Montana Code 72-2-118. Afterborn heirs
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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.
Terms Used In Montana Code 72-2-118
- Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.