Dying Without a Will in Montana
Single, No Living Children, No Living Grandchildren, No Living Great-Grandchildren, No Living Parents, Living Siblings, Situation #2 Example 2
Example 2
Siblings, Nieces, and Grand Nephews survive you.
Assume you pass away without a written will. You have two sisters who passed away before you. You have two brothers who survived you.
Your two living brothers each receive 1/4 of your assets.
Your niece (of your deceased sister with one child) receives 1/4 because that is the share your sister would have received if she had survived you. This is called a division by right of representation.
Your nephew (of your deceased sister with two children) receives 1/8. This is a division by right of representation.
Your two grand nephews (children of your deceased nephew) each receive 1/16 of your assets because they split the 1/8 share your nephew would have received if he had survived you. This is 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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