MT estate risk

Complexity triggers in Montana

Scenarios that increase estate risk, such as blended families or multi-state property.

Montana uses an elective share tied to the augmented estate and provides a homestead allowance that has priority over most claims.

Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?

At a glance

Key takeaways

A surviving spouse may elect to take 50% of the marital-property portion of the augmented estate.
The homestead allowance has priority over claims and is in addition to other transfers unless a will provides otherwise.

Questions to consider

State overview

Montana uses an elective share tied to the augmented estate and provides a homestead allowance that has priority over most claims.

A surviving spouse may elect to take 50% of the marital-property portion of the augmented estate.
The homestead allowance has priority over claims and is in addition to other transfers unless a will provides otherwise.

Sources

Background sources

National sources provide baseline context; state statutes and court rules control in Montana.

Optional next steps

Educational resources only. No forms and no legal advice.

Context links

Understand death-risk context for Montana

LifeRiskIQ gives broader mortality context that can help frame when estate planning becomes more urgent.

Understand retirement-risk context for Montana

RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.

Review federal estate tax basics

IRS guidance on federal estate tax thresholds, filings, and definitions.