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Most property received by a beneficiary from a decedent has a stepped-up basis. This means the basis of the property is stepped-up (or possibly down) to the fair market value at the date of death of the owner.
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.
Spousal Rights in Inheritance Litigation They also will inherit the decedent's separate property, if the decedent is not survived by parents, children, or siblings. If there are other survivors, the surviving spouse will receive between one-third and one-half of the decedent's separate property.
Both Marital and Separate Property Will be Divided Separate property is property you owned before marriage. It also includes certain property you receive during marriage, like a gift, an inheritance, or new property in exchange for the separate property you had before.
Under Montana's probate laws, you can distribute certain types of property and assets without a probate court's approval. They include: Accounts with a named beneficiary, such as life insurance policies and retirement funds. Assets and property that is held in a living trust.
Divvying up your estate in an equal way between your children often makes sense, especially when their histories and circumstances are similar. Equal distribution can also avoid family conflict over fairness or favoritism.
Your surviving spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance.