Dying Without a Will in Montana
Married, Living Children from Present Marriage, Spouse has Living Children from Previous Marriage that you have not adopted,Situation #2 Example 1
Asset Value $200,000
Example 1
All your children are living. You have one stepchild.
Assume you pass away without a written will. You have assets valued at $200,000. Your spouse receives all.
Your spouse receives a total of $200,000 because it is less than $225,000 balance.
Your children are the two from your present marriage. They don't receive anything.
Your stepchild does not inherit from you.
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...