Illegitamate children

My husband and I own valuable real estate as joint tenants. I assume (?) under MT state law if he should die, I would inherit our joint property as survivor. My question involves the children. We both have children from a previous marriage...he has 2, I have 3. We have none together. During our marriage he had an affair that produced a child. The mother does not claim any support, etc and has never claimed officially (as far as I know) that he was the father. He still has communication with her and the child. I would like to know...what happens if she should decide to claim (for their child) any part of my property after his death. What are the childs rights as an illegitamate birth? She HATES me because we decided not to divorce. Does the child have any rights to my survivorship?

Yeah...never looked at it that way. Guess I should divorce the S.O.B, get my share now and let him pay with his own money. That would fix him right?

Upon his death, the property becomes yours and child has no way of getting any part of your property so you have nothing to worry about, except asking your husband if he has made out a last will and testament to insure that his wishes about his estate are carried out.

easykeeper said:

Yeah...never looked at it that way. Guess I should divorce the S.O.B, get my share now and let him pay with his own money. That would fix him right?

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Is the child a minor?

baystategirl said:

Is the child a minor?

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Are children allowed to be miners?

Montana probate laws

My underlying question was in regard to ALL the children involved. By Montana law does joint tenant property go to the survivor? Or does half still belong to the deceased persons estate to be divided among the spouse and the children of the deceased. Since we both have children from previous marriages how could this be handled? I only ask because we both wonder if one of us (the survivor) would be forced to sell our home to satisfy the children as heirs? leaving the surviving spouse without a home. All six 'children' are adults except the one from his affair.