1. MCA Contents
  2. TITLE 72
  3. CHAPTER 2
  4. Part 1
  5. 72-2-118 Afterborn heirs

Montana Code Annotated 2023

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

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

Part 1. Intestate Succession

Afterborn Heirs

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.