Dying Without a Will in Montana
Married, Living Children from Present Marriage, Spouse has Living Children from Previous Marriage that you have not adopted, Situation #2 Example 3
Assets Value: $600,000
Example 3
One child passed away before you with living children.
Assume you pass away without a written will. You have assets valued at $600,000.
Your spouse receives a total of $412,500. Your spouse receives the first $225,000 plus 1/2 of the remaining balance. [$600,000 - $225,000 = $375,000; $225,000 + $187,500 (1/2 the remaining balance of $375,000) = $412,500].
Your child and grandchild split the remaining balance of $187,500 by right of representation.
Your surviving child from your present marriage receives $93,750.
The remaining $93,750 is split between the two living grandchildren of your child who passed away before you by right of representation ($93,750 ÷ 2 = $46,875).
Your stepchild (your spouse's child) whom you have not adopted 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
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