Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Montana law, heirs cannot elect to receive a life estate in place of an intestate share. Montana abolished dower and curtesy, so the surviving spouse or other heirs do not have a statutory right to a life estate in the decedent’s real property. (MCA § 72-2-508).
Intestate distribution follows the rules in MCA § 72-2-501. The surviving spouse’s share is set by MCA § 72-2-507. If no spouse exists, property passes to children, parents, or other kin in prescribed proportions.
An heir may disclaim all or part of an intestate share by following the requirements in MCA § 72-2-931. A valid disclaimer treats the disclaimed interest as if the heir predeceased the decedent. Disclaiming does not convert the share into a life estate—it simply removes the heir’s interest.
If heirs wish to hold a life estate, they must agree voluntarily. Typically, this involves drafting and recording a deed that grants a life estate or entering a written partition agreement. Clear title and precise language are crucial. Working with an attorney can ensure proper documentation and avoid future disputes.
Helpful Hints
- Review Montana’s intestate statutes to understand default distribution paths.
- Consider disclaiming an interest only after consulting an attorney to understand consequences.
- For a voluntary life estate, use a deed with clear terms specifying the life tenant and remainder beneficiaries.
- File any deeds or disclaimers promptly with the county recorder to protect interests.
- Discuss mediation or negotiation if multiple heirs disagree on property arrangements.