72-2-112. Share of spouse

MT Code § 72-2-112 (2019) (N/A)

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72-2-112. Share of spouse. The intestate share of a decedent's surviving spouse is:

(1) the entire intestate estate if:

(a) no descendant or parent of the decedent survives the decedent; or

(b) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;

(2) the first $300,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent but a parent of the decedent survives the decedent;

(3) the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;

(4) the first $150,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.

History: En. 91A-2-102 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 363, L. 1975; R.C.M. 1947, 91A-2-102; amd. Sec. 4, Ch. 582, L. 1989; amd. Sec. 11, Ch. 494, L. 1993; Sec. 72-2-202, MCA 1991; redes. 72-2-112 by Code Commissioner, 1993; amd. Sec. 8, Ch. 313, L. 2019.

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72-2-111. Intestate estate

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72-2-113. Share of heirs other than surviving spouse