Dying Without a Will in Montana
Married, Living Children from Previous Marriage Only, Spouse has adopted child from
your previous marriage, Spouse has Living Children from Previous Marriage that you
have adopted
Situation #12 Scenario
Example
Survivors are your spouse, your children from a previous marriage your spouse adopted, and your spouse's child from previous marriage you have adopted.
Assume you pass away without a written will. You have assets valued at $500,000.
Your surviving spouse receives all.
Your children are the two from your previous marriage whom your spouse has adopted and the one you adopted from your spouse's previous marriage. None of your children 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...