72-2-721. Interests in "heirs" and like. If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs", "heirs at law", "next of kin", "relatives", or "family" or language of similar import, the property passes to those persons, including the state, and in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile in effect at the time the disposition is to take effect in possession or enjoyment as if the designated individual died at that time. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
History: En. Sec. 70, Ch. 494, L. 1993; amd. Sec. 19, Ch. 592, L. 1995.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers
Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments
72-2-708. through 72-2-710 reserved
72-2-712. Requirement of survival by 120 hours
72-2-713. Choice of law as to meaning and effect of governing instrument
72-2-715. Class gifts construed to accord with intestate succession
72-2-717. Survivorship with respect to future interests under terms of trust -- substitute takers
72-2-719. Representation -- per capita at each generation -- per stirpes