Single: No Living Children (Example 2A)

Example 1

Siblings, Nieces, and Nephews survive you.

Assume you pass away without a written will. You have two sisters who passed away before you. You have two brothers who survive you.

Your two living brothers receive 1/4 each of your assets.

Your niece (of your deceased sister with one child) receives 1/4 because that is the share your sister would have received had she survived you. This is called a division by right of representation.

Your two nephews (of your deceased sister with two children) each receive 1/8 of your assets because they split the 1/4 share your sister would have received if she had survived you. This is called a division by right of representation.

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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