Dying Without a Will in Montana

Example

Survivors are your spouse and your children from a previous marriage whom your spouse adopted.

Assume you pass away without a written will.

Your spouse receives all of your assets.

Montana law treats legally adopted children the same as biological children. Biological children do not inherit if there is a surviving spouse. Therefore, your two children from your previous marriage do not inherit because they were adopted by your spouse and are treated as biological children and therefore do not inherit.

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...