Dying Without a Will in Montana
Married, No Living Children from Present and Previous Marriage, Spouse has Living Children from Previous Marriage that you have Adopted, Situation #8 Example
Example
Survivors are your spouse and your spouse's child from a previous marriage you adopted.
Assume you pass away without a written will. You have $200,000 in assets.
Your surviving spouse receives all. Your adopted child does not inherit because Montana law treats legally adopted children the same as biological children. Biological children do not inherit if there is a 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...