A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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Elective share statutes give to a surviving spouse a fixed fraction, typically out of a probate estate of the deceased spouse. Traditionally that fraction is one-third of the estate regardless of the length of the marriage. The Uniform Probate Code provides a more complicated scheme for determining the elective share.
Your surviving spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance.
Spouses in Montana Inheritance Law Die with a surviving spouse and no parents or children or other descendants, and your spouse inherits your entire estate. And if you leave behind a spouse and descendants with that spouse, your spouse also inherits everything.
Under Montana law, a surviving spouse is entitled to take an elective share amount equal to 50% of the value of the marital property portion of the augmented estate.
72-2-232. Elective share. (1) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to 50% of the value of the marital-property portion of the augmented estate.
