Three things worth knowing before the week gets away from you.‌ ‌ ‌ ‌ ‌ 
Monday, October 19, 2026 View in browser
 
 
Millrace Law
NO. 43  路  MISSOULA, MONTANA
Good morning from Missoula
Estate planning tends to feel static, but the ground under it keeps shifting. Missoula's zoning just rewrote what your property can become. California's wildfires are a fresh reminder that a home can vanish faster than the paperwork protecting it. And a national pattern of scams targeting older adults is showing up closer to home than most families realize. This week's items follow from all three.
By the numbers
$2,150,000
Marshall Mountain sale price disputed in court
 
89%
Missoula residential zones now allowing apartments
 
10 years
Federal prison sentence in Missoula meth and firearm case
IN THIS ISSUE
1
Missoula's new zoning code changes what your land is worth, and what your estate plan says about it
2
Six California coastal homes burned in one afternoon. Would your family know what to do?
3
A Missoula sentencing is a reminder that financial exploitation often reaches families through people they trust
4
When a parent dies without a plan, the family often learns what probate costs the hard way
5
Around Missoula: Montana Film Festival opens this week at the Roxy, and 3 more coming up
The lead  路  LOCAL PROPERTY
Missoula's new zoning code changes what your land is worth, and what your estate plan says about it
As of March 4, 2026, Missoula's Unified Development Code allows apartments in 89% of residential and mixed-use districts, which means a parcel that was single-family-only may now carry a meaningfully different value and set of uses.
If your will or trust describes real property by how it was zoned when you wrote the document, that description may no longer fit what the land can actually do. A lot that once passed cleanly to one child as 'the family home' might now be worth dividing differently, or developing, or selling at a price your original plan didn't anticipate. The Montana Supreme Court's June 2026 ruling over the disputed $2,150,000 sale of Marshall Mountain, a 156-acre Missoula County property, is a reminder that land transactions and estate transfers can turn contentious fast when value is in flux.
  Why it matters: If you own Missoula-area property and haven't reviewed your estate plan since early 2026, the ground under it has changed and your documents may not reflect that.
Read at City of Missoula →
 
DISASTER PLANNING
Six California coastal homes burned in one afternoon. Would your family know what to do?
A wind-driven fire in San Juan Capistrano destroyed at least six homes last week, with 16,000 residents ordered to evacuate, and several homeowners said they had no plan ready.
Montana isn't Southern California, but Missoula sits in a valley that sees its share of wildfire summers, and the practical gap this story exposes is universal: most families have not written down where their documents are, who has authority to act if the owner is unreachable, and whether a power of attorney is current enough to let a spouse or adult child handle a real estate or insurance matter in an emergency. The homeowners in the news story who grabbed a 'to-go bag' made a fast decision that worked. An estate plan is the legal version of that bag, assembled before you need it.
  Why it matters: A durable power of attorney and a clear record of where your deeds, insurance policies, and account information live can let a trusted person act on your behalf the moment you can't.
Read at Courthouse News Service →
 
FAMILY ALERT
A Missoula sentencing is a reminder that financial exploitation often reaches families through people they trust
A Missoula woman was sentenced October 15 to 10 years in federal prison on meth trafficking and firearm charges, and while that case is distinct, federal prosecutors here are active, and the pattern of financial crimes tied to drug networks increasingly touches seniors and their estates.
Financial exploitation of older adults rarely looks like a stranger. It arrives through a caregiver, a new acquaintance, or a family member with a substance problem, and it moves fast once it starts. The tools that slow it down are unsexy but effective: a durable financial power of attorney with a trusted co-agent, a trustee structure that requires two signatures for large transfers, and adult children who know enough about a parent's accounts to notice something wrong. None of that requires a crisis to set up.
  Why it matters: Naming a second set of eyes in your estate documents, a co-trustee, a co-agent, or simply someone who gets a copy of statements, is one of the most practical protections a Missoula family can put in place right now.
Read at U.S. Department of Justice →
 
ESTATE BASICS
When a parent dies without a plan, the family often learns what probate costs the hard way
The wrongful death lawsuit filed after a 9-year-old drowned at a Virginia swim camp is a sharp reminder that courts move slowly, grief moves fast, and families without clear legal structures face both at once.
The Virginia case involves negligence claims, but the underlying situation, a family suddenly navigating courts, insurers, and legal processes while in shock, is one that plays out in probate, too. Montana's probate process can take months to more than a year when there is no will, when beneficiary designations conflict with a will, or when heirs disagree. A straightforward will and a funded trust don't prevent loss, but they do prevent a family from fighting their paperwork while they're fighting their grief.
  Why it matters: Getting a basic estate plan in place now means your family spends that hard season together, not sorting out what you left unfinished.
Read the full story →
 
Quick hits
•  The Supreme Court is weighing how broadly federal courts can vacate agency actions, a case that could reshape how federal rules affecting small business owners and property holders get challenged going forward. →
Around Missoula
Montana Film Festival opens this week at the Roxy
The Montana Film Festival runs October 22 through 25 at the Roxy Theater on South Higgins, screening independent features and shorts from filmmakers around the world. If you haven't been, it's a good excuse to spend a few evenings on Higgins and see something you wouldn't find at the multiplex.
Also coming up
 
SOS Fair: Winter Gear Swap →
October 24-25, 2026
Annual ski-patrol fundraiser where Missoulians drop off and buy used ski, snowboard, and outdoor gear at the Missoula County Fairgrounds Commercial Building.
 
Shakey Graves: Fondness, Etc. Tour with Wild Pink →
Friday, October 23, 2026
Singer-songwriter Shakey Graves performs at The Wilma in downtown Missoula on his current tour.
 
Warren Miller's Days Off →
Tuesday, October 27, 2026
Annual Warren Miller ski-film premiere screening at The Wilma in downtown Missoula.
Tip of the week
Keep a one-page 'find everything' sheet with your estate documents
A will, a trust, and a power of attorney only help if the right people can find them under pressure. A single page, stored with your documents and shared with your executor or trustee, listing where your deed is recorded, where your accounts are held, who your insurance carriers are, and where your original will is kept can save your family days of searching at the worst possible time. No attorney required to make that page; it just needs to exist.
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Until next week,
Elena, attorney & founder
P.S. If any of this week's items touched something you've been meaning to sort out, we're easy to reach, no long intake form, just a conversation.
This newsletter is general legal information, not legal advice, and reading it doesn't create an attorney-client relationship. Talk with your attorney about your own situation.

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