(a)Except as provided in subdivision (b), halfbloods, adopted persons, persons born out of wedlock, stepchildren, foster children, and the issue of these persons when appropriate to the class, are included in terms of class gift or relationship in accordance with the rules for determining relationship and inheritance rights for purposes of intestate succession.
(b)In construing a transfer by a transferor who is not the natural parent, a person born to the natural parent shall not be considered the child of that parent unless the person lived while a minor as a regular member of the household of the natural parent or of that parent’s parent, brother, sister, spouse, or surviving spouse. In construing a transfer by a transferor who is not the adoptive parent, a person adopted by the adoptive parent shall not be considered the child of that parent unless the person lived while a minor (either before or after the adoption) as a regular member of the household of the adopting parent or of that parent’s parent, brother, sister, or surviving spouse.
(c)Subdivisions (a) and (b) shall also apply in determining:
(1)Persons who would be kindred of the transferor or kindred of a surviving, deceased, or former spouse of the transferor under Section 21110.
(2)Persons to be included as issue of a deceased transferee under Section 21110.
(3)Persons who would be the transferor’s or other designated person’s heirs under Section 21114.
(d)The rules for determining intestate succession under this section are those in effect at the time the transfer is to take effect in enjoyment.
Notes of Decisions
In Re the Est. of Bovey, 2006 MT 46 (Mont. 2006).
· cites it 4× “¶15 The commission comment to Cal. Prob. Code § 21115 states, “Subdivision (b) [the equivalent of Subsection 72-2-715(3), MCA] precludes the adoption of a person (often an adult) solely for the purpose of permitting the adoptee to take under the testamentary instrument of…”
Ellis v. Hurley CA2/5 (Cal. Ct. App. 2020).
· cites it 6× “The trustee took the position that two types of extrinsic evidence supported his interpretation of “grandchild” as excluding children born out of wedlock who did not live for a substantial time as a minor in the household of Peter’s child: (1) Peter’s declaration; and (2)…”
Ellis v. Hurley CA2/5 (Cal. Ct. App. 2020).
· cites it 6× “The trustee took the position that two types of extrinsic evidence supported his interpretation of “grandchild” as excluding children born out of wedlock who did not live for a substantial time as a minor in the household of Peter’s child: (1) Peter’s declaration; and (2)…”
In Re Matter of Est. of Bovey, 2006 MT 46 (Mont. 2006).
· cites it 4× “¶15 The commission comment to Cal. Prob. Code § 21115 states, "Subdivision (b) [the equivalent of Subsection 72-2-715(3), MCA] precludes the adoption of a person (often an adult) solely for the purpose of permitting the adoptee to take under the testamentary instrument of…”
— Cal. Probate Code § 21115(b) — 2 cases
In Re the Est. of Bovey, 2006 MT 46 (Mont. 2006).
“¶15 The commission comment to Cal. Prob. Code § 21115 states, “Subdivision (b) [the equivalent of Subsection 72-2-715(3), MCA] precludes the adoption of a person (often an adult) solely for the purpose of permitting the adoptee to take under the testamentary instrument of…”
In Re Matter of Est. of Bovey, 2006 MT 46 (Mont. 2006).
“¶15 The commission comment to Cal. Prob. Code § 21115 states, "Subdivision (b) [the equivalent of Subsection 72-2-715(3), MCA] precludes the adoption of a person (often an adult) solely for the purpose of permitting the adoptee to take under the testamentary instrument of…”
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