Dying Without a Will in Montana
Married, Living Children from Previous Marriage Only, Spouse has not adopted child from your previous marriage, Spouse has Living Children from Previous
Marriage that you not have adopted
Situation #13
Asset Value: $400,000
Example
Survivors are your spouse, your children from a previous marriage and your spouse's child whom you have not adopted.
Assume you pass away with 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 two children from your previous marriage equally split the remaining balance of $125,000. ($400,000 - $275,000 = $125,000 ÷ 2 = $62,500. Each child receives $65,500). Your stepchild does not inherit.
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...