Dying Without a Will in Montana
Married, Living Children from Previous Marriage Only, Spouse has not adopted child
from your previous marriage, Spouse does not have Living Children from Previous Marriage.
Situation #9 Example 2
Asset Value: $400,000
Example 2
One child from previous marriage is living and children from a deceased child (your grandchildren) are living.
Assume you pass away without a written will. You have 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 survivors are a child from a previous marriage and two grandchildren from a child who passed away before you. Your child and grandchildren inherit by right of representation.
Your living child receives $62,500 ($400,000 - $250,000 = $150,000 ÷ 2 = $62,500).
Your grandchildren each receive $31,250. They split the $62,500 their parent would have received if he or she had lived ($62,500 ÷ 2 = $31,250).
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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