Dying Without a Will in Montana
Married, Living Children from Present and Previous Marriage, Spouse has Living Children
from Previous Marriage that you have NOT Adopted, and Spouse has NOT Adopted All Living Children from your Previous Marriage
Situation #7 Example
Assets: $250,000
Example
Survivors are your spouse, your child from a previous marriage whom your spouse has not adopted, your children together, and your spouse's child from a previous marriage whom you have not adopted
Assume you pass away with $250,000 in assets.
Your spouse receives a total of $237,500. Your spouse receives the first $225,000 plus 1/2 of the remaining balance. [$250,000 - $225,000 = $25,000; $225,000 + $12,500 which is ½ the remaining balance =$237,500
Your children include one from a previous marriage and two from your present marriage. They equally split the remaining balance of $12,500 ($250,000 - $237,500 = $12,500 ÷ 3 = $4,166,67). Each child receives $4,166.67
Your stepchild does not inherit from you.
Your spouse may also have a right to the elective share,the homestead allowance, exempt property, and the family allowance which is protected from creditors.
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...