Dying Without a Will in Montana
Married, Living Children from Present Marriage Only, Spouse has No Living Children from Previous Marriage, Situation #1 Example
Example
Survivors are spouse and children from present marriage.
Assume you pass away without a written will. You have children from your present marriage only.
Your 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...