Dying Without a Will in Montana
Married, Living Children from Present Marriage Only, Spouse has Living Children from Previous Marriage that you have Adopted, Situation #3 Example
Example
Survivors are your children and your spouse's child whom you adopted.
Assume you pass away without a written will. You have assets valued at $200,000.
Your children include two from your present marriage and your spouse's child whom you have adopted. These children do not inherit as 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...