Dying Without a Will in Montana
Married, Living Children from Present and Previous Marriage, Spouse does not have children from previous marriage and has not adopted your children from your previous marriage, Situation #15 Example 2
Asset Value: $250,000
*Rounded to nearest dollar
Example 2
Living children and grandchildren from previous marriage.
Assume you pass away without a written will. You have $250,000 in assets.
Your surviving spouse receives a total of $200,000. Your spouse receives the first $150,000 plus 1/2 of the remaining balance. [$250,000 - $150,000 = $100,000. $150,000 + $50,000 (1/2 the remaining balance of $100,000) = $200,000].
Your children include a deceased child from your previous marriage whom your spouse
did not adopt and two from your present marriage. Because your child from a previous
marriage passed away before you, his share ($16,666) passes by right of representation
to his children (your grandchildren). Your grandchildren receive $8,333 each
($16,666 ÷ 2 = $8,333). Each living child will receive $16,666 each.
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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