This pamphlet provides an overview of disclaimers by those who inherit assets they choose not to accept. Topics included cover why a disclaimer may be made and the general rules for making a disclaimer. A link to state-specific information is provided.
Montana USLegal Pamphlet on Disclaiming an Inheritance
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FAQ
If you are unmarried and die without a valid will and last testament in Montana, then your entire estate goes to any surviving children in equal shares, or grandchildren if you don't have any surviving children. If you die intestate unmarried and with no children, then by law, your parents inherit your entire estate.
The disclaimer must be in writing and submitted to the court overseeing the disposition of the estate within a legally specified time period, which is usually nine months after the death of the person from whom the disclaiming party stands to inherit, or twelve months after the creation of a trust by a living person.
Estate Tax In 2023, the limit is $12.92 million. In other words, if someone dies with less than $12.92 million in assets, they do not have to pay an estate tax. The exemption is adjusted for inflation each year and will reduce to around $6 million in 2026.
Under the Montana UPC, if the survivor is a common law spouse and the decedent has no surviving descendants (children, grandchildren, great grandchildren) or surviving parent(s), the surviving spouse receives all the decedent's estate.
In order to disclaim an inheritance, you will need to write a Disclaimer, which states that you are disclaiming your inheritance in writing. Within your Disclaimer, you will need to explain what is being disclaimed, whether it is only part of your inheritance or all of it, as well as sign the document to make it legal.
If you are unmarried and die without a valid will and last testament in Montana, then your entire estate goes to any surviving children in equal shares, or grandchildren if you don't have any surviving children. If you die intestate unmarried and with no children, then by law, your parents inherit your entire estate.
Under Montana law include the 120-hour survival requirement, contractual arrangements and if property is owned out-of-state. Heir Must Survive 5 Days Montana law requires that an heir must survive the decedent for five days (120 hours) to inherit under intestate statutes.
Collection of Personal Property by Affidavit ? This procedure may be initiated 30 days after a person dies, if the value of the entire estate (less liens and encumbrances) does not exceed $50,000.
