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 2
Asset Value: $250,000
Example 2
Survivors are spouse, children from present marriage, and grandchildren from deceased child from previous marriage.
Assume you pass away without a written will. You have $250,000 in assets.
Your surviving spouse receives all.
Although you had living grandchildren by a child who passed away before you they do not inherit. Montana law give 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...