Dying Without a Will in Montana
Married, Living Children from Present and Previous Marriage, Spouse has Living Children
from Previous Marriage that you have Adopted, and Spouse has Adopted All Living Children
from your Previous Marriage
Situation #4 Example
Example
Survivors are your spouse, your child from a previous marriage whom your spouse adopted, your children from the present marriage, and your spouse's child from a previous marriage whom you have adopted
Assume you pass away with $250,000 in assets.
Your surviving spouse had adopted your child. You had adopted your spouse's child. Montana law treats adopted children the same as your natural or biological children. Therefore, your surviving spouse receives all your assets because Montana law gives priority to the surviving spouse.
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
To explore another family situation, follow this link...