"Dying Without a Will in Montana" 4-week Estate Planning Webinar Series

Jennifer Solf, Musselshell-Golden Valley County Extension Agent

Marsha Goetting, MSU Extension Family Economics Specialist

“Dying Without a Will in Montana” discusses how state law controls the distribution of property after death and how creating a will can give people control over who receives their assets after they pass away.

Since folks are still taking several precautions due to the coronavirus pandemic, it is a key time for those without a will to make decisions about leaving equal or equitable inheritances and organize necessary information to have a will written, according to Jennifer Solf, Musselshell-Golden Valley County Extension Agent.

MSU Extension has a MontGuide called “Dying without a Will” that covers how property will be distributed under state law for Montana residents who pass away without a written will.

“Some people assume Montana law would distribute property the same way they would,” said Marsha Goetting, MSU Extension family economics specialist. But a few family situations reveal how Montana law may not be best solution, she said.

In one example of property distribution, say a person dies without a will with property valued at $800,000 titled in sole ownership. That person is survived by parents and a spouse. Instead of the spouse receiving all the money, Montana law grants a surviving spouse the first $300,000 in value of the estate and three-fourths of the balance. The remaining balance passes equally to the parents. This means the spouse receives $675,000, and the parents receive $62,500 each. A will in this scenario would give the deceased control over the distribution of assets. The deceased could have left all assets to the surviving spouse, added Solf.

In a second example, Goetting pointed out that wills and contracts may sometimes be at odds. For example, Dad could remarry after the death of a spouse and title the home in joint tenancy with right of survivorship after he remarried. That same Dad could also write a will that leaves the home to children from his prior marriage. However, the joint tenancy title is a contract, giving it priority over the will. Dad has disinherited his children without realizing it. Goetting suggests, in this scenario, the Dad should take into consideration effect of the title of the distribution of property at death.

Also, a will that includes a separate listing of personal property can make it easier for surviving family members to follow the deceased’s wishes about who receives treasured items, such as a watch, a quilt, guns, and a yellow pie plate Goetting said.

Solf says there are four ways to learn whom property passes to under Montana law if one does not have a will. The first is to visit the MSU Extension website and answer some questions to determine where property will pass after death.

Second, an interactive CD with the same information, is available at no charge. Requests for CDs can be made by emailing Goetting at [email protected].

A paper copy of the Dying Without a Will MontGuide may be requested from our Musselshell-Golden Valley County Extension office at 323-2704. A PDF is available to download at http://msuextension.org/publications/FamilyFinancialManagement/MT198908HR.pdf.

Fourth, readers can attend the first session of an Estate Planning Webinar Series to be offered on Tuesday, January 18th in the Musselshell-Golden Valley Extension Office in Roundup from 1 pm-3 pm. The first session will include the following estate planning topics: Who Gets Your Property When You Die and What You Can and Cannot Do with a Will. Each session will consist of previously recorded webinars covering each topic and Dr. Marsha Goetting will join each session virtually to answer further questions. Contact Jennifer Solf at (406)323-2704 with additional questions.