If you die in the state of Montana without leaving behind a will, you are said to have died intestacy. Your assets will go to your closest relatives under state “intestate succession” laws. Only assets that would have passed through your will are affected by intestate succession laws. Many valuable assets such as 401(k)s and other retirement accounts do not go through your will. These assets will pass to the surviving co-owner or to the beneficiary you named, regardless of whether or not you have a will.

Read the following to understand intestacys law in Montana:

• If the deceased leave behind children but no spouse, the children inherit the entire intestacy property, divided equally.
• If the deceased leave behind a spouse but not descendants or parents, the spouse inherits the entire intestacy property.
• If the deceased leave behind a spouse and descendants that are related to both, and the spouse has no other descendants, the spouse inherits the entire intestacy property.
• If the deceased leave behind a spouse and descendants related to both, and the spouse has descendants from another relationship, the spouse inherits the first $150,000 of the intestate property, plus 1/2 of the balance. The children of the deceased inherit everything else.
• If the deceased leaves behind a spouse and descendants from the deceased and someone other than the spouse, the spouse inherits $100,000 of the intestate property, plus 1/2 of the balance. The descendants inherit the rest.
• If the deceased leaves behind a spouse and parents, the spouse inherits the first $200,000 of the intestate property, plus 3/4 of the balance. The parents inherit the remainder in equal shares.
• If the deceased leaves behind parents but no spouse or descendants, the parents inherit everything.
• If the deceased leaves behind siblings but no spouse, descendants, or parents, the siblings inherit everything.

To learn more about intestacy laws, visit www.nolo.com.

If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm today at 877-373-8059.