Dying Without a Will in Montana
Married, Living Children from Previous Marriage Only, Spouse has NOT adopted child
from your previous marriage, Spouse has Living Children from Previous Marriage that
you have adopted
Situation #11 Example 2
Asset: $500,000
Example 2
One child from previous marriage and children from a deceased child (your grandchildren) are living.
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; $350,000 + $75,000 (1/2 the remaining balance of $150,000) = $425,000].
Your other survivors are your living child, your living grandchildren, and the one you adopted from your spouse's previous marriage. The remaining balance is divided as follows: [($500,000 - $350,000 = $150,000 ÷ 3 = $25,000)]. $25,000 to your spouse's child whom you adopted. $25,000 to your child. Your grandchildren each receive $12,500 by right of representation.They split the share ($25,000) their parent (your deceased child) would have received if he/she had lived.
Your spouse may also have a right to the elective share,the homestead allowance, exempt 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