Dying Without a Will in Montana
Single, Living Children, No Living Grandchildren from Living Children, Living Grandchildren from Child Who Passed Away, Situation #2
Example
Survivors are children and grandchildren.
Assume you pass away without a written will. You have two living sons.
Your daughter who passed away before you had two living children (your grandchildren).
Your two living sons receive 1/3 each.
Your two living grandchildren receive 1/6 each. They equally split the 1/3 your daughter would have received if she had survived you. This is called a division by right of representation.
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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