72-2-413. Exempt property. In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value, not exceeding $15,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the decedent's children are entitled jointly to the same value. If encumbered chattels are selected and if the value in excess of security interests, plus that of other exempt property, is less than $15,000 or if there is not $15,000 worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the $15,000 value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, but the right to any assets to make up a deficiency of exempt property abates as necessary to permit earlier payment of homestead allowance and family allowance. These rights are in addition to any benefit or share passing to the surviving spouse or children by the decedent's will unless otherwise provided, by intestate succession, or by way of elective share.
Mont. Code Ann. § 72-2-413
Exempt Property
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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS
Part 4. Exempt Property and Allowances
Exempt Property
History: En. 91A-2-402 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-402; amd. Sec. 58, Ch. 494, L. 1993; Sec. 72-2-802, MCA 1991; redes. 72-2-413 by Code Commissioner, 1993; amd. Sec. 28, Ch. 313, L. 2019.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1994–2021 · leading case: In Re the Estate of Alcorn
In Re the Estate of Alcorn (1994)
“Kathee additionally sought the following entitlements: one third of the augmented estate, pursuant to § 72-2-223, MCA; a homestead allowance of $20,000, pursuant to § 72-2-412, MCA; an exempt property allowance not to exceed $3,500, pursuant to § 72-2-413, MCA; and a family…”
Estate of Dower (2021)
“§72-2-801(2), MCA. Likewise, the family and exempt property allowances have priority.”
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