. Tribal members are eligible for Indian Health Service (IHS) care, which is federally funded and provided through IHS facilities, Tribal-operated programs, and Urban Indian Organizations. IHS is not insurance — it's a direct-care system. For long-term care specifically, Tribal members typically rely on Montana Medicaid (state-administered Medicaid) for nursing-facility or HCBS coverage; IHS itself rarely covers institutional LTC. The two systems coordinate but don't fully integrate, which is one of the most important structural facts for Indigenous Montana families to understand. Tribal-state coordination has improved over time but remains imperfect.

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MontanaLegal & Financial

Does Montana have a Transfer-on-Death Deed?

Yes. Montana adopted the Uniform Real Property Transfer on Death Act (Mont. Code Ann. §72-6-401 et seq.), allowing real estate to transfer at death outside probate when the deed is properly executed, notarized, and recorded with the County Clerk and Recorder during the owner's lifetime. The owner retains full control during life. Used appropriately, the TOD deed avoids probate on real estate. For ranch or farm property, the planning is often more complex — talk to a Montana elder-law or agricultural-law attorney about whether a TOD deed, a trust, or another structure best fits.

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MontanaCaregiver's Life

Does Montana have paid family leave?

No state-level paid family leave program. Montana has not enacted PFL legislation. The primary protection available to working caregivers is federal FMLA — 12 weeks of unpaid, job-protected leave per year, available at employers with 50+ employees if the employee meets the tenure and hours requirements. Many Montana caregivers work for smaller employers exempt from federal FMLA, particularly in rural counties. Some Montana employers offer paid leave voluntarily.

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MontanaCare Settings

How much does assisted living cost in Montana?

The Montana state median for assisted living is approximately $4,300–$4,800/month in 2024 dollars per Genworth's Cost of Care Survey — close to the US median. Billings, Missoula, and Bozeman tend to run $4,800–$5,500; smaller Montana cities and rural areas are often $3,800–$4,300. Memory care typically adds $1,000–$1,800/month on top. The bigger constraint in rural Montana is availability rather than cost — many counties have only one or two ALFs, and the closest may be 30+ miles from a parent's home.

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MontanaLegal & Financial

What's the Montana small-estate threshold?

Montana adopted the Uniform Probate Code (Mont. Code Ann. §72-1 to §72-6). A small estate affidavit procedure is available for estates with personal property under approximately $50,000 and at least 30 days after death. Real estate generally cannot be transferred this way — but a Transfer-on-Death Deed (recorded during life) handles real estate without probate. For ranch families with significant land holdings, planning typically involves a trust or carefully drafted TOD deed rather than relying on probate.

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