Dying Without a Will in Montana

Example

Survivors are grandchildren and great-grandchildren.

Assume you pass away without a written will. None of your children are living. You have living grandchildren from children who passed away before you. You have living great-grandchildren from two grandchildren who passed away before you.

Property is divided per capita at the first generation of survivors (grandchildren) and by right of representation at the second generation of survivors (great grandchildren).

Your one great-grandchild from your daughter's child who passed away before you inherits a 1/6 share.

Your grandchildren from your deceased son with two children receive 1/6 each.

Your two grandchildren from your deceased son who had three children receive 1/6 each.

Your two great-grandchildren from your deceased son's child who passed away before you receive 1/12 each.

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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