Asset:  $500,000

Married With Children:  Example 11A

Example 1

All children from previous marriage are living and your spouse's child whom you adopted.

Assume you pass away without a written will. You have assets valued at $500,000.

Your spouse receives a total of $425,000. Your spouse receives the first $150,000 plus 1/2 of the remaining balance. [$500,000 - $150,000 = $350,000; $150,000 + $75,000 (1/2 the remaining balance of $150,000) = $425,000].

Your children are the two from your previous marriage and the one you adopted from your spouse's previous marriage. They split the remaining balance of $150,000 ($500,000 - $425,000 = $150,000 ÷ 3 = $25,000) by right of representation.

Your spouse may also have a right to the elective share,the homestead allowanceexempt property, and the family allowance which is protected from creditors.

If this is not the division you desire, then you need to write a will.

Montana State University Extension has additional information about estate planning. You may download and print out all MontGuides free at this site: www.montana.edu/estateplanning/eppublications.html

To explore another family situation, follow this link...