Dying Without a Will in Montana

Example 3

More than one child passed away before you with living child(ren)

Assume you pass away with only one living child. Two of your children (a daughter and son) passed away before you.

Your deceased daughter had a son. Your deceased son had three children. Your living son had two children.

Your grandson (child of your deceased daughter) receives 1/3 by right of representation.

Your three grandchildren (children of your deceased son) split 1/3, so each grandchild receives 1/9 (a right of representation division.)

Your living son receives the remaining 1/3. His two children (your grandchildren) do not inherit because the 1/3 share passed to their parent.

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...