1. MCA Contents
  2. TITLE 72
  3. CHAPTER 2
  4. Part 2
  5. 72-2-226 Effect of election on statutory benefits

Montana Code Annotated 2017

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS

Part 2. Elective Share of Surviving Spouse

Effect Of Election On Statutory Benefits

72-2-226. Effect of election on statutory benefits. If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, exempt property, and family allowance, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.

History: En. 91A-2-206 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-206; amd. Sec. 8, Ch. 582, L. 1989; amd. Sec. 52, Ch. 494, L. 1993; Sec. 72-2-704, MCA 1991; redes. 72-2-226 by Code Commissioner, 1993.