Dying Without a Will in Montana

Asset Value:  $400,000

Example 1

All children from your previous and present marriages are living.

Assume you pass away without a written will. You have $400,000 in assets.

Your surviving spouse receives a total of $275,000. Your spouse receives the first $150,000 plus 1/2 of the remaining balance. [$400,000 - $150,000 = $250,000; $150,000 + $125,000 (1/2 the remaining balance of $250,000) = $275,000].

Your children are one from your previous marriage whom your spouse has not adopted and two from your present marriage. They split the remaining balance of $125,000 ($400,000 - $275,000 = $125,000 ÷ 3 = $41,667). Each child receives $41,667.

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

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