Asset Value:  $400,000

Married With Children:  Example 9B

Example 2

One child from previous marriage is living and children from a deceased child (your grandchildren) are living.

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

Your 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 survivors are a child from a previous marriage and two grandchildren from a child who passed away before you. Your child and grandchildren inherit by right of representation.

Your living child receives $62,500 ($400,000 - $250,000 = $150,000 ÷ 2 = $62,500).

Your grandchildren each receive $31,250. They split the $62,500 their parent would have received if he or she had lived ($62,500 ÷ 2 = $31,250).

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...