Dying Without a Will in Montana
Single, Living Children, Living Grandchildren from Living Children, Living Grandchildren from Child Who Passed Away, Situation #3 Example 1
Example 1
One child passed away before you with living child(ren).
Assume you pass away with two living children and six grandchildren.
Your daughter passed away before you. She had one child, a son.
Your grandson receives the 1/3 share your daughter would have received if she had survived you. This is called a division by right of representation.
Your two living children receive 1/3 each.
Your remaining five grandchildren do not inherit because their parent received the 1/3 share.
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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