reglab/housing_qa huggingface dataset:
MT Code § 72-2-307 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 3. Spouse and Children Unprovided for in Wills|72-2-307. through 72-2-310 reserved

  72-2-307 through 72-2-310 reserved.
MT Code § 72-2-311 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 3. Spouse and Children Unprovided for in Wills|72-2-311. Renumbered 72-2-530

  72-2-311. Renumbered 72-2-530. Code Commissioner, 1993.
MT Code § 72-2-312 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 3. Spouse and Children Unprovided for in Wills|72-2-312. Renumbered 72-2-533

  72-2-312. Renumbered 72-2-533. Code Commissioner, 1993.
MT Code § 72-2-313 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 3. Spouse and Children Unprovided for in Wills|72-2-313. Renumbered 72-2-532

  72-2-313. Renumbered 72-2-532. Code Commissioner, 1993.
MT Code § 72-2-314 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 3. Spouse and Children Unprovided for in Wills|72-2-314. Renumbered 72-2-531

  72-2-314. Renumbered 72-2-531. Code Commissioner, 1993.
MT Code § 72-2-315 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 3. Spouse and Children Unprovided for in Wills|72-2-315. through 72-2-320 reserved

  72-2-315 through 72-2-320 reserved.
MT Code § 72-2-321 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 3. Spouse and Children Unprovided for in Wills|72-2-321. Renumbered 72-2-527

  72-2-321. Renumbered 72-2-527. Code Commissioner, 1993.
MT Code § 72-2-322 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 3. Spouse and Children Unprovided for in Wills|72-2-322. Renumbered 72-2-528

  72-2-322. Renumbered 72-2-528. Code Commissioner, 1993.
MT Code § 72-2-323 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 3. Spouse and Children Unprovided for in Wills|72-2-323. Renumbered 72-2-529

  72-2-323. Renumbered 72-2-529. Code Commissioner, 1993.
MT Code § 72-2-324 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 3. Spouse and Children Unprovided for in Wills|72-2-324. through 72-2-330 reserved

  72-2-324 through 72-2-330 reserved.
MT Code § 72-2-331 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 3. Spouse and Children Unprovided for in Wills|72-2-331. Entitlement of spouse -- premarital will

  72-2-331. Entitlement of spouse -- premarital will. (1) If a testator's surviving spouse married the testator after the execution of the will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate the spouse would have received if the testator had died intestate as to that portion of the testator's estate, if any, that is neither devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor devised to the descendant of such a child or passes under 72-2-613 or 72-2-614 to such a child or to a descendant of such a child, unless:   (a) it appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse;   (b) the will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or   (c) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.   (2) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift under 72-2-613 or 72-2-614 to a descendant of such a child, abate as provided in 72-3-901.   History: En. 91A-2-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-301; amd. Sec. 48, Ch. 494, L. 1993; Sec. 72-2-601, MCA 1991; redes. 72-2-331 by Code Commissioner, 1993; amd. Sec. 12, Ch. 592, L. 1995.
MT Code § 72-2-401 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 4. Exempt Property and Allowances|72-2-401. Renumbered 72-2-536

  72-2-401. Renumbered 72-2-536. Code Commissioner, 1993.
MT Code § 72-2-402 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 4. Exempt Property and Allowances|72-2-402. Renumbered 72-2-535

  72-2-402. Renumbered 72-2-535. Code Commissioner, 1993.
MT Code § 72-2-403 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 4. Exempt Property and Allowances|72-2-403. through 72-2-410 reserved

  72-2-403 through 72-2-410 reserved.
MT Code § 72-2-411 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 4. Exempt Property and Allowances|72-2-411. Applicable law

  72-2-411. Applicable law. This part applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in this state are governed by the law of the decedent's domicile at death.   History: En. Sec. 56, Ch. 494, L. 1993.
MT Code § 72-2-412 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 4. Exempt Property and Allowances|72-2-412. Homestead allowance

  72-2-412. Homestead allowance. A decedent's surviving spouse is entitled to a homestead allowance of $22,500. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $22,500 divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate. Homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent unless otherwise provided, by intestate succession, or by way of elective share.   History: En. 91A-2-401 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 153, L. 1977; R.C.M. 1947, 91A-2-401; amd. Sec. 57, Ch. 494, L. 1993; Sec. 72-2-801, MCA 1991; redes. 72-2-412 by Code Commissioner, 1993; amd. Sec. 27, Ch. 313, L. 2019.
MT Code § 72-2-413 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 4. Exempt Property and Allowances|72-2-413. Exempt property

  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.   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.
MT Code § 72-2-414 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 4. Exempt Property and Allowances|72-2-414. Family allowance

  72-2-414. Family allowance. (1) In addition to the right to homestead allowance and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than 1 year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children, otherwise to the children or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the child's guardian or other person having the child's care and custody and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims except the homestead allowance.   (2) The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided, by intestate succession, or by way of elective share. The death of any person entitled to family allowance terminates the right to allowances not yet paid.   History: En. 91A-2-403 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-403; amd. Sec. 59, Ch. 494, L. 1993; Sec. 72-2-803, MCA 1991; redes. 72-2-414 by Code Commissioner, 1993.
MT Code § 72-2-415 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 4. Exempt Property and Allowances|72-2-415. Source, determination, and documentation

  72-2-415. Source, determination, and documentation. (1) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the children, or the guardians of the minor children are unable or fail to do so within a reasonable time or if there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $27,000 or periodic installments not exceeding $2,250 per month for 1 year and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or any interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.   (2) If the right to an elective share is exercised on behalf of a surviving spouse who is an incapacitated person, the personal representative may add any unexpended portions payable under the homestead allowance, exempt property, and family allowance to the trust established under 72-2-242(2).   History: En. 91A-2-404 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-404; amd. Sec. 60, Ch. 494, L. 1993; Sec. 72-2-804, MCA 1991; redes. 72-2-415 by Code Commissioner, 1993; amd. Sec. 29, Ch. 313, L. 2019.
MT Code § 72-2-501 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-501. Repealed

  72-2-501. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. 91A-2-603 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-603.
MT Code § 72-2-502 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-502. Renumbered 72-2-612

  72-2-502. Renumbered 72-2-612. Code Commissioner, 1993.
MT Code § 72-2-503 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-503. Repealed

  72-2-503. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. 91A-2-611 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-611.
MT Code § 72-2-504 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-504. Renumbered 72-2-713

  72-2-504. Renumbered 72-2-713. Code Commissioner, 1993.
MT Code § 72-2-505 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-505. through 72-2-510 reserved

  72-2-505 through 72-2-510 reserved.
MT Code § 72-2-511 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-511. Repealed

  72-2-511. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. 91A-2-601 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-601.
MT Code § 72-2-512 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-512. Renumbered 72-2-613

  72-2-512. Renumbered 72-2-613. Code Commissioner, 1993.
MT Code § 72-2-513 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-513. Renumbered 72-2-614

  72-2-513. Renumbered 72-2-614. Code Commissioner, 1993.
MT Code § 72-2-514 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-514. Renumbered 72-2-617

  72-2-514. Renumbered 72-2-617. Code Commissioner, 1993.
MT Code § 72-2-515 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-515. Renumbered 72-2-619

  72-2-515. Renumbered 72-2-619. Code Commissioner, 1993.
MT Code § 72-2-516 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-516. Renumbered 72-2-616

  72-2-516. Renumbered 72-2-616. Code Commissioner, 1993.
MT Code § 72-2-517 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-517. Renumbered 72-2-615

  72-2-517. Renumbered 72-2-615. Code Commissioner, 1993.
MT Code § 72-2-518 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-518. Renumbered 72-2-618

  72-2-518. Renumbered 72-2-618. Code Commissioner, 1993.
MT Code § 72-2-519 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-519. Renumbered 72-2-537

  72-2-519. Renumbered 72-2-537. Code Commissioner, 1993.
MT Code § 72-2-520 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-520. reserved

  72-2-520 reserved.
MT Code § 72-2-521 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-521. Who may make a will

  72-2-521. Who may make a will. An individual 18 or more years of age who is of sound mind may make a will.   History: En. 91A-2-501 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-501; amd. Sec. 22, Ch. 494, L. 1993; Sec. 72-2-301, MCA 1991; redes. 72-2-521 by Code Commissioner, 1993.
MT Code § 72-2-522 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-522. Execution -- witnessed wills -- holographic wills

  72-2-522. Execution -- witnessed wills -- holographic wills. (1) Except as provided in 72-2-523, 72-2-526, 72-2-533, and subsection (2) of this section, a will must be:   (a) in writing;   (b) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and   (c) signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will as described in subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will.   (2) A will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.   (3) Intent that the document constitute the testator's will may be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.   History: En. 91A-2-502 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-502; amd. Sec. 23, Ch. 494, L. 1993; Sec. 72-2-302, MCA 1991; redes. 72-2-522 by Code Commissioner, 1993.
MT Code § 72-2-523 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-523. Writings intended as wills

  72-2-523. Writings intended as wills. Although a document or writing added upon a document was not executed in compliance with 72-2-522, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:   (1) the decedent's will;   (2) a partial or complete revocation of the will;   (3) an addition to or an alteration of the will; or   (4) a partial or complete revival of the decedent's formerly revoked will or of a formerly revoked portion of the will.   History: En. Sec. 34, Ch. 494, L. 1993.
MT Code § 72-2-525 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-525. Who may witness

  72-2-525. Who may witness. (1) An individual generally competent to be a witness may act as a witness to a will.   (2) The signing of a will by an interested witness does not invalidate the will or any provision of it.   History: En. 91A-2-505 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-505; amd. Sec. 1, Ch. 6, L. 1979; amd. Sec. 5, Ch. 582, L. 1989; amd. Sec. 25, Ch. 494, L. 1993; Sec. 72-2-305, MCA 1991; redes. 72-2-525 by Code Commissioner, 1993.
MT Code § 72-2-526 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 5. Wills, Will Contracts, and Custody and Deposit of Wills|72-2-526. Choice of law as to execution

  72-2-526. Choice of law as to execution. A written will is valid if executed in compliance with 72-2-522 or 72-2-523 or if its execution complies with the law at the time of execution of the place where the will is executed or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national.   History: En. 91A-2-506 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-506; amd. Sec. 26, Ch. 494, L. 1993; Sec. 72-2-306, MCA 1991; redes. 72-2-526 by Code Commissioner, 1993.