Dying Without a Will in Montana
Married, Living Children from Present and Previous Marriage, Spouse does not have
children from previous marriage and has adopted your children from your previous marriage.
Situation #16 Example 1
Assets: $250,000
Example 1
Survivors are spouse and children from previous and present marriages.
Assume you pass away without a written will. You have $250,000 in assets.
Your surviving spouse receives all.
Your children are one from your previous marriage whom your spouse has adopted and two from your present marriage. They do not inherit because Montana law gives priority to the surviving spouse. Biological children do not inherit. Adopted children are treated as biological children under intestacy statutes.
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...