72-2-118. Afterborn heirs. An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent's death lived 120 hours after birth, it is deemed that the individual failed to survive for the required period.
History: En. 91A-2-108 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-108; amd. Sec. 18, Ch. 494, L. 1993; Sec. 72-2-212, MCA 1991; redes. 72-2-118 by Code Commissioner, 1993; amd. Sec. 11, Ch. 313, L. 2019.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers
72-2-106. through 72-2-110 reserved
72-2-113. Share of heirs other than surviving spouse
72-2-114. Requirement that heir survive decedent for 120 hours
72-2-117. Kindred of half blood
72-2-122. Dower and curtesy abolished
72-2-123. Individuals related to decedent through two lines
72-2-124. Parent and child relationship
72-2-125. Parent barred from inheriting in certain circumstances