Dying Without a Will in Montana
Married, Living Children from Present Marriage, Spouse has Living Children from Previous Marriage that you have not adopted, Situation #2 Example 2
Assets Value: $600,000
Example 2
All your children are living.
Assume you pass away without a written will. You have assets valued at $600,000.
Your spouse recieves a total of $412,500. Your spouse receives the first $225,000
plus 1/2 the remaining balance ($600,000 - $225,000 = $375,000; $375,000 ÷ 2 = $187,500.
$225,000 + $187,500 = $412,500.
Your children are the two from your present marriage. Your children equally split
the remaining balance of $187,500 ($600,000 - $412,500 = $187,500 ÷ 2 = $93,750)
Your stepchild (your spouse's child) whom you have not adopted does 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...