Assets Value:  $425,000

Married With Children:  Example 5

Example

Survivors are your spouse, your child from a previous marriage whom your spouse has not adopted, your children together, and your spouse's child from a previous marriage whom you adopted.

Assume you pass away with $425,000 in assets. Your spouse receives $287,500.  Your spouse receives the first $150,000 plus 1/2 the remaining balance ($425,000 - $150,000 = $275,000; $275,000 ÷ 2 = $137,500.  $150,000 + $137,500 = $287,500.

Your children include one from a previous marriage whom your spouse has not adopted, two from your present marriage, and your spouse's child whom you have adopted. They equally split the remaining balance of $137,500 ($425,000, - $287,500 = $137,500 ÷ 4 = $34,375). Each child receives $34,375.

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...