Mont. Code Ann. § 72-5-316 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-316
72-5-316 Findings -- order of appointment
Status: in_force

72-5-316 . Findings -- order of appointment. (1) If the court is satisfied that the person for whom a guardianship is sought is incapacitated, that the identified needs of the person cannot be met by a less restrictive alternative, and that judicial intervention in the person's personal freedom of action and decision is necessary to meet essential requirements for the person's physical health or safety, it may appoint a full guardian having the powers described in 72-5-321 or a limited guardian having the powers described in the order. If the court is satisfied that the allegedly incapacitated person could handle the essential requirements for physical health or safety if the person's financial resources were managed by another, it shall order that the petition be treated as a petition for a protective order under Title 72, chapter 5, part 4, and proceed accordingly. Alternatively, the court may dismiss the proceeding or enter any other appropriate order that is not inconsistent with the specific provisions of this part. In issuing its order, the court shall make specific findings of fact.

(2) The court may not invest a guardian with powers or duties beyond those sought in the petition and may, upon petition for a full guardianship, create a limited guardianship or conservatorship when the court determines that a limited guardianship or conservatorship is all that is required for the care and protection of the incapacitated person. The order must specify whether a full or limited guardianship is being created. In the case of a limited guardianship, the order must specify the particular powers and duties vested in the limited guardian and the period for which the limited guardianship is created.

(3) An incapacitated person may not be limited in the exercise of any civil or political rights except those that are clearly inconsistent with the exercise of the powers granted to the guardian unless the court's order specifically provides for the limitations. The order must state that all rights not specifically limited are retained by the incapacitated person.
Mont. Code Ann. § 72-2-124 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-124
72-2-124 Parent and child relationship
Status: in_force

72-2-124 . Parent and child relationship. (1) Except as provided in subsections (2) and (3), for the purposes of intestate succession by, through, or from a person, an individual is the child of the child's natural parents, regardless of their marital status. The parent and child relationship may be established under Title 40, chapter 6, part 1.

(2) An adopted individual is the child of an adopting parent or parents and not of the natural parents, but adoption of a child by the spouse of either natural parent has no effect on:

(a) the relationship between the child and that natural parent; or

(b) the right of the child or a descendant of the child to inherit from or through the other natural parent.

(3) Inheritance from or through a child by either natural parent or the parent's kindred is precluded unless that natural parent has openly treated the child as the parent's and has not refused to support the child.
Mont. Code Ann. § 72-16-1004 — MT Code / Title 72 / Chapter 16 / Part 10 / Section 72-16-1004
72-16-1004 Liability for tax -- interest on delinquent tax
Status: in_force

72-16-1004 . Liability for tax -- interest on delinquent tax. The person liable for payment of the federal generation-skipping transfer tax is liable for the tax imposed under 72-16-1002 . If the tax imposed by 72-16-1002 is not paid within the time established in 72-16-1003 , the tax is delinquent and draws interest at the rate of 10% a year.
Mont. Code Ann. § 72-3-622 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-622
72-3-622 Corepresentatives -- when joint action required
Status: in_force

72-3-622 . Corepresentatives -- when joint action required. If two or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply:

(1) when any corepresentative receives and receipts for property due the estate;

(2) when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate; or

(3) when a corepresentative has been delegated to act for the others.
Mont. Code Ann. § 72-3-1001 — MT Code / Title 72 / Chapter 3 / Part 10 / Section 72-3-1001
72-3-1001 Formal proceedings terminating administration -- testate or intestate -- order of complete settlement
Status: in_force

72-3-1001 . Formal proceedings terminating administration -- testate or intestate -- order of complete settlement. (1) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after 1 year from the appointment of the original personal representative, except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired.

(2) The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs, and to adjudicate the final settlement and distribution of the estate.

(3) After notice to all interested persons and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any interested person.
Mont. Code Ann. § 72-34-441 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-441
72-34-441 Payments characterized as interest or dividend -- allocation to income -- allocation of other payments -- excess allocation to income in order to obtain estate tax marital deduction
Status: in_force

72-34-441 . Payments characterized as interest or dividend -- allocation to income -- allocation of other payments -- excess allocation to income in order to obtain estate tax marital deduction. (1) In this section:

(a) "Payment" means a payment that a trustee may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payer in exchange for future payments. The term includes a payment made in money or property from the payer's general assets or from a separate fund created by the payer. For purposes of subsections (4), (5), (6), and (7), the term also includes any payment from any separate fund, regardless of the reason for the payment.

(b) "Separate fund" includes a private or commercial annuity, an individual retirement account, and a pension, profit-sharing, stock-bonus, or stock-ownership plan.

(2) To the extent that a payment is characterized as interest, a dividend, or a payment made in lieu of interest or a dividend, a trustee shall allocate the payment to income. The trustee shall allocate to principal the balance of the payment and any other payment received in the same accounting period that is not characterized as interest, a dividend, or an equivalent payment.

(3) If no part of a payment is characterized as interest, a dividend, or an equivalent payment and all or part of the payment is required to be made, a trustee shall allocate to income 10% of the part that is required to be made during the accounting period and the balance to principal. If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, the trustee shall allocate the entire payment to principal. For purposes of this subsection, a payment is not required to be made to the extent that it is made because the trustee exercises a right of withdrawal.

(4) Except as otherwise provided in subsection (5), subsections (6) and (7) apply and subsections (2) and (3) do not apply in determining the allocation of a payment made from a separate fund to:

(a) a trust to which an election to qualify for a marital deduction under section 2056(b)(7) of the Internal Revenue Code, 26 U.S.C. 2056(b)(7), as amended, has been made; or

(b) a trust that qualifies for the marital deduction under section 2056(b)(5) of the Internal Revenue Code, 26 U.S.C. 2056(b)(5), as amended.

(5) Subsections (4), (6), and (7) do not apply if and to the extent that the series of payments would, without the application of subsection (4), qualify for the marital deduction under section 2056(b)(7)(C) of the Internal Revenue Code, 26 U.S.C. 2056(b)(7)(C), as amended.

(6) A trustee shall determine the internal income of each separate fund for the accounting period as if the separate fund were a trust subject to this part. Upon request of the surviving spouse, the trustee shall demand that the person administering the separate fund distribute the internal income to the trust. The trustee shall allocate a payment from the separate fund to income to the extent of the internal income of the separate fund and distribute that amount to the surviving spouse. The trustee shall allocate the balance of the payment to principal. Upon request of the surviving spouse, the trustee shall allocate principal to income to the extent the internal income of the separate fund exceeds payments made from the separate fund to the trust during the accounting period.

(7) If a trustee cannot determine the internal income of a separate fund but can determine the value of the separate fund, the internal income of the separate fund is deemed to equal 3% of the fund's value, according to the most recent statement of value preceding the beginning of the accounting period. If the trustee can determine neither the internal income of the separate fund nor the fund's value, the internal income of the fund is deemed to equal the product of the interest rate and the present value of the expected future payments, as determined under section 7520 of the Internal Revenue Code, 26 U.S.C. 7520, as amended, for the month preceding the accounting period for which the computation is made.

(8) This section does not apply to payments to which 72-34-442 applies.
Mont. Code Ann. § 72-31-325 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-325
72-31-325 Liability for refusal to accept acknowledged power of attorney
Status: in_force

72-31-325 . Liability for refusal to accept acknowledged power of attorney. (1) Except as otherwise provided in subsection (2):

(a) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under 72-31-324 (4) no later than 7 business days after presentation of the power of attorney for acceptance;

(b) if a person requests a certification, a translation, or an opinion of counsel under 72-31-324 (4), the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation, or opinion of counsel; and

(c) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

(2) A person is not required to accept an acknowledged power of attorney if:

(a) the person is not otherwise required to engage in a transaction with the principal in the same circumstances;

(b) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;

(c) the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;

(d) a request for a certification, a translation, or an opinion of counsel under 72-31-324 (4) is refused;

(e) the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under 72-31-324 (4) has been requested or provided; or

(f) the person makes or has actual knowledge that another person has made a report to the local office of the department of public health and human services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.

(3) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:

(a) a court order mandating acceptance of the power of attorney; and

(b) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
Mont. Code Ann. § 72-3-612 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-612
72-3-612 No individual liability -- exceptions -- certain claims to be brought against personal representative
Status: in_force

72-3-612 . No individual liability -- exceptions -- certain claims to be brought against personal representative. (1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in the personal representative's fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the representative capacity and identify the estate in the contract.

(2) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if the personal representative is personally at fault.

(3) Claims based on contracts entered into by a personal representative in a fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in the personal representative's fiduciary capacity, whether or not the personal representative is individually liable.

(4) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding.
Mont. Code Ann. § 72-31-324 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-324
72-31-324 Acceptance of and reliance upon acknowledged power of attorney
Status: in_force

72-31-324 . Acceptance of and reliance upon acknowledged power of attorney. (1) For purposes of 72-31-325 and this section, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments.

(2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under 72-31-305 that the signature is genuine.

(3) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.

(4) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:

(a) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;

(b) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and

(c) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

(5) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than 7 business days after the power of attorney is presented for acceptance.

(6) For purposes of 72-31-325 and this section, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
Mont. Code Ann. § 72-3-607 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-607
72-3-607 Inventory -- appraisal
Status: in_force

72-3-607 . Inventory -- appraisal. (1) Within 9 months after appointment, a personal representative who is not a special administrator or a successor to another representative who has previously discharged this duty shall prepare an inventory of probate property owned by the decedent at the time of the decedent's death, listing the inventory of property with reasonable detail and indicating for each listed item its fair market value as of the date of the decedent's death and the type and amount of any encumbrance that may exist with reference to the item.

(2) The inventory must include a statement of the fair market value of the decedent's interest in every item listed in the inventory. The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser must be indicated on the inventory with the item or items appraised.

(3) The personal representative shall:

(a) send a copy of the inventory to the following who request it: heirs, devisees, and creditors with allowed claims that have not been satisfied; or

(b) file the original of the inventory with the court and send a copy of the inventory to interested persons who request it.

(4) An heir, devisee, creditor, and any other interested person may waive their right to receive a copy of the inventory by executing a written waiver that is delivered to the personal representative. For the purposes of subsection (3)(a), the personal representative is considered to have sent a copy of the inventory to the waiving party.

(5) The personal representative may prepare a list of all property owned by the decedent at the time of decedent's death, including both probate and nonprobate property, the fair market value and nature of the decedent's interest in the property on the date of the decedent's death, and the name of each nonprobate transferee.

(6) Unless the court orders otherwise after notice and hearing, within 90 days of a demand by the decedent's spouse who has a right to election under 72-2-232 and whose right has not expired pursuant to 72-2-241 , the personal representative who is not a special administrator or a successor to another representative who has previously discharged this duty shall prepare a list of all property owned by the decedent at the time of decedent's death, including both probate and nonprobate property, the fair market value and nature of the decedent's interest in the property on the date of the decedent's death, and the name of each nonprobate transferee, in each case, to the extent known or reasonably discoverable by the personal representative, and shall mail a copy of the list to the surviving spouse who has demanded it.

(7) The personal representative has authority to acquire information necessary to complete the inventory described in subsection (1) and to complete the list described in subsections (5) and (6). Parties providing the information requested by the personal representative are discharged from all liability for doing so. The personal representative is discharged from all liability for disclosing the information necessary to fulfill the personal representative's duties and for disclosing the information to the surviving spouse under subsection (5).
Mont. Code Ann. § 72-6-408 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-408
72-6-408 Requirements
Status: in_force

72-6-408 . Requirements. A transfer on death deed:

(1) except as otherwise provided in subsection (2), must contain the essential elements and formalities of a properly recordable inter vivos deed;

(2) must state that the transfer to the designated beneficiary is to occur at the transferor's death; and

(3) must be recorded before the transferor's death in the public records in the office of the county clerk and recorder of the county where the property is located.
Mont. Code Ann. § 72-6-224 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-224
72-6-224 Payment to designated agent
Status: in_force

72-6-224 . Payment to designated agent. A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party is disabled, incapacitated, or deceased when the request is made or received and whether or not the authority of the agent terminates on the disability or incapacity of a party.
Mont. Code Ann. § 72-5-407 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-407
72-5-407 Venue
Status: in_force

72-5-407 . Venue. Venue for proceedings under this part is:

(1) in the place in this state where the person to be protected resides, whether or not a guardian has been appointed in another place; or

(2) if the person to be protected does not reside in this state, in any place where the person has property.
Mont. Code Ann. § 72-6-406 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-406
72-6-406 Transfer on death deed nontestamentary
Status: in_force

72-6-406 . Transfer on death deed nontestamentary. A transfer on death deed is nontestamentary.
Mont. Code Ann. § 72-38-208 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-208
72-38-208 Application
Status: in_force

72-38-208 . Application. Sections 72-38-209 through 72-38-212 apply to notice in proceedings commenced pursuant to Title 72, chapter 38, part 2.
Mont. Code Ann. § 72-6-213 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-213
72-6-213 Alteration of rights
Status: in_force

72-6-213 . Alteration of rights. (1) Rights at death under 72-6-212 are determined by the terms of the account at the death of a party.

(2) Except as provided in subsection (3) and unless otherwise agreed in writing between the parties to the account, the terms of an account may be altered by written notice given by a party to the financial institution to change the terms of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during the party's lifetime.

(3) A financial institution may, in its discretion, refuse to honor a request for alteration of rights that would change:

(a) the financial institution's obligations or rights under the contract of deposit; or

(b) the parties to a multiple-party account if the request is not signed by all of the parties to the account.

(4) A right of survivorship arising from the express terms of the account, from 72-6-212 , or from a POD designation may not be altered by will.
Mont. Code Ann. § 72-6-310 — MT Code / Title 72 / Chapter 6 / Part 3 / Section 72-6-310
72-6-310 Terms, conditions, and forms for registration
Status: in_force

72-6-310 . Terms, conditions, and forms for registration. (1) (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for:

(i) registrations in beneficiary form; and

(ii) implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary.

(b) The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death that governs inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.

(2) The following are illustrations of registrations in beneficiary form that a registering entity may authorize:

(a) sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown Jr.;

(b) multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr.;

(c) multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. LDPS.
Mont. Code Ann. § 72-5-402 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-402
72-5-402 Contents of petition
Status: in_force

72-5-402 . Contents of petition. (1) The petition must set forth to the extent known:

(a) the interest of the petitioner;

(b) the name, age, residence, and address of the person to be protected;

(c) the name and address of that person's guardian, if any;

(d) the name and address of that person's nearest relative known to the petitioner;

(e) a general statement of that person's property with an estimate of the value of the property, including any compensation, insurance, pension, or allowance to which the person is entitled; and

(f) the reason why appointment of a conservator or other protective order is necessary.

(2) If the appointment of a conservator is requested, the petition also must set forth the name and address of the person whose appointment is sought and the basis of the person's priority for appointment.

(3) The petition must affirm that no mental health care advance directive exists or, if a directive exists, the directive must be attached to the petition.
Mont. Code Ann. § 72-1-109 — MT Code / Title 72 / Chapter 1 / Part 1 / Section 72-1-109
72-1-109 Acts by holder of general power
Status: in_force

72-1-109 . Acts by holder of general power. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative, including relief from liability or penalty for failure to post bond, or to perform other duties, the sole holder or all coholders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.
Mont. Code Ann. § 72-31-337 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-337
72-31-337 Incorporation of authority
Status: in_force

72-31-337 . Incorporation of authority. (1) An agent has authority described in 72-31-336 , 72-31-339 through 72-31-352 , and this section if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in 72-31-339 through 72-31-352 or cites the section in which the authority is described.

(2) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in 72-31-339 through 72-31-352 or a citation to a section of 72-31-339 through 72-31-352 incorporates the entire section as if it were set out in full in the power of attorney.

(3) A principal may modify authority incorporated by reference.
Mont. Code Ann. § 72-15-208 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-208
72-15-208 Power of court to require additional report or bond
Status: in_force

72-15-208 . Power of court to require additional report or bond. The court or judge may, at any time, require the public administrator to report the amount of money and property of any estate in the public administrator's hands and may require the public administrator at any time to file an additional bond or bonds.
Mont. Code Ann. § 72-5-616 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-616
72-5-616 Appropriate forum
Status: in_force

72-5-616 . Appropriate forum. (1) A court of this state having jurisdiction under 72-5-613 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

(2) If a court of this state declines to exercise its jurisdiction under subsection (1), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.

(3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

(a) any expressed preference of the respondent;

(b) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;

(c) the length of time the respondent was physically present in or was a legal resident of this or another state;

(d) the distance of the respondent from the court in each state;

(e) the financial circumstances of the respondent's estate;

(f) the nature and location of the evidence;

(g) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

(h) the familiarity of the court of each state with the facts and issues in the proceeding; and

(i) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Mont. Code Ann. § 72-3-201 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-201
72-3-201 Applications to be verified
Status: in_force

72-3-201 . Applications to be verified. Applications for informal probate or informal appointment must be directed to the clerk and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the information required by 72-3-202 through 72-3-205 . By verifying an application for informal probate or informal appointment, the applicant submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the application, or for perjury, that may be instituted against the applicant.
Mont. Code Ann. § 72-38-501 — MT Code / Title 72 / Chapter 38 / Part 5 / Section 72-38-501
72-38-501 Rights of beneficiary's creditor or assignee
Status: in_force

72-38-501 . Rights of beneficiary's creditor or assignee. To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to the relief that is appropriate under the circumstances.
Mont. Code Ann. § 72-17-301 — MT Code / Title 72 / Chapter 17 / Part 3 / Section 72-17-301
72-17-301 Rights and duties at death
Status: in_force

72-17-301 . Rights and duties at death. (1) Subject to 72-17-202 and 72-17-218 , the rights of a donee created by an anatomical gift are superior to rights of others under 72-17-214 (1), except with respect to autopsies. A donee may accept or reject an anatomical gift. If the donee accepts an anatomical gift of the entire body, the donee, subject to the terms of the gift and this chapter, may allow embalming, burial, or cremation and the use of the body in funeral services. If the anatomical gift is of a part of the body, the donee, upon the death of the donor and before embalming, burial, or cremation shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the person under obligation to dispose of the body.

(2) The time of death must be determined by a physician or surgeon who attends the donor at death or, if none, the physician, surgeon, or coroner who certifies the death. Neither the physician or surgeon who attends the donor at death nor the physician, surgeon, or coroner who determines the time of death may participate in the procedures for removing or transplanting a part unless the document of gift designates a particular physician or surgeon pursuant to 72-17-201 (5).

(3) Unless prohibited by law other than this chapter, at any time after a donor's death, the person to which a part passes under 72-17-202 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.

(4) Unless prohibited by law other than this chapter, an examination under 72-17-213 (2)(c) or subsection (3) of this section may include an examination of all medical and dental records of the donor or prospective donor.

(5) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

(6) Upon referral by a hospital under 72-17-213 (2), a procurement organization shall make a reasonable search for any person listed in 72-17-214 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.

(7) If there has been an anatomical gift, a technician may remove any donated parts and an enucleator may remove any donated eyes or parts of eyes after determination of death by a physician or surgeon.
Mont. Code Ann. § 72-6-407 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-407
72-6-407 Capacity of transferor
Status: in_force

72-6-407 . Capacity of transferor. The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
Mont. Code Ann. § 72-2-712 — MT Code / Title 72 / Chapter 2 / Part 7 / Section 72-2-712
72-2-712 Requirement of survival by 120 hours
Status: in_force

72-2-712 . Requirement of survival by 120 hours. (1) For the purposes of chapters 1 through 5, except as provided in subsection (4), an individual who is not established by clear and convincing evidence to have survived an event, including the death of another individual, by 120 hours is deemed to have predeceased the event.

(2) Except as provided in subsection (4), for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established by clear and convincing evidence to have survived the event by 120 hours is deemed to have predeceased the event.

(3) (a) Except as provided in subsection (4), if:

(i) it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by 120 hours, one-half of the property passes as if one had survived by 120 hours and one-half as if the other had survived by 120 hours; and

(ii) there are more than two co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by 120 hours, the property passes in the proportion that one bears to the whole number of co-owners.

(b) For the purposes of this subsection (3), "co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one or more to the whole of the property or account on the death of the other or others.

(4) Survival by 120 hours is not required if:

(a) the governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case;

(b) the governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event by a specified period. However, survival of the event or the specified period must be established by clear and convincing evidence.

(c) the imposition of a 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to fail to qualify for validity under 72-2-1002 (1)(a), (2)(a), or (3)(a) or to become invalid under 72-2-1002 (1)(b), (2)(b), or (3)(b); however, survival must be established by clear and convincing evidence; or

(d) the application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition. However, survival must be established by clear and convincing evidence.

(5) (a) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument who, under this section, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the beneficiary's apparent entitlement under the terms of the governing instrument, before the payor or other third party received written notice of a claimed lack of entitlement under this section. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed lack of entitlement under this section.

(b) Written notice of a claimed lack of entitlement under subsection (5)(a) must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of a claimed lack of entitlement under this section, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate or, if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under this section, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.

(6) (a) A person who purchases property for value and without notice or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation is neither obligated under this section to return the payment, item of property, or benefit nor liable under this section for the amount of the payment or the value of the item of property or benefit. However, a person who, not for value, receives a payment, item of property, or other benefit to which the person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this section.

(b) If this section or any part of this section is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this section, a person who, not for value, receives the payment, item of property, or other benefit to which the person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this section or part of this section not preempted.
Mont. Code Ann. § 72-5-233 — MT Code / Title 72 / Chapter 5 / Part 2 / Section 72-5-233
72-5-233 Termination of appointment -- how effected -- certain liabilities and obligations not affected
Status: in_force

72-5-233 . Termination of appointment -- how effected -- certain liabilities and obligations not affected. (1) A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor's death, except as provided in subsection (2), adoption, marriage, or attainment of majority, but termination does not affect a guardian's liability for prior acts or a guardian's obligation to account for funds and assets of the guardian's ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.

(2) The guardian's authority and responsibility for a minor who dies while the minor is a ward of the guardian terminates when the guardian has completed arrangements for the final disposition of the ward's physical remains and personal effects as provided in 72-5-231 (5).
Mont. Code Ann. § 72-34-453 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-453
72-34-453 Adjustments between principal and income in certain cases
Status: in_force

72-34-453 . Adjustments between principal and income in certain cases. (1) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries that arise from any of the following:

(a) elections and decisions, other than those described in subsection (2), that the fiduciary makes from time to time regarding tax matters;

(b) an income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or

(c) the ownership by a decedent's estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust, or a beneficiary.

(2) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes and as a result estate taxes paid from principal are increased and income taxes paid by a decedent's estate, trust, or beneficiary are decreased, each estate, trust, or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust, or beneficiary whose income taxes are reduced must be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income.
Mont. Code Ann. § 72-26-603 — MT Code / Title 72 / Chapter 26 / Part 6 / Section 72-26-603
72-26-603 Manner of creating custodial property and effecting transfer -- designation of initial custodian -- control
Status: in_force

72-26-603 . Manner of creating custodial property and effecting transfer -- designation of initial custodian -- control. (1) Custodial property is created and a transfer is made whenever:

(a) an uncertificated security or a certificated security in registered form is either:

(i) registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ........ (name of minor) under the Montana Uniform Transfers to Minors Act"; or

(ii) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (2);

(b) money is paid or delivered or a security held in the name of a broker, financial institution, or its nominee is transferred to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ........ (name of minor) under the Montana Uniform Transfers to Minors Act";

(c) the ownership of a life or endowment insurance policy or annuity contract is either:

(i) registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ........ (name of minor) under the Montana Uniform Transfers to Minors Act"; or

(ii) assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: "as custodian for ........ (name of minor) under the Montana Uniform Transfers to Minors Act";

(d) an irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: "as custodian for ........ (name of minor) under the Montana Uniform Transfers to Minors Act";

(e) an interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ........ (name of minor) under the Montana Uniform Transfers to Minors Act";

(f) a certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either:

(i) issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ........ (name of minor) under the Montana Uniform Transfers to Minors Act"; or

(ii) delivered to an adult other than the transferor or to a trust company, endorsed to that person, followed in substance by the words: "as custodian for ........ (name of minor) under the Montana Uniform Transfers to Minors Act"; or

(g) an interest in any property not described in subsections (1)(a) through (1)(f) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (2).

(2) An instrument in the following form satisfies the requirements of subsections (1)(a)(ii) and (1)(g):

"TRANSFER UNDER THE MONTANA UNIFORM TRANSFERS TO MINORS ACT

I, ........ (name of transferor or name and representative capacity if a fiduciary), hereby transfer to ........ (name of custodian), as custodian for ........ (name of minor) under the Montana Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it).

Dated: ..............

...........................

(Signature)

........ (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the Montana Uniform Transfers to Minors Act.

Dated: ..............

...........................

(Signature of Custodian)"

(3) A transferor shall place the custodian in control of the custodial property as soon as practicable.
Mont. Code Ann. § 72-38-213 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-213
72-38-213 Petitioners -- grounds for petition
Status: in_force

72-38-213 . Petitioners -- grounds for petition. (1) Except as provided in 72-38-603 , a trustee or beneficiary of a trust may petition the court under this chapter concerning the internal affairs of the trust or to determine the existence of the trust.

(2) Proceedings concerning the internal affairs of a trust include but are not limited to proceedings for any of the following purposes:

(a) determining questions of construction of a trust instrument;

(b) determining the existence or nonexistence of any immunity, power, privilege, duty, or right;

(c) determining the validity of a trust provision;

(d) ascertaining beneficiaries and determining to whom property must pass or be delivered upon final or partial termination of the trust, to the extent the determination is not made by the trust instrument;

(e) settling the accounts and passing upon the acts of the trustee, including the exercise of discretionary powers;

(f) instructing the trustee;

(g) compelling the trustee to provide information about the trust or submit a report to a qualified beneficiary if:

(i) the trustee has failed to provide information or submit a requested report within 60 days after written request of the qualified beneficiary; and

(ii) in the case of a report, no report has been made within 6 months preceding the request;

(h) granting powers to the trustee;

(i) fixing or allowing payment of the trustee's compensation;

(j) appointing or removing a trustee;

(k) accepting the resignation of a trustee;

(l) compelling redress of a breach of the trust by any available remedy;

(m) approving or directing the modification or termination of the trust;

(n) approving or directing the combination or division of trusts;

(o) amending or conforming the trust instrument in the manner required to qualify a decedent's estate for the charitable estate tax deduction under federal law, including the addition of mandatory governing instrument requirements for a charitable remainder trust as required by final regulations and rulings of the United States Internal Revenue Service, in any case in which all parties interested in the trust have submitted written agreement to the proposed changes or written disclaimer of interest;

(p) authorizing or directing transfer of a trust or trust property to or from another jurisdiction;

(q) directing transfer of a testamentary trust subject to continuing court jurisdiction from one county to another;

(r) approving removal of a testamentary trust from continuing court jurisdiction; or

(s) reforming or excusing compliance with the governing instrument of an organization pursuant to 72-38-825 .
Mont. Code Ann. § 72-3-619 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-619
72-3-619 Powers of personal representatives in general
Status: in_force

72-3-619 . Powers of personal representatives in general. (1) Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court.

(2) A personal representative has access to and authority over a digital asset of the decedent to the extent provided by the Revised Uniform Fiduciary Access to Digital Assets Act or by order of court.
Mont. Code Ann. § 72-7-603 — MT Code / Title 72 / Chapter 7 / Part 6 / Section 72-7-603
72-7-603 Application to existing relationships
Status: in_force

72-7-603 . Application to existing relationships. (1) Except as otherwise provided in this act, on and after October 1, 2015:

(a) this act applies to a power of appointment created before, on, or after October 1, 2015;

(b) this act applies to a judicial proceeding concerning a power of appointment commenced on or after October 1, 2015;

(c) this act applies to a judicial proceeding concerning a power of appointment commenced before October 1, 2015, unless the court finds that application of a particular provision of this act would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this act does not apply and the superseded law applies;

(d) a rule of construction or presumption provided in this act applies to an instrument executed before October 1, 2015, unless there is a clear indication of a contrary intent in the terms of the instrument; and

(e) except as otherwise provided in subsections (1)(a) through (1)(d), an action done before October 1, 2015, is not affected by this act.

(2) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than this act before October 1, 2015, the law continues to apply to the right.
Mont. Code Ann. § 72-3-503 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-503
72-3-503 Objection to appointment
Status: in_force

72-3-503 . Objection to appointment. (1) An objection to an appointment can be made only in formal proceedings.

(2) In case of objection the priorities stated in 72-3-502 apply, except that:

(a) if the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of creditors, may appoint any qualified person;

(b) in case of objection to appointment of a person other than one whose priority is determined by will by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value or, in default of this accord, any suitable person.
Mont. Code Ann. § 72-38-407 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-407
72-38-407 Statute of frauds
Status: in_force

72-38-407 . Statute of frauds. A trust is not valid unless evidenced by one of the following methods:

(1) by a written instrument signed by the trustee or by the trustee's agent if authorized in writing to do so;

(2) by a written instrument signed by the settlor or by the settlor's agent if authorized in writing to do so; or

(3) by operation of law.
Mont. Code Ann. § 72-5-223 — MT Code / Title 72 / Chapter 5 / Part 2 / Section 72-5-223
72-5-223 Guardian of minor by court appointment -- qualifications -- nominee of minor preferred
Status: in_force

72-5-223 . Guardian of minor by court appointment -- qualifications -- nominee of minor preferred. The court may appoint as guardian any person whose appointment would be in the best interests of the minor, including the minor's interest in continuity of care. The court shall appoint a person nominated by the minor if the minor is 14 years of age or older unless the court finds the appointment contrary to the best interests of the minor.
Mont. Code Ann. § 72-31-365 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-365
72-31-365 Uniformity of application and construction
Status: in_force

72-31-365 . Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Mont. Code Ann. § 72-3-304 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-304
72-3-304 Effect of formal proceeding on power of informally appointed personal representative
Status: in_force

72-3-304 . Effect of formal proceeding on power of informally appointed personal representative. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, shall refrain from exercising the personal representative's power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of that office and requesting the appointment of a special administrator. In the absence of a request or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
Mont. Code Ann. § 72-2-833 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-833
72-2-833 Relation to electronic signatures in global and national commerce act
Status: in_force

72-2-833 . Relation to electronic signatures in global and national commerce act. Sections 72-2-817 through 72-2-833 modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) but do not modify, limit, or supersede section 101(c) of that act (15 U.S.C. 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. 7003(b)).
Mont. Code Ann. § 72-5-319 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-319
72-5-319 Contents of petition for appointment of guardian
Status: in_force

72-5-319 . Contents of petition for appointment of guardian. (1) The petition for appointment of a guardian must contain:

(a) the name, residence, and mailing address of the petitioner, the petitioner's relationship to the alleged incapacitated person, and the petitioner's interest in the matter;

(b) the name, residence, and mailing address of the alleged incapacitated person;

(c) the nature and degree of the alleged incapacity;

(d) if the petition in any way affects the management of the property of the alleged incapacitated person, the approximate value and description of the property, including any compensation, pension, insurance, or allowance to which the person may be entitled;

(e) whether there is, in any state, a full guardian or limited guardian for the person or estate of the incapacitated person or a conservator of the person's property;

(f) the name, residence, and mailing address of the person whom the petitioner seeks to have appointed guardian;

(g) the names, residences, and nature of relationship, so far as is known or can reasonably be ascertained, of the persons most closely related by blood or marriage to the alleged incapacitated person;

(h) the name and residence of the person or institution having the care and custody of the alleged incapacitated person;

(i) the reasons why the appointment of a guardian is sought, including:

(i) any less restrictive alternatives for meeting the alleged incapacitated person's needs that have been implemented or, if no less restrictive alternatives have been implemented, the reason why; and

(ii) the reason why a less restrictive alternative is insufficient to meet the alleged incapacitated person's needs;

(j) whether a limited guardianship or full guardianship is requested;

(k) the facts supporting the allegations of incapacity and the need for a guardian;

(l) the specific areas of protection and assistance requested and the limitation of rights requested to be included in the order of appointment;

(m) in the case of a petition for limited guardianship, the particular powers and areas of authority that the petition seeks to have vested in the limited guardian as provided in 72-5-320 and the term for which the limited guardianship is requested;

(n) in the case of a petition for full guardianship, the length of time the guardianship is expected to last.

(2) The petition may also include a request for temporary guardianship as provided in 72-5-317 if the petitioner believes that the requisites of that section are met and that the appointment of a temporary guardian, pending the completion of guardianship proceedings, is necessary to protect the welfare of the alleged incapacitated person. The facts requiring appointment of a temporary guardian must be stated with specificity.
Mont. Code Ann. § 72-5-421 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-421
72-5-421 Powers of court as to property and affairs of protected persons generally -- temporary conservatorship
Status: in_force

72-5-421 . Powers of court as to property and affairs of protected persons generally -- temporary conservatorship. The court has the following powers that may be exercised directly or through a conservator in respect to the estate and affairs of protected persons:

(1) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and without notice to others, the court has power to preserve and apply the property of the person to be protected as may be required for the protected person's benefit or the benefit of the protected person's dependents. If the court finds that the welfare of the person requires immediate action, it may, with or without notice, appoint a temporary conservator for the person for a specified period not to exceed 6 months. The court may designate the authority of the temporary conservator, depending on the needs and circumstances of the protected person. The court may not invest a temporary conservator with more powers than are required by the circumstances necessitating the appointment. The order of appointment of a temporary conservator must state the specific powers and duties of the temporary conservator.

(2) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a minor without other disability, the court has all those powers over the estate and affairs of the minor that are or might be necessary for the best interests of the minor, the minor's family, and members of the minor's household.

(3) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court has, for the benefit of the person and members of the person's household, all the powers over the person's estate and affairs that the person could exercise if present and not under disability, except the power to make a will. These powers include but are not limited to the power to:

(a) make gifts;

(b) convey or release the person's contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety;

(c) exercise or release the person's powers as trustee, personal representative, custodian for minors, conservator, or donee of a power of appointment;

(d) enter into contracts;

(e) create revocable or irrevocable trusts of property of the estate that may extend beyond the person's disability or life;

(f) exercise options of the disabled person to purchase securities or other property;

(g) exercise the person's rights to elect options and change beneficiaries under insurance and annuity policies and surrender the policies for their cash value;

(h) exercise the person's right to an elective share in the estate of the person's deceased spouse and renounce any interest by testate or intestate succession or by inter vivos transfer.

(4) The court may exercise or direct the exercise of its authority to exercise or release powers of appointment of which the protected person is donee, to renounce interests, to make gifts in trust or otherwise exceeding 20% of any year's income of the estate, or to change beneficiaries under insurance and annuity policies, only if satisfied, after notice and hearing, that it is in the best interests of the protected person and that the protected person either is incapable of consenting or has consented to the proposed exercise of power.

(5) An order made pursuant to this section, determining that a basis for appointment of a conservator or other protective order exists, has no effect on the capacity of the protected person.
Mont. Code Ann. § 72-17-218 — MT Code / Title 72 / Chapter 17 / Part 2 / Section 72-17-218
72-17-218 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner, medical examiner, or county attorney
Status: in_force

72-17-218 . Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner, medical examiner, or county attorney. (1) Upon request of a procurement organization, a county coroner, medical examiner, or associate medical examiner shall release to the procurement organization the name, contact information, and available medical history of a decedent whose body is under the jurisdiction of the coroner or medical examiner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the coroner or medical examiner shall release postmortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the coroner or medical examiner only if relevant to transplantation or therapy.

(2) For the purpose of expediting an anatomical gift, the coroner or medical examiner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the coroner's or medical examiner's jurisdiction and that the coroner or medical examiner determines may be relevant to the investigation.

(3) A person that has any information requested by a coroner or medical examiner pursuant to subsection (2) shall provide that information as expeditiously as possible to allow the coroner or medical examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.

(4) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of a coroner or medical examiner and a postmortem examination is not required or if the coroner or medical examiner determines that a postmortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner or medical examiner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education.

(5) If an anatomical gift of a part from the decedent under the jurisdiction of a coroner, medical examiner, or county attorney has been or might be made but the coroner, medical examiner, or county attorney initially believes that the recovery of the part could interfere with the postmortem investigation into the decedent's cause or manner of death, the collection of evidence, or the description, documentation, or interpretation of injuries on the body, the coroner, medical examiner, or county attorney may consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. After consultation, the coroner, medical examiner, or county attorney may allow the recovery.

(6) If the coroner, medical examiner, county attorney, or designee denies recovery, the person denying recovery shall:

(a) explain in a record the specific reasons for not allowing recovery of the part;

(b) include the specific reasons in the records of the coroner or medical examiner; and

(c) provide a record with the specific reasons to the procurement organization.

(7) If a coroner, medical examiner, county attorney, or designee allows recovery of a part under subsection (4) or (5), the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the requester with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the postmortem examination.
Mont. Code Ann. § 72-3-813 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-813
72-3-813 Execution and levies prohibited
Status: in_force

72-3-813 . Execution and levies prohibited. No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal property in an appropriate proceeding.
Mont. Code Ann. § 72-6-111 — MT Code / Title 72 / Chapter 6 / Part 1 / Section 72-6-111
72-6-111 Nonprobate transfers on death
Status: in_force

72-6-111 . Nonprobate transfers on death. (1) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, transfer on death deed, as defined in 72-6-402 , marital property agreement, beneficiary designation, as provided in 61-3-226 , or other written instrument of a similar nature is nontestamentary. This subsection includes a written provision that:

(a) money or other benefits due to, controlled by, or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument or later;

(b) money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or

(c) any property controlled by or owned by the decedent before death that is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument or later.

(2) This section does not limit rights of creditors under other laws of this state.
Mont. Code Ann. § 72-26-802 — MT Code / Title 72 / Chapter 26 / Part 8 / Section 72-26-802
72-26-802 Accounting by and determination of liability of custodian
Status: in_force

72-26-802 . Accounting by and determination of liability of custodian. (1) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court:

(a) for an accounting by the custodian or the custodian's legal representative; or

(b) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under 72-26-706 to which the minor or the minor's legal representative was a party.

(2) A successor custodian may petition the court for an accounting by the predecessor custodian.

(3) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.

(4) If a custodian is removed under 72-26-801 (6), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
Mont. Code Ann. § 72-5-501 — MT Code / Title 72 / Chapter 5 / Part 5 / Section 72-5-501
72-5-501 When health care power of attorney not affected by disability
Status: in_force

72-5-501 . When health care power of attorney not affected by disability. (1) A durable health care power of attorney is a power of attorney by which a principal designates another as the principal's attorney-in-fact or agent in writing and the writing contains the words, "This health care power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time" or "This health care power of attorney becomes effective upon the disability or incapacity of the principal" or similar words showing the intent of the principal that the authority conferred must be exercisable notwithstanding the principal's subsequent disability or incapacity and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.

(2) If a guardian is appointed for the principal, the attorney-in-fact or agent, during the continuance of the appointment, is accountable to the guardian as well as the principal. The guardian has the same power to revoke or amend the health care power of attorney that the principal would have had if the principal were not disabled or incapacitated. A principal may nominate, by a durable health care power of attorney, the guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are later commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable health care power of attorney except for good cause or disqualification.
Mont. Code Ann. § 72-1-209 — MT Code / Title 72 / Chapter 1 / Part 2 / Section 72-1-209
72-1-209 Appeals
Status: in_force

72-1-209 . Appeals. Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by the statutes and rules applicable to the appeals to the supreme court.
Mont. Code Ann. § 72-31-318 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-318
72-31-318 Agent's acceptance
Status: in_force

72-31-318 . Agent's acceptance. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
Mont. Code Ann. § 72-31-310 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-310
72-31-310 Termination of power of attorney or agent's authority
Status: in_force

72-31-310 . Termination of power of attorney or agent's authority. (1) A power of attorney terminates when:

(a) the principal dies;

(b) the principal becomes incapacitated if the power of attorney is not durable;

(c) the principal revokes the power of attorney;

(d) the power of attorney provides that it terminates;

(e) the purpose of the power of attorney is accomplished; or

(f) the principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns and the power of attorney does not provide for another agent to act under the power of attorney.

(2) An agent's authority terminates when:

(a) the principal revokes the authority;

(b) the agent dies, becomes incapacitated, or resigns;

(c) an action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation unless the power of attorney otherwise provides; or

(d) the power of attorney terminates.

(3) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (2), notwithstanding a lapse of time since the execution of the power of attorney.

(4) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

(5) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
Mont. Code Ann. § 72-3-1011 — MT Code / Title 72 / Chapter 3 / Part 10 / Section 72-3-1011
72-3-1011 Limitation on actions against personal representative
Status: in_force

72-3-1011 . Limitation on actions against personal representative. Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within 6 months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.
Mont. Code Ann. § 72-3-114 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-114
72-3-114 Conflicting claim as to domicile in another state
Status: in_force

72-3-114 . Conflicting claim as to domicile in another state. If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss, or permit suitable amendment in the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the proceeding in this state.
Mont. Code Ann. § 72-38-305 — MT Code / Title 72 / Chapter 38 / Part 3 / Section 72-38-305
72-38-305 Appointment of representative
Status: in_force

72-38-305 . Appointment of representative. (1) If the court determines that an interest is not represented under this part or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.

(2) A representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.

(3) In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.
Mont. Code Ann. § 72-2-233 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-233
72-2-233 Composition of the augmented estate
Status: in_force

72-2-233 . Composition of the augmented estate. (1) Subject to 72-2-238 , the value of the augmented estate, to the extent provided in 72-2-234 through 72-2-237 , consists of the sum of the values of all property, whether real or personal; movable or immovable, tangible or intangible, wherever situated, that constitute:

(a) the decedent's net probate estate;

(b) the decedent's nonprobate transfers to others;

(c) the decedent's nonprobate transfers to the surviving spouse; and

(d) the surviving spouse's property and nonprobate transfers to others.

(2) The value of the marital-property portion of the augmented estate consists of the sum of the values of the four components of the augmented estate as determined under subsection (1) multiplied by the following percentage:

If the decedent and the spouse The percentage is: were married to each other: Less than 1 year 3% 1 year but less than 2 years 6% 2 years but less than 3 years 12% 3 years but less than 4 years 18% 4 years but less than 5 years 24% 5 years but less than 6 years 30% 6 years but less than 7 years 36% 7 years but less than 8 years 42% 8 years but less than 9 years 48% 9 years but less than 10 years 54% 10 years but less than 11 years 60% 11 years but less than 12 years 68% 12 years but less than 13 years 76% 13 years but less than 14 years 84% 14 years but less than 15 years 92% 15 years or more 100%
Mont. Code Ann. § 72-9-102 — MT Code / Title 72 / Chapter 9 / Part 1 / Section 72-9-102
72-9-102 Application
Status: in_force

72-9-102 . Application. This part applies to the disposition at death of the following property acquired by a married person:

(1) (a) all personal property, wherever situated, that was acquired as or became and remained community property under the laws of another jurisdiction; and

(b) all or the proportionate part of that property acquired with the rents, issues, or income of, the proceeds from, or in exchange for that community property; or

(c) property traceable to that community property; or

(2) all or the proportionate part of any real property situated in this state that was acquired with the rents, issues, or income of, the proceeds from, or in exchange for property acquired as or which became and remained community property under the laws of another jurisdiction, or property traceable to that community property.
Mont. Code Ann. § 72-5-617 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-617
72-5-617 Jurisdiction declined by reason of conduct
Status: in_force

72-5-617 . Jurisdiction declined by reason of conduct. (1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:

(a) decline to exercise jurisdiction;

(b) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or

(c) continue to exercise jurisdiction after considering:

(i) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;

(ii) whether it is a more appropriate forum than the court of any other state under the factors set forth in 72-5-616 (3); and

(iii) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of 72-5-613 .

(2) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this part.
Mont. Code Ann. § 72-15-301 — MT Code / Title 72 / Chapter 15 / Part 3 / Section 72-15-301
72-15-301 Compensation of public administrator
Status: in_force

72-15-301 . Compensation of public administrator. (1) The public administrator must receive and shall collect for the administrator's own use as full compensation for services under this chapter, the amount provided for in 72-3-631 .

(2) When the public administrator is appointed conservator of the estate of a protected person pursuant to chapter 5, part 4, of this title, the court may order that a reasonable sum be deducted from payments due to the protected person or from the protected person's estate to be paid to the public administrator as full compensation for the public administrator's services, excluding court costs and attorney fees. The total sum deducted as compensation for the public administrator may not be less than $100.
Mont. Code Ann. § 72-31-327 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-327
72-31-327 Laws applicable to financial institutions and entities
Status: in_force

72-31-327 . Laws applicable to financial institutions and entities. This part does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this part.
Mont. Code Ann. § 72-3-914 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-914
72-3-914 Partition for purpose of distribution
Status: in_force

72-3-914 . Partition for purpose of distribution. When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court, prior to the formal or informal closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party.
Mont. Code Ann. § 72-1-310 — MT Code / Title 72 / Chapter 1 / Part 3 / Section 72-1-310
72-1-310 Permitted pleadings -- verification required
Status: in_force

72-1-310 . Permitted pleadings -- verification required. (1) The following pleadings are permitted in probate proceedings:

(a) an application, petition, report, or account filed pursuant to this title; and

(b) an objection or response filed pursuant to this title to an application, petition, report, or account.

(2) Except as provided in 25-4-203 regarding verification by an agent or attorney, the verification must be made as follows:

(a) An application must be verified by the applicant or, if there are two or more parties joining the application, by any one of the applicants.

(b) A petition must be verified by the petitioner or, if there are two or more parties joining the petition, by any one of the petitioners.

(c) A report or account must be verified by the person who has the duty to make the report or account or, if there are two or more persons having a duty to make the report or account, by any one of the persons having the duty.

(d) An objection or response must be verified by the objector or respondent or, if there are two or more parties joining in the objection or response, by any one of the objectors or respondents.
Mont. Code Ann. § 72-2-232 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-232
72-2-232 Elective share
Status: in_force

72-2-232 . Elective share. (1) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to 50% of the value of the marital-property portion of the augmented estate.

(2) If the sum of the amounts described in 72-2-237 and 72-2-239 (1)(a), and that part of the elective-share amount payable from the decedent's net probate estate and nonprobate transfers to others under 72-2-239 (3) and (4) is less than $75,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $75,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's net probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in 72-2-239 (3) and (4).

(3) 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.

(4) The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death.
Mont. Code Ann. § 72-3-111 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-111
72-3-111 Exclusive jurisdiction of court -- binding nature of orders after notice
Status: in_force

72-3-111 . Exclusive jurisdiction of court -- binding nature of orders after notice. (1) The district court has exclusive jurisdiction of all probate matters.

(2) In proceedings within the exclusive jurisdiction of the court where notice is required by this code or by rule, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this state by notice in conformity with 72-1-301 . An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified.
Mont. Code Ann. § 72-38-816 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-816
72-38-816 Specific powers of trustee
Status: in_force

72-38-816 . Specific powers of trustee. Without limiting the authority conferred by 72-38-815 , a trustee may:

(1) collect trust property and accept or reject additions to the trust property from a settlor or any other person;

(2) acquire or sell property, for cash or on credit, at public or private sale;

(3) exchange, partition, or otherwise change the character of trust property;

(4) deposit trust money in an account in a regulated financial-service institution;

(5) borrow money, with or without security, and mortgage or pledge trust property for a period within or extending beyond the duration of the trust;

(6) with respect to an interest in a proprietorship, partnership, limited liability company, business trust, corporation, or other form of business or enterprise, continue the business or other enterprise and take any action that may be taken by shareholders, members, or property owners, including merging, dissolving, or otherwise changing the form of business organization or contributing additional capital;

(7) with respect to stocks or other securities, exercise the rights of an absolute owner, including the right to:

(a) vote or give proxies to vote, with or without power of substitution, or enter into or continue a voting trust agreement;

(b) hold a security in the name of a nominee or in other form without disclosure of the trust so that title may pass by delivery;

(c) pay calls, assessments, and other sums chargeable or accruing against the securities and sell or exercise stock subscription or conversion rights; and

(d) deposit the securities with a depositary or other regulated financial-service institution;

(8) with respect to an interest in real property, construct or make ordinary or extraordinary repairs to, alterations to, or improvements in, buildings or other structures, demolish improvements, raze existing or erect new party walls or buildings, subdivide or develop land, dedicate land to public use or grant public or private easements, and make or vacate plats and adjust boundaries;

(9) enter into a lease for any purpose as lessor or lessee, including a lease or other arrangement for exploration and removal of natural resources, with or without the option to purchase or renew, for a period within or extending beyond the duration of the trust;

(10) grant an option involving a sale, lease, or other disposition of trust property or acquire an option for the acquisition of property, including an option exercisable beyond the duration of the trust, and exercise an option so acquired;

(11) insure the property of the trust against damage or loss and insure the trustee, the trustee's agents, and beneficiaries against liability arising from the administration of the trust;

(12) abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration;

(13) with respect to possible liability for violation of environmental law:

(a) inspect or investigate property the trustee holds or has been asked to hold, or property owned or operated by an organization in which the trustee holds or has been asked to hold an interest, for the purpose of determining the application of environmental law with respect to the property;

(b) take action to prevent, abate, or otherwise remedy any actual or potential violation of any environmental law affecting property held directly or indirectly by the trustee, whether taken before or after the assertion of a claim or the initiation of governmental enforcement;

(c) decline to accept property into trust or disclaim any power with respect to property that is or may be burdened with liability for violation of environmental law;

(d) compromise claims against the trust that may be asserted for an alleged violation of environmental law; and

(e) pay the expense of any inspection, review, abatement, or remedial action to comply with environmental law;

(14) pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to the trust;

(15) pay taxes, assessments, compensation of the trustee and of employees and agents of the trust, and other expenses incurred in the administration of the trust;

(16) exercise elections with respect to federal, state, and local taxes;

(17) select a mode of payment under any employee benefit or retirement plan, annuity, or life insurance payable to the trustee, exercise rights thereunder, including exercise of the right to indemnification for expenses and against liabilities, and take appropriate action to collect the proceeds;

(18) make loans out of trust property, including loans to a beneficiary on terms and conditions the trustee considers to be fair and reasonable under the circumstances, and assert a lien on future distributions for repayment of those loans;

(19) pledge trust property to guarantee loans made by others to the beneficiary;

(20) appoint a trustee to act in another jurisdiction with respect to trust property located in the other jurisdiction, confer upon the appointed trustee all of the powers and duties of the appointing trustee, require that the appointed trustee furnish security, and remove any trustee so appointed;

(21) pay an amount distributable to a beneficiary who is under a legal disability, or who the trustee reasonably believes is incapacitated, by paying it directly to the beneficiary or applying it for the beneficiary's benefit or by:

(a) paying it to the beneficiary's conservator or, if the beneficiary does not have a conservator, the beneficiary's guardian;

(b) paying it to the beneficiary's custodian named under the Uniform Transfers to Minors Act or to a custodial trustee pursuant to the laws of any state and, for that purpose, creating a custodianship or custodial trust;

(c) if the trustee does not know of a conservator, guardian, custodian, or custodial trustee, paying it to an adult relative or other person having legal or physical care or custody of the beneficiary, to be expended on the beneficiary's behalf; or

(d) managing it as a separate fund on the beneficiary's behalf, subject to the beneficiary's continuing right to withdraw the distribution;

(22) on distribution of trust property or the division or termination of a trust, make distributions in divided or undivided interests, allocate particular assets in proportionate or disproportionate shares, value the trust property for those purposes, and adjust for resulting differences in valuation;

(23) resolve a dispute concerning the interpretation of the trust or its administration by mediation, arbitration, or other procedure for alternative dispute resolution;

(24) prosecute or defend an action, claim, or judicial proceeding in any jurisdiction to protect trust property and the trustee in the performance of the trustee's duties;

(25) sign and deliver contracts and other instruments that are useful to achieve or facilitate the exercise of the trustee's powers; and

(26) on termination of the trust, exercise the powers appropriate to wind up the administration of the trust and distribute the trust property to the persons entitled to it.
Mont. Code Ann. § 72-1-104 — MT Code / Title 72 / Chapter 1 / Part 1 / Section 72-1-104
72-1-104 Supplementary general principles of law applicable
Status: in_force

72-1-104 . Supplementary general principles of law applicable. Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions.
Mont. Code Ann. § 72-2-824 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-824
72-2-824 Disclaimer of interest by trustee
Status: in_force

72-2-824 . Disclaimer of interest by trustee. If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
Mont. Code Ann. § 72-15-109 — MT Code / Title 72 / Chapter 15 / Part 1 / Section 72-15-109
72-15-109 Order to examine person in possession or charged with misappropriation of estate
Status: in_force

72-15-109 . Order to examine person in possession or charged with misappropriation of estate. When the public administrator complains to the district court or a judge of the district court, on oath, that any person has concealed, committed theft of, or disposed of or has in the person's possession any money, goods, property, or effects that the administrator is entitled to possess in the administrator's official capacity, the court or judge may cite the person to appear and may examine the person on oath concerning the matter of the complaint.
Mont. Code Ann. § 72-2-1007 — MT Code / Title 72 / Chapter 2 / Part 10 / Section 72-2-1007
72-2-1007 Uniformity of application and construction
Status: in_force

72-2-1007 . Uniformity of application and construction. This part must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among the states enacting it.
Mont. Code Ann. § 72-5-318 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-318
72-5-318 Request for notice -- interested person
Status: in_force

72-5-318 . Request for notice -- interested person. (1) An interested person who desires to be notified before any order is made in a guardianship proceeding may file with the clerk a request for notice upon payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the guardian if one has been appointed.

(2) A request is not effective unless it contains a statement showing the interest of the person making it and the person's address or that of the person's attorney and is effective only as to matters occurring after the filing. Any governmental agency paying or planning to pay benefits to the alleged incapacitated person is an interested person in guardianship proceedings.
Mont. Code Ann. § 72-3-213 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-213
72-3-213 Rules for grant or denial of informal probate
Status: in_force

72-3-213 . Rules for grant or denial of informal probate. (1) A will that appears to have the required signatures and that contains an attestation clause showing that requirements of execution under 72-2-522 or 72-2-526 have been met must be probated without further proof. In other cases the clerk may assume execution if the will appears to be properly executed or may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.

(2) The application must be denied if it indicates that a personal representative has been appointed in another county of this state or, except as provided in subsection (3), if it appears that this or another will of the decedent has been the subject of a previous probate order.

(3) Informal probate of a will that has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated.

(4) A will from a place that does not provide for probate of a will after death and that is not eligible for probate under 72-3-212 may be probated in this state upon receipt by the clerk of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.

(5) Application for informal probate that relates to one or more of a known series of testamentary instruments (other than a will and one or more codicils to the will), the latest of which does not expressly revoke the earlier, must be declined.
Mont. Code Ann. § 72-5-425 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-425
72-5-425 Title by appointment as conservator -- appointment not transfer for certain purposes
Status: in_force

72-5-425 . Title by appointment as conservator -- appointment not transfer for certain purposes. (1) The appointment of a conservator vests in the conservator title as trustee to all property of the protected person presently held or thereafter acquired, including title to any property previously held for the protected person by custodians or attorneys-in-fact.

(2) The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will, or trust instrument imposing restrictions upon or penalties for transfer or alienation by the protected person of the protected person's rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator.
Mont. Code Ann. § 72-38-221 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-221
72-38-221 Enforcement of beneficiary's rights under charitable trust by attorney general
Status: in_force

72-38-221 . Enforcement of beneficiary's rights under charitable trust by attorney general. In a case involving a charitable trust subject to the jurisdiction of the attorney general, the attorney general may petition under this chapter.
Mont. Code Ann. § 72-3-512 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-512
72-3-512 Qualification -- filing of bond and statement of acceptance
Status: in_force

72-3-512 . Qualification -- filing of bond and statement of acceptance. Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.
Mont. Code Ann. § 72-5-325 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-325
72-5-325 Petition for removal or resignation of guardian -- termination of incapacity -- appointment of successor guardian
Status: in_force

72-5-325 . Petition for removal or resignation of guardian -- termination of incapacity -- appointment of successor guardian. (1) On petition of the ward or any person interested in the ward's welfare, the court, after hearing, may remove a guardian if in the best interests of the ward. On petition of the guardian, the court, after hearing, may accept a resignation.

(2) An order adjudicating incapacity may specify a minimum period, not exceeding 6 months, during which a petition for an adjudication that the ward is no longer incapacitated may not be filed without special leave. Subject to that restriction, the ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court, and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court.

(3) Upon removal, resignation, or death of the guardian or if the guardian is determined to be incapacitated, the court may appoint a successor guardian and make any other appropriate order. Before appointing a successor guardian or ordering that a ward's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the ward that apply to a petition for appointment of a guardian.
Mont. Code Ann. § 72-34-424 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-424
72-34-424 Adjustments between principal and income
Status: in_force

72-34-424 . Adjustments between principal and income. (1) Subject to subsection (2), a trustee may make an adjustment between principal and income to the extent the trustee considers necessary if all of the following conditions are satisfied:

(a) the trustee invests and manages trust assets under the prudent investor rule under 72-38-901 ;

(b) the trust describes the amount that must or may be distributed to a beneficiary by referring to the trust's income; and

(c) the trustee determines, after applying the rules in 72-34-423 (1) and considering any power the trustee may have under the trust to invade principal or accumulate income, that the trustee is unable to comply with 72-34-423 (2).

(2) A trustee may not make an adjustment between principal and income in any of the following circumstances:

(a) when it would diminish the income interest in a trust:

(i) that requires all of the income to be paid at least annually to a spouse; and

(ii) for which, if the trustee did not have the power to make the adjustment, an estate tax or gift tax marital deduction would be allowed, in whole or in part;

(b) when it would reduce the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion;

(c) when it would change the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets;

(d) when it would be made from any amount that is permanently set aside for charitable purposes under a will or trust, unless both income and principal are set aside;

(e) when possessing or exercising the power to make an adjustment would cause an individual to be treated as the owner of all or part of the trust for income tax purposes and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment;

(f) when possessing or exercising the power to make an adjustment would cause all or part of the trust assets to be included for estate tax purposes in the estate of an individual who has the power to remove a trustee or appoint a trustee, or both, and the assets would not be included in the estate of the individual if the trustee did not possess the power to make an adjustment; or

(g) when the trustee is a beneficiary of the trust.

(3) If subsection (2)(e), (2)(f), or (2)(g) of this section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is not permitted by the trust.

(4) A trustee may release the entire power conferred by subsection (1) or may release only the power to adjust from income to principal or the power to adjust from principal to income in either of the following circumstances:

(a) if the trustee is uncertain about whether possessing or exercising the power will cause a result described in subsections (2)(a) through (2)(f); or

(b) if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (2).

(5) A release under subsection (4) may be permanent or for a specified period, including a period measured by the life of an individual.

(6) A trust that limits the power of a trustee to make an adjustment between principal and income does not affect the application of this section unless it is clear from the trust that it is intended to deny the trustee the power of adjustment provided by subsection (1).

(7) In deciding whether and to what extent to exercise the power to make adjustments under this section, the trustee may consider, but is not limited to considering, any of the following:

(a) the nature, purpose, and expected duration of the trust;

(b) the intent of the settlor;

(c) the identity and circumstances of the beneficiaries;

(d) the needs for liquidity, regularity of income, and preservation and appreciation of capital;

(e) the assets held in the trust, the extent to which the assets consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real property, the extent to which an asset is used by a beneficiary, and whether an asset was purchased by the trustee or received from the settlor;

(f) the net amount allocated to income under other statutes and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available;

(g) whether and to what extent the trust gives the trustee the power to invade principal or accumulate income or prohibits the trustee from invading principal or accumulating income and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income;

(h) the actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation; or

(i) the anticipated tax consequences of an adjustment.

(8) Nothing in this part or this section is intended to create or imply a duty to make an adjustment, and a trustee is not liable for not considering whether to make an adjustment or for choosing not to make an adjustment.
Mont. Code Ann. § 72-6-402 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-402
72-6-402 Definitions
Status: in_force

72-6-402 . Definitions. As used in this part, the following definitions apply:

(1) "Beneficiary" means a person that receives property under a transfer on death deed.

(2) "Designated beneficiary" means a person designated to receive property in a transfer on death deed.

(3) "Joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant. The term does not include a tenant in common.

(4) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(5) "Property" means an interest in real property located in this state which is transferable on the death of the owner.

(6) "Transfer on death deed" means a deed authorized under this part.

(7) "Transferor" means an individual who makes a transfer on death deed.
Mont. Code Ann. § 72-16-502 — MT Code / Title 72 / Chapter 16 / Part 5 / Section 72-16-502
72-16-502 Definition of decedent
Status: in_force

72-16-502 . Definition of decedent. For the purposes of this part, a decedent is one who dies leaving no property that requires the appointment of a personal representative and who:

(1) was the owner of a life estate that terminated at death; or

(2) was the owner of property with another or others as a joint tenant with right of survivorship and not as a tenant in common.
Mont. Code Ann. § 72-16-1002 — MT Code / Title 72 / Chapter 16 / Part 10 / Section 72-16-1002
72-16-1002 Imposition of tax
Status: in_force

72-16-1002 . Imposition of tax. (1) A tax is imposed on each generation-skipping transfer, other than a direct skip, occurring at the same time and as a result of the death of an individual, in an amount equal to the maximum federal credit allowable under section 2604, Internal Revenue Code.

(2) If any of the property transferred is real property in another state or personal property located in another state that requires the payment of a tax for which credit is received against the federal generation-skipping transfer tax, the tax due under subsection (1) must be reduced by an amount that bears the same ratio to the total state tax credit allowable for federal generation-skipping transfer tax purposes as the value of the property taxable in the other state bears to the value of the gross generation-skipping transfer for federal generation-skipping transfer tax purposes.
Mont. Code Ann. § 72-16-612 — MT Code / Title 72 / Chapter 16 / Part 6 / Section 72-16-612
72-16-612 Action by foreign representative to recover apportioned tax
Status: in_force

72-16-612 . Action by foreign representative to recover apportioned tax. A personal representative acting in another state or a person required to pay the tax domiciled in another state may institute an action in the courts of this state and may recover a proportionate amount of the federal estate tax, of an estate tax payable to another state, or of a death duty due by a decedent's estate to another state from a person interested in the estate who is either domiciled in this state or who owns property in this state subject to attachment or execution. For the purposes of the action, the determination of apportionment by the court having jurisdiction of the administration of the decedent's estate in the other state is prima facie correct.
Mont. Code Ann. § 72-3-614 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-614
72-3-614 Power to recover property that is subject of void or voidable transfer
Status: in_force

72-3-614 . Power to recover property that is subject of void or voidable transfer. The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means that is in law void or voidable as against the decedent's creditors, and subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.
Mont. Code Ann. § 72-26-502 — MT Code / Title 72 / Chapter 26 / Part 5 / Section 72-26-502
72-26-502 Definitions
Status: in_force

72-26-502 . Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Adult" means an individual who has attained the age of 21 years.

(2) "Benefit plan" means an employer's plan for the benefit of an employee or partner.

(3) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.

(4) "Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.

(5) "Court" means district court.

(6) "Custodial property" means:

(a) any interest in property transferred to a custodian under this chapter; and

(b) the income from and proceeds of that interest in property.

(7) "Custodian" means a person so designated under 72-26-603 or a successor or substitute custodian designated under 72-26-801 .

(8) "Financial institution" means a bank, trust company, savings institution, or credit union chartered and supervised under state or federal law.

(9) "Legal representative" means an individual's personal representative or conservator.

(10) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.

(11) "Minor" means an individual who has not attained the age of 21 years.

(12) "Person" means an individual, corporation, organization, or other legal entity.

(13) "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.

(14) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

(15) "Transfer" means a transaction that creates custodial property under 72-26-603 .

(16) "Transferor" means a person who makes a transfer under this chapter.

(17) "Trust company" means a financial institution, corporation, or other legal entity authorized to exercise general trust powers.
Mont. Code Ann. § 72-16-903 — MT Code / Title 72 / Chapter 16 / Part 9 / Section 72-16-903
72-16-903 Taxable situs of property
Status: in_force

72-16-903 . Taxable situs of property. For the purpose of the estate tax, the following have taxable situs in this state:

(1) real property located in this state;

(2) tangible personal property located in this state; and

(3) intangible personal property owned by a resident regardless of where it is located.
Mont. Code Ann. § 72-38-1111 — MT Code / Title 72 / Chapter 38 / Part 11 / Section 72-38-1111
72-38-1111 Effects on real property transactions
Status: in_force

72-38-1111 . Effects on real property transactions. (1) This section relates only to conveyances of real property to or from a trust and supplements but does not modify other substantive provisions of Title 72, chapter 38, relating to the creation or validity of trusts.

(2) Except as otherwise provided in Title 72, chapter 38, a conveyance of real property to a trustee designated as such in the conveyance vests the whole estate conveyed in the trustee, subject only to the trustee's duties. The beneficiaries of the trust take no estate or interest in the real property, but may determine or enforce the terms of the trust as provided in Title 72, chapter 38.

(3) An instrument creating or amending a trust need not be recorded, but may be recorded if properly acknowledged.

(4) If there is no clear reference to or designation of a grantee as trustee in a conveyance or in a separately recorded instrument recorded in the same county as the conveyance and describing the same property as described in the conveyance, the conveyance must be considered to be absolute to the grantee, in favor of purchasers or encumbrancers from the grantee, who were without actual knowledge and who acted for a valuable consideration, despite any valid trust that may exist.

(5) Unless limitations upon a trustee's power or authority are set forth in the recorded conveyance of real property to the trustee or in a separate trust instrument, portion of a separate trust instrument, or abstract of a separate trust instrument recorded in the same county, there are no limitations upon the trustee's power or authority to convey or encumber the real property in favor of third persons who were without actual knowledge and who acted for a valuable consideration. A separate trust instrument incorporated by reference in a conveyance to a trustee may not limit the trustee's power or authority to convey or encumber unless the limitations are set forth in the trust instrument, portion of a trust instrument, or abstract of a trust instrument that is also recorded in the county where the real property is located. An amendment to a recorded trust instrument may not affect the power or authority of a trustee to convey or encumber unless it is also recorded in the same place.

(6) A subsequent conveyance from a person designated in the original conveyance as trustee or from the successor trustee conveys the whole estate vested in the trustee, except as limited by the terms of the conveyance. The identity of a successor trustee may be established by a recorded affidavit of the successor trustee specifying the successor trustee's name and address and the date and circumstances of succession and confirming that the successor trustee is currently lawfully serving in that capacity.

(7) In an action or proceeding by a third person involving the real property granted to a trustee, the person designated as trustee in the original conveyance, or the successor trustee as established in subsection (6), or, if none, the person then actually serving as trustee, or, if none, any beneficiary designated by the court to represent the interests of the beneficiaries is considered the only necessary representative of the trust and of all persons with an interest in the trust. A judgment is binding upon and conclusive against the trust and all persons interested in the trust as to all matters finally adjudicated in the judgment.

(8) The designation of the name of a trust in a recorded conveyance vests the estate in the trustee of the trust. A subsequent conveyance may be made by the trustee. The identity of a party serving as trustee may be established by a recorded affidavit of the party or by another recorded instrument specifying the trustee's name and address and confirming that the party is currently serving as the trustee.
Mont. Code Ann. § 72-3-516 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-516
72-3-516 Terms of bond -- liability of surety
Status: in_force

72-3-516 . Terms of bond -- liability of surety. (1) The following requirements and provisions apply to any bond required by this part:

(a) Bonds must name the state as obligee for the benefit of the persons interested in the estate and must be conditioned upon the faithful discharge by the fiduciary of all duties according to law.

(b) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties must be stated in the bond.

(c) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court that issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding must be delivered to the surety or mailed to the surety by certified mail at the surety's address as listed with the court where the bond is filed and to the surety's address as then known to the petitioner.

(d) On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.

(e) The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.

(2) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
Mont. Code Ann. § 72-5-430 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-430
72-5-430 Enlargement or limitation of powers of conservator by court
Status: in_force

72-5-430 . Enlargement or limitation of powers of conservator by court. (1) Subject to the restrictions in 72-5-421 (4), the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on the conservator by 72-5-427 , 72-5-428 , and 72-5-429 , any power that the court itself could exercise under 72-5-421 (2) and (3).

(2) The court may, at the time of appointment or later, limit the powers of a conservator conferred by the court and may at any time relieve the conservator of any limitation. If the court limits any power conferred on the conservator by 72-5-427 , 72-5-428 , or 72-5-429 , the limitation must be endorsed upon the conservator's letters of appointment.
Mont. Code Ann. § 72-2-119 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-119
72-2-119 Advancements
Status: in_force

72-2-119 . Advancements. (1) If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if:

(a) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or

(b) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.

(2) For purposes of subsection (1), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.

(3) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.
Mont. Code Ann. § 72-39-216 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-216
72-39-216 Duration of second trust
Status: in_force

72-39-216 . Duration of second trust. (1) Subject to subsection (2), a second trust may have a duration that is the same as or different from the duration of the first trust.

(2) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation, which apply to property of the first trust.
Mont. Code Ann. § 72-2-125 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-125
72-2-125 Parent barred from inheriting in certain circumstances
Status: in_force

72-2-125 . Parent barred from inheriting in certain circumstances. (1) A parent is barred from inheriting from or through a child of the parent if:

(a) the parent's parental rights were terminated and the parent-child relationship was not judicially reestablished; or

(b) the child died before reaching 18 years of age and there is clear and convincing evidence that immediately before the child's death the parental rights of the parent could have been terminated under law of this state other than this code on the basis of nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child.

(2) For the purpose of intestate succession from or through the deceased child, a parent who is barred from inheriting under this section is treated as if the parent predeceased the child.
Mont. Code Ann. § 72-5-304 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-304
72-5-304 Objection by alleged incapacitated person to testamentary appointment
Status: in_force

72-5-304 . Objection by alleged incapacitated person to testamentary appointment. Upon the filing in the court in which the will was probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present, of written objection to the appointment by the incapacitated person for whom a parental or spousal appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the parental or spousal nominee or any other suitable person upon an adjudication of incapacity in proceedings under 72-5-305 , 72-5-306 , 72-5-311 through 72-5-322 , 72-5-324 , and 72-5-325 .
Mont. Code Ann. § 72-38-1003 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1003
72-38-1003 Damages in absence of breach
Status: in_force

72-38-1003 . Damages in absence of breach. (1) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.

(2) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
Mont. Code Ann. § 72-6-311 — MT Code / Title 72 / Chapter 6 / Part 3 / Section 72-6-311
72-6-311 Application of part
Status: in_force

72-6-311 . Application of part. This part applies to registrations of securities in beneficiary form made before or after October 1, 1993, by decedents dying on or after October 1, 1993.
Mont. Code Ann. § 72-31-342 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-342
72-31-342 Commodities and options
Status: in_force

72-31-342 . Commodities and options. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:

(1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and

(2) establish, continue, modify, and terminate option accounts.
Mont. Code Ann. § 72-2-244 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-244
72-2-244 Protection of payors and other third parties
Status: in_force

72-2-244 . Protection of payors and other third parties. (1) Although under 72-2-235 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice from the surviving spouse or spouse's representative of an intention to file a petition for the elective share or that a petition for the elective share has been filed. A payor or other third party is liable only for actions taken 2 or more business days after the payor or other third party received written notice of an intention to file a petition for the elective share or that a petition for the elective share has been filed. The written notice must indicate the name of the decedent, the date of the decedent's death, the name of the person asserting an interest, the nature of the payment or item of property or other benefit, and a statement that the spouse intends to file a petition for the elective share or that a petition for the elective share has been filed. Any form of service of notice other than that described in subsection (2) is not sufficient to impose liability on a payor or other third party for actions taken pursuant to the governing instrument.

(2) The written notice must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Notice to a sales representative of the payor or other third party does not constitute notice to the payor or other third party. Upon receipt of written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate or, if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The availability of an action under this section does not prevent the payor or other third party from taking any other action authorized by law or the governing instrument. If probate proceedings have not been commenced, the payor or other third party shall file with the court a copy of the written notice received by the payor or other third party, with the payment of funds or transfer or deposit of property. The court may not charge a filing fee to the payor or other third party for the payment, transfer, or deposit. The court shall hold the funds or item of property and, upon its determination under 72-2-241 (4), shall order disbursement in accordance with the determination. If no petition is filed in the court within the specified time under 72-2-241 (1) or, if filed, the demand for an elective share is withdrawn under 72-2-241 (3), the court shall order disbursement to the designated beneficiary. A filing fee, if any, may, in the discretion of the court, be charged upon disbursement either to the recipient or against the funds or property on deposit with the court. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims under the governing instrument or applicable law for the value of amounts paid to or items of property transferred to or deposited with the court.

(3) Upon petition to the probate court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with this section.
Mont. Code Ann. § 72-3-1015 — MT Code / Title 72 / Chapter 3 / Part 10 / Section 72-3-1015
72-3-1015 Estate to be closed within two years
Status: in_force

72-3-1015 . Estate to be closed within two years. (1) If an estate has not been closed within 2 years from the date of appointment of the personal representative, the supreme court administrator shall notify the district judge. The judge shall order the personal representative and the personal representative's attorney to appear before the court and show cause why the estate has not been closed.

(2) If, after the show cause hearing, the judge determines that good cause does not exist for failure to close the estate, the judge may make an order directing that the estate be closed within 30 days and that the personal representative and the personal representative's attorney may not receive a fee or other compensation from the estate.
Mont. Code Ann. § 72-31-345 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-345
72-31-345 Insurance and annuities
Status: in_force

72-31-345 . Insurance and annuities. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:

(1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;

(2) procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents and select the amount, type of insurance or annuity, and mode of payment;

(3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;

(4) apply for and receive a loan secured by a contract of insurance or annuity;

(5) surrender and receive the cash surrender value on a contract of insurance or annuity;

(6) exercise an election;

(7) exercise investment power available under a contract of insurance or annuity;

(8) change the manner of paying premiums on a contract of insurance or annuity;

(9) change or convert the type of insurance or annuity with respect to which the principal has or claims to have a power described in this section;

(10) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;

(11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity; and

(12) pay from proceeds or otherwise, compromise or contest, and apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
Mont. Code Ann. § 72-3-605 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-605
72-3-605 Personal representative to proceed without court order -- power to invoke jurisdiction
Status: in_force

72-3-605 . Personal representative to proceed without court order -- power to invoke jurisdiction. A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified under this code or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate or its administration.
Mont. Code Ann. § 72-3-506 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-506
72-3-506 Priority of domiciliary personal representative
Status: in_force

72-3-506 . Priority of domiciliary personal representative. A personal representative appointed by a court of the decedent's domicile has priority over all other persons, except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the same priority as the domiciliary personal representative.
Mont. Code Ann. § 72-39-222 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-222
72-39-222 Later-discovered property
Status: in_force

72-39-222 . Later-discovered property. (1) Except as otherwise provided in subsection (3), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts.

(2) Except as otherwise provided in subsection (3), if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.

(3) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power.
Mont. Code Ann. § 72-26-504 — MT Code / Title 72 / Chapter 26 / Part 5 / Section 72-26-504
72-26-504 Applicability
Status: repealed

72-26-504 . Applicability. This chapter applies to a transfer within the scope of 72-26-503 made after October 1, 1985, if:

(1) the transfer purports to have been made under the provisions of Title 72, chapter 26, parts 1 through 4 (repealed by section 25, Chapter 102, Laws of 1985);

(2) the instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this chapter is necessary to validate the transfer.
Mont. Code Ann. § 72-3-624 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-624
72-3-624 Powers of remaining corepresentative
Status: in_force

72-3-624 . Powers of remaining corepresentative. Unless the terms of the will otherwise provide, every power exercisable by personal corepresentatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as coexecutors is not appointed, those appointed may exercise all the powers incident to the office.
Mont. Code Ann. § 72-5-317 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-317
72-5-317 Temporary guardians
Status: in_force

72-5-317 . Temporary guardians. (1) If an incapacitated person has no guardian and an emergency exists, the court may exercise the power of a guardian pending notice and hearing.

(2) If an appointed guardian is not effectively performing the guardian's duties or if there is no appointed guardian and the court further finds that the welfare of the incapacitated person requires immediate action, it may, with or without notice, appoint a temporary guardian for the incapacitated person for a specified period not to exceed 6 months. The court may appoint either a full or a limited temporary guardian depending on the needs and circumstances of the incapacitated person. The court may not invest a temporary guardian with more powers than are required by the circumstances necessitating the appointment. The order of appointment of a temporary guardian must state whether a full or limited temporary guardianship is being created and, in the case of a limited temporary guardian, the specific powers and duties of the limited temporary guardian.

(3) If there is no person available and willing to act as temporary guardian for an incapacitated person who is in need of a temporary guardian except a person or entity who is ineligible to act as guardian pursuant to the provisions of 72-5-312 (4), the court may appoint as temporary guardian a person or entity who would otherwise be ineligible under that provision to act as guardian. This subsection does not permit the appointment of a person or entity who has an actual conflict of interest in regard to the purpose for which the temporary guardianship is sought. A temporary guardian who is otherwise ineligible shall serve until a person or entity who is not ineligible to serve as guardian and who is otherwise qualified to be guardian is appointed by the court to act as temporary guardian, but the temporary guardian may not serve for longer than 6 months.

(4) A temporary full guardian is entitled to the care and custody of the ward, and the authority of any permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority. A temporary limited guardian is entitled to exercise powers that are specifically granted to the temporary guardian in the order of appointment, and the power of any permanent guardian previously appointed by the court to exercise those powers is suspended so long as the temporary limited guardian has authority. The court by specific order may suspend all authority of the permanent guardian upon appointment of a temporary limited guardian. A temporary guardian may be removed at any time. A temporary guardian shall make any report the court requires. In other respects, the provisions of this code concerning guardians apply to temporary guardians.
Mont. Code Ann. § 72-38-803 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-803
72-38-803 Impartiality
Status: in_force

72-38-803 . Impartiality. If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.
Mont. Code Ann. § 72-3-1005 — MT Code / Title 72 / Chapter 3 / Part 10 / Section 72-3-1005
72-3-1005 Final accounting required to close estate
Status: in_force

72-3-1005 . Final accounting required to close estate. (1) Before an estate may be finally closed and the personal representative relieved of duties and obligations, the personal representative shall either file with the court or deliver to all interested persons an accounting under oath showing the amount of money received and expended by the personal representative, the amount of all claims presented against the estate, and the names of the claimants and all other matters necessary to show the state of its affairs.

(2) Any interested person at any time during the course of the administration of an estate may for good cause shown require further accountings.

(3) If the personal representative is the sole residual beneficiary of the estate, an accounting need not be made.
Mont. Code Ann. § 72-5-320 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-320
72-5-320 Purposes for establishment of limited guardianship
Status: in_force

72-5-320 . Purposes for establishment of limited guardianship. A petition seeking the establishment of a limited guardianship must specify the particular powers that the limited guardian is proposed to exercise and the particular areas of protection and assistance required. The purposes for which a limited guardian may be appointed include:

(1) to care for and maintain the alleged incapacitated person;

(2) to assert and protect the rights and best interests of the alleged incapacitated person;

(3) to provide timely and informed consent to necessary medical procedures and procedures implemented in connection with habilitation and training programs;

(4) to assist in the acquisition of necessary training, habilitation, and education for the incapacitated person;

(5) to exercise any other powers, duties, or limitations in regard to the care of the incapacitated person or the management of the person's property that the petition explicitly specifies, which may not be greater than the powers a full guardian may exercise.
Mont. Code Ann. § 72-30-209 — MT Code / Title 72 / Chapter 30 / Part 2 / Section 72-30-209
72-30-209 Appropriation for expenditure or accumulation of endowment fund -- rules of construction
Status: in_force

72-30-209 . Appropriation for expenditure or accumulation of endowment fund -- rules of construction. (1) Subject to the intent of a donor expressed in the gift instrument or instrument of donor intent and to subsection (4), an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument or instrument of donor intent, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall, in addition to considering the gift instrument or instrument of donor intent, consider, if relevant, the following factors:

(a) the duration and preservation of the endowment fund;

(b) the purposes of the institution and the endowment fund;

(c) general economic conditions;

(d) the possible effect of inflation or deflation;

(e) the expected total return from income and the appreciation of investments;

(f) other resources of the institution; and

(g) the investment policy of the institution.

(2) To limit the authority to appropriate for expenditure or accumulate under subsection (1), a gift instrument or instrument of donor intent must specifically state the limitation.

(3) Terms in a gift instrument or instrument of donor intent designating a gift as an endowment or a direction or authorization in the gift instrument or instrument of donor intent to use only "income", "interest", "dividends", or "rents, issues, or profits" or "to preserve the principal intact" or words of similar import:

(a) create an endowment fund of permanent duration unless other language in the gift instrument or instrument of donor intent limits the duration or purpose of the fund; and

(b) do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (1).

(4) The appropriation for expenditure in any year of an amount greater than 7% of the fair market value of an endowment fund, calculated on the basis of market values determined at least quarterly and averaged over a period of not less than 3 years immediately preceding the year in which the appropriation for expenditure was made, creates a rebuttable presumption of imprudence. For an endowment fund in existence for fewer than 3 years, the fair market value of the endowment fund must be calculated for the period the endowment fund has been in existence. This subsection does not:

(a) apply to an appropriation for expenditure permitted under law other than this chapter or by the gift instrument or instrument of donor intent; or

(b) create a presumption of prudence for an appropriation for expenditure of an amount less than or equal to 7% of the fair market value of the endowment fund.
Mont. Code Ann. § 72-3-221 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-221
72-3-221 Informal appointment -- notice requirements
Status: in_force

72-3-221 . Informal appointment -- notice requirements. (1) The moving party shall give notice, as described by 72-1-301 , of the party's intention to seek an appointment informally:

(a) to any person demanding it pursuant to 72-3-106 ; and

(b) to any person having a prior or equal right to appointment not waived in writing and filed with the court.

(2) No other notice of an informal appointment proceeding is required.
Mont. Code Ann. § 72-7-302 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-302
72-7-302 Intent to exercise -- determining intent from residuary clause
Status: in_force

72-7-302 . Intent to exercise -- determining intent from residuary clause. (1) In this section:

(a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.

(b) "Will" includes a codicil and a testamentary instrument that revises another will.

(2) A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust manifests the powerholder's intent to exercise a power of appointment only if:

(a) the terms of the instrument containing the residuary clause do not manifest a contrary intent;

(b) the power is a general power exercisable in favor of the powerholder's estate;

(c) there is no gift-in-default clause or the clause is ineffective; and

(d) the powerholder did not release the power.
Mont. Code Ann. § 72-16-909 — MT Code / Title 72 / Chapter 16 / Part 9 / Section 72-16-909
72-16-909 When and where tax payable -- interest
Status: in_force

72-16-909 . When and where tax payable -- interest. (1) The estate tax is payable to the department of revenue.

(2) If the tax is not paid within 18 months of the death of the decedent, interest must be charged and collected at the rate of 10% a year from the time that the tax accrued, unless because of claims made upon the estate, necessary litigation, or other unavoidable cause of delay, the tax is not determined and paid on time. Interest at the rate of 6% must be charged upon the amount of tax due from the time of accrual until the cause of the delay is removed, and after that time, interest at the rate of 10% must be charged.

(3) Litigation to defeat the payment of the tax is not necessary litigation.

(4) When permission has been granted to defer payment of tax under 72-16-910 , interest must be charged at the rate of 6% after 1 year from the date of death until the date of payment.
Mont. Code Ann. § 72-31-413 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-413
72-31-413 Disclosure of digital assets to conservator of protected person
Status: in_force

72-31-413 . Disclosure of digital assets to conservator of protected person. (1) After an opportunity for a hearing under 72-5-408 , the court may grant a conservator access to the digital assets of a protected person.

(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:

(a) a written request for disclosure in physical or electronic form;

(b) a certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and

(c) if requested by the custodian:

(i) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or

(ii) evidence linking the account to the protected person.

(3) A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.
Mont. Code Ann. § 72-38-134 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-134
72-38-134 Procedures not required
Status: in_force

72-38-134 . Procedures not required. Sections 72-38-130 through 72-38-134 do not require a trustee to use these procedures prior to taking any action or deciding not to act.
Mont. Code Ann. § 72-5-439 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-439
72-5-439 Payment of debt and delivery of property to foreign conservator without local proceedings
Status: in_force

72-5-439 . Payment of debt and delivery of property to foreign conservator without local proceedings. (1) A person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other fiduciary appointed by a court of the state or residence of the protected person upon being presented with proof of the conservator's, guardian's, or fiduciary's appointment and an affidavit made by the conservator, guardian, or fiduciary or on the conservator's, guardian's, or fiduciary's behalf stating that:

(a) no protective proceeding relating to the protected person is pending in this state; and

(b) the foreign conservator is entitled to payment or to receive delivery.

(2) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
Mont. Code Ann. § 72-5-602 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-602
72-5-602 Definitions
Status: in_force

72-5-602 . Definitions. In this part, the following definitions apply:

(1) "Adult" means an individual who has attained 18 years of age.

(2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under 53-20-141 , 53-21-141 , or Title 72, chapter 5, part 4.

(3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Title 72, chapter 5, part 3.

(4) "Guardianship order" means an order appointing a guardian.

(5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.

(6) "Incapacitated person" means an adult for whom a guardian has been appointed.

(7) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.

(8) "Person", except in the term incapacitated person or protected person, means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(9) "Protected person" means an adult for whom a protective order has been issued.

(10) "Protective order" means an order appointing a conservator or other order related to management of an adult's property.

(11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.

(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.

(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
Mont. Code Ann. § 72-38-1011 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1011
72-38-1011 Interest as general partner
Status: in_force

72-38-1011 . Interest as general partner. (1) Unless personal liability is imposed in the contract, a trustee who in the trustee's fiduciary capacity holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the Montana Uniform Partnership Act or the Montana Uniform Limited Partnership Act. The addition of the phrase "trustee" or "as trustee" or a similar designation to the signature of a trustee on a written contract is satisfactory disclosure of the fiduciary capacity.

(2) A trustee who, in the trustee's fiduciary capacity, holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest, but this does not affect the liability of the trustee for the trustee's own negligence, wrongful act, or misconduct.

(3) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
Mont. Code Ann. § 72-40-113 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-113
72-40-113 Duty and liability of directed trustee
Status: in_force

72-40-113 . Duty and liability of directed trustee. (1) Subject to subsection (2), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under 72-40-110 (2)(a), and the trustee is not liable for the action.

(2) A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under 72-40-110 (2)(a) to the extent that by complying the trustee would engage in willful misconduct.

(3) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:

(a) the breach involved the trustee's or other director's willful misconduct;

(b) the release was induced by improper conduct of the trustee or other director in procuring the release; or

(c) at the time of the release, the director did not know the material facts relating to the breach.

(4) A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions.

(5) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
Mont. Code Ann. § 72-3-603 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-603
72-3-603 Notice of appointment to heirs and devisees
Status: in_force

72-3-603 . Notice of appointment to heirs and devisees. (1) Not later than 30 days after appointment, every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information must be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate.

(2) (a) The information must:

(i) include the name and address of the personal representative;

(ii) indicate that it is being sent to persons who have or may have some interest in the estate being administered;

(iii) indicate whether bond has been filed; and

(iv) describe the court where papers relating to the estate are on file.

(b) The information must state that the estate is being administered by the personal representative under the Uniform Probate Code without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative and may petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.

(3) The personal representative's failure to give this information is a breach of the personal representative's duty to the persons concerned but does not affect the validity of the personal representative's appointment, powers, or other duties.

(4) A personal representative may inform other persons of the appointment by delivery or ordinary first-class mail.
Mont. Code Ann. § 72-38-811 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-811
72-38-811 Enforcement and defense claims
Status: in_force

72-38-811 . Enforcement and defense claims. A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
Mont. Code Ann. § 72-34-445 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-445
72-34-445 Increasing income in order to maintain marital deduction
Status: in_force

72-34-445 . Increasing income in order to maintain marital deduction. (1) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets and if the amounts that the trustee transfers from principal to income under 72-34-424 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income or convert it into productive property or exercise the power under 72-34-424 (1) within a reasonable time. The trustee may decide which action or combination of actions to take.

(2) In cases not governed by subsection (1), proceeds from the sale or other disposition of a trust asset are principal without regard to the amount of income the asset produces during any accounting period.
Mont. Code Ann. § 72-34-431 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-431
72-34-431 Allocation of income receipt or disbursement
Status: in_force

72-34-431 . Allocation of income receipt or disbursement. (1) A trustee shall allocate an income receipt or disbursement other than one to which 72-34-428 (1) applies to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest.

(2) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement must be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins must be allocated to principal, and the balance must be allocated to income.

(3) An item of income or an obligation is due on the date the payer is required to make a payment. If a payment date is not stated, there is no due date for the purposes of this part. Distributions to shareholders or other owners from an entity to which 72-34-433 applies are considered to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that must be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals.
Mont. Code Ann. § 72-2-831 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-831
72-2-831 Recording of disclaimer
Status: in_force

72-2-831 . Recording of disclaimer. If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Except as otherwise provided in 72-2-828 (7)(b), failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
Mont. Code Ann. § 72-31-344 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-344
72-31-344 Operation of entity or business
Status: in_force

72-31-344 . Operation of entity or business. Subject to the terms of a document or an agreement governing an entity or an entity ownership interest and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to:

(1) operate, buy, sell, enlarge, reduce, and terminate an ownership interest;

(2) perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege, or option that the principal has, may have, or claims to have;

(3) enforce the terms of an ownership agreement;

(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest;

(5) exercise in person or by proxy or enforce, by litigation or otherwise, a right, power, privilege, or option the principal has or claims to have as the holder of stocks and bonds;

(6) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds;

(7) with respect to an entity or business owned solely by the principal:

(a) continue, modify, renegotiate, extend, and terminate a contract made by or with respect to the entity or business before execution of the power of attorney;

(b) determine:

(i) the location of its operation;

(ii) the nature and extent of its business;

(iii) the methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation;

(iv) the amount and types of insurance carried; and

(v) the mode of engaging, compensating, and dealing with its employees, accountants, attorneys, or other advisors;

(c) change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and

(d) demand and receive money due or claimed by the principal or on the principal's behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business;

(8) put additional capital into an entity or business in which the principal has an interest;

(9) join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business;

(10) sell or liquidate all or part of an entity or business;

(11) establish the value of an entity or business under a buyout agreement to which the principal is a party;

(12) prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and

(13) pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.
Mont. Code Ann. § 72-17-303 — MT Code / Title 72 / Chapter 17 / Part 3 / Section 72-17-303
72-17-303 False acts concerning document of gift -- penalty
Status: in_force

72-17-303 . False acts concerning document of gift -- penalty. Any person that knowingly falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal in order to obtain a financial gain commits a felony and upon conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 5 years, or both.
Mont. Code Ann. § 72-31-347 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-347
72-31-347 Claims and litigation
Status: in_force

72-31-347 . Claims and litigation. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:

(1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;

(2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;

(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;

(4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;

(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;

(6) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, and receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;

(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value;

(8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and

(9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
Mont. Code Ann. § 72-14-102 — MT Code / Title 72 / Chapter 14 / Part 1 / Section 72-14-102
72-14-102 When title to escheated property vests in state
Status: in_force

72-14-102 . When title to escheated property vests in state. (1) Whenever the title to any property, either real or personal or mixed, fails for any reason, including want of heirs or next of kin, the title vests in the state of Montana immediately upon the death of the owner without an inquest or other similar proceeding and there is no presumption that the owner died leaving heirs or next of kin.

(2) This chapter does not apply to any rural electric or telephone cooperative organized under Title 35, chapter 18, if the board of trustees of the cooperative has acted to retain patronage refunds that are made by the cooperative to a member or former member and that remain unclaimed for 5 years.
Mont. Code Ann. § 72-39-212 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-212
72-39-212 Change in compensation
Status: in_force

72-39-212 . Change in compensation. (1) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless:

(a) all qualified beneficiaries of the second trust consent to the increase in a signed record; or

(b) the increase is approved by the court.

(2) If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary may not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by the Montana Uniform Trust Code unless:

(a) all qualified beneficiaries of the second trust consent to the increase in a signed record; or

(b) the increase is approved by the court.

(3) A change in an authorized fiduciary's compensation that is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary's compensation for purposes of subsections (1) and (2).
Mont. Code Ann. § 72-3-604 — MT Code / Title 72 / Chapter 3 / Part 6 / Section 72-3-604
72-3-604 Standing to sue
Status: in_force

72-3-604 . Standing to sue. Except as to proceedings that do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.
Mont. Code Ann. § 72-6-418 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-418
72-6-418 Severability
Status: in_force

72-6-418 . Severability. If any provision of this code or the application of this code to any person or circumstances is held invalid, the invalidity may not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.
Mont. Code Ann. § 72-3-915 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-915
72-3-915 Private agreements among successors as to distribution -- testamentary trustee as successor
Status: in_force

72-3-915 . Private agreements among successors as to distribution -- testamentary trustee as successor. (1) Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent or under the laws of intestacy in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to the obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of the personal representative's office for the benefit of any successors of the decedent who are not parties.

(2) Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. This section does not relieve trustees of any duties owed to beneficiaries of trusts.
Mont. Code Ann. § 72-38-106 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-106
72-38-106 Common law of trusts -- principles of equity
Status: in_force

72-38-106 . Common law of trusts -- principles of equity. The common law of trusts and principles of equity supplement this chapter except to the extent modified by this chapter or another statute of this state.
Mont. Code Ann. § 72-16-906 — MT Code / Title 72 / Chapter 16 / Part 9 / Section 72-16-906
72-16-906 Required filing of United States estate tax return
Status: in_force

72-16-906 . Required filing of United States estate tax return. The personal representative or domiciliary foreign personal representative of the estate of any decedent who died prior to January 1, 2005, and whose estate is required to file a United States estate tax return shall file a duplicate of the United States estate tax return with the department of revenue.
Mont. Code Ann. § 72-3-223 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-223
72-3-223 Rules for denial of informal appointment
Status: in_force

72-3-223 . Rules for denial of informal appointment. (1) Unless 72-3-523 controls, the application must be denied if it indicates:

(a) that a personal representative who has not filed a written statement of resignation, as provided in 72-3-525 , has been appointed in this or another county of this state;

(b) that, unless the applicant is the domiciliary personal representative or the domiciliary personal representative's nominee, the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or

(c) that other requirements of 72-3-222 have not been met.

(2) If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument that may relate to property subject to the laws of this state and that is not filed for probate in this court, the clerk shall decline the application.
Mont. Code Ann. § 72-40-122 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-122
72-40-122 Relation to electronic signatures in global and national commerce act
Status: in_force

72-40-122 . Relation to electronic signatures in global and national commerce act. This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
Mont. Code Ann. § 72-3-901 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-901
72-3-901 Abatement
Status: in_force

72-3-901 . Abatement. (1) Except as provided in subsection (3) and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:

(a) property not disposed of by the will;

(b) residuary devises;

(c) general devises;

(d) specific devises.

(2) For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged and, upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.

(3) If the will expresses an order of abatement or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (1), the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.

(4) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in or contribution from other interests in the remaining assets.
Mont. Code Ann. § 72-2-237 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-237
72-2-237 Surviving spouse's property and nonprobate transfers to others
Status: in_force

72-2-237 . Surviving spouse's property and nonprobate transfers to others. (1) Except to the extent included in the augmented estate under 72-2-234 or 72-2-236 , the value of the augmented estate includes the value of:

(a) property that was owned by the decedent's surviving spouse at the decedent's death, including:

(i) the surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;

(ii) the surviving spouse's ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and

(iii) property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead allowance, family allowance, exempt property, or payments under the federal social security system; and

(b) property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests included under subsection (1)(a)(i) or (1)(a)(ii), had the spouse been the decedent.

(2) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subsection (1)(a)(i) and (1)(a)(ii), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co-owner of the property or accounts.

(3) The value of property included under this section is reduced by enforceable claims against the surviving spouse.
Mont. Code Ann. § 72-9-114 — MT Code / Title 72 / Chapter 9 / Part 1 / Section 72-9-114
72-9-114 Creditor's rights
Status: in_force

72-9-114 . Creditor's rights. This part does not affect rights of creditors with respect to property to which this part applies.
Mont. Code Ann. § 72-39-303 — MT Code / Title 72 / Chapter 39 / Part 3 / Section 72-39-303
72-39-303 Common law of trusts -- principles of equity
Status: in_force

72-39-303 . Common law of trusts -- principles of equity. The common law of trusts and principles of equity supplement this chapter except to the extent modified by this chapter or another statute of this state.
Mont. Code Ann. § 72-31-339 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-339
72-31-339 Real property
Status: in_force

72-31-339 . Real property. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:

(1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;

(2) sell, exchange, convey, with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;

(3) pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(4) release, assign, satisfy, or enforce, by litigation or otherwise, a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or is asserted;

(5) manage or conserve an interest in real property or a right incident to real property, owned or claimed to be owned by the principal, including:

(a) insuring against a liability or casualty or other loss;

(b) obtaining or regaining possession or protecting the interest or right, by litigation or otherwise;

(c) paying, assessing, compromising, or contesting taxes or assessments, or applying for and receiving refunds in connection with them; and

(d) purchasing supplies, hiring assistance or labor, and making repairs or alterations in the real property;

(6) use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has or claims to have an interest or right;

(7) participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:

(a) selling or otherwise disposing of them;

(b) exercising or selling an option, right of conversion, or similar right with respect to them; and

(c) exercising any voting rights in person or by proxy;

(8) change the form of title of an interest in or right incident to real property; and

(9) dedicate to public use, with or without consideration, easements or other real property in which the principal has or claims to have an interest.
Mont. Code Ann. § 72-3-203 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-203
72-3-203 Probate and appointment under will -- additional information required
Status: in_force

72-3-203 . Probate and appointment under will -- additional information required. (1) An application for informal probate of a will must state the following in addition to the statements required by 72-3-202 :

(a) that the original of the decedent's last will is in the possession of the court or accompanies the application, that an authenticated copy of a will probated in another jurisdiction accompanies the application, or that an authenticated copy of a will filed without probate in another jurisdiction and proved, as provided in 72-3-220 , accompanies the application;

(b) that the applicant to the best of the applicant's knowledge believes the will to have been validly executed;

(c) that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will and that the applicant believes that the instrument that is the subject of the application is the decedent's last will.

(2) An application for informal appointment of a personal representative to administer an estate under a will must describe the will by date of execution and state the time and place of probate or the pending application or petition for probate. The application for appointment must adopt the statements in the application or petition for probate and state the name, address, and priority for appointment of the person whose appointment is sought.
Mont. Code Ann. § 72-5-434 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-434
72-5-434 Transaction involving conflict of interest -- voidable -- exceptions
Status: in_force

72-5-434 . Transaction involving conflict of interest -- voidable -- exceptions. Any sale or encumbrance to a conservator, to the conservator's spouse, agent, or attorney, or to any corporation or trust in which the conservator has a substantial beneficial interest or any transaction that is affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after notice to interested persons and others as directed by the court.
Mont. Code Ann. § 72-5-404 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-404
72-5-404 Request for notice -- interested person
Status: in_force

72-5-404 . Request for notice -- interested person. (1) An interested person who desires to be notified before any order is made in a protective proceeding may file with the clerk a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the conservator if one has been appointed.

(2) A request is not effective unless it contains a statement showing the interest of the person making it and the person's address or that of the person's attorney and is effective only as to matters occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.
Mont. Code Ann. § 72-3-505 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-505
72-3-505 Rights of conservators relating to appointment
Status: in_force

72-3-505 . Rights of conservators relating to appointment. Conservators of the estates of protected persons or, if there is no conservator, any guardian except a guardian ad litem of a minor or incapacitated person may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference of a majority in interest of the heirs and devisees that the protected person or ward would have if qualified for appointment.
Mont. Code Ann. § 72-2-1004 — MT Code / Title 72 / Chapter 2 / Part 10 / Section 72-2-1004
72-2-1004 Reformation
Status: in_force

72-2-1004 . Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and that is within the 90 years allowed by 72-2-1002 (1)(b), (2)(b), or (3)(b) if:

(1) a nonvested property interest or a power of appointment becomes invalid under 72-2-1002 ;

(2) a class gift is not but might become invalid under 72-2-1002 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(3) a nonvested property interest that is not validated by 72-2-1002 (1)(a) can vest but not within 90 years after its creation.
Mont. Code Ann. § 72-1-203 — MT Code / Title 72 / Chapter 1 / Part 2 / Section 72-1-203
72-1-203 Venue -- multiple proceedings -- transfer
Status: in_force

72-1-203 . Venue -- multiple proceedings -- transfer. (1) Where venue for a proceeding under this code may lie in more than one county in the state, the court in which the proceeding is first commenced has the exclusive right to proceed.

(2) If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.

(3) If a court finds that, as a matter of law or in the interest of justice, a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.
Mont. Code Ann. § 72-39-104 — MT Code / Title 72 / Chapter 39 / Part 1 / Section 72-39-104
72-39-104 Application -- governing law
Status: in_force

72-39-104 . Application -- governing law. This chapter applies to a trust created before, on, or after October 1, 2021 that:

(1) has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or

(2) provides by its trust instrument that is governed by the law of this state or is governed by the law of this state for the purpose of:

(a) administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state;

(b) construction of terms of the trust; or

(c) determining the meaning or effect of terms of the trust.
Mont. Code Ann. § 72-14-207 — MT Code / Title 72 / Chapter 14 / Part 2 / Section 72-14-207
72-14-207 Unsold tangible personal property -- how disposed of -- auction sale
Status: in_force

72-14-207 . Unsold tangible personal property -- how disposed of -- auction sale. (1) If the tangible personal property in an escheated estate was not sold by the personal representative at the final settlement of the estate, the personal representative shall deliver the property to the county treasurer. The county treasurer shall, within 1 year of the receipt of the property, sell it to the highest bidder at a public auction sale at the county seat of the county of administration of the estate.

(2) The county treasurer shall give notice of the sale by publication once a week for 2 successive weeks in a newspaper published in the county of administration. The last publication must be at least 20 days prior to the date of the sale. The notice must give the time and place of the sale and must contain a description of the property to be sold.

(3) All expenses of the sale must be deducted from the proceeds of the sale by the county treasurer, and the balance of the proceeds must be delivered by the county treasurer to the department of revenue for deposit in the private purpose trust fund.
Mont. Code Ann. § 72-3-815 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-815
72-3-815 Compromise of claims
Status: in_force

72-3-815 . Compromise of claims. When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
Mont. Code Ann. § 72-9-103 — MT Code / Title 72 / Chapter 9 / Part 1 / Section 72-9-103
72-9-103 Rebuttable presumptions
Status: in_force

72-9-103 . Rebuttable presumptions. In determining whether this part applies to specific property, the following rebuttable presumptions apply:

(1) property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become and remained property to which this part applies; and

(2) real property situated in this state and personal property, wherever situated, acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this part applies.
Mont. Code Ann. § 72-38-408 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-408
72-38-408 Trust for care of animal
Status: in_force

72-38-408 . Trust for care of animal. (1) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.

(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, and otherwise to the settlor's successors in interest.
Mont. Code Ann. § 72-39-204 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-204
72-39-204 Representation
Status: in_force

72-39-204 . Representation. (1) Notice to a person with authority to represent and bind another person under a first-trust instrument or Title 72, chapter 38, part 3, has the same effect as notice given directly to the person represented.

(2) Consent of or waiver by a person with authority to represent and bind another person under a first-trust instrument or Title 72, chapter 38, part 3, is binding on the person represented unless the person represented objects to the representation before the consent or waiver otherwise would become effective.

(3) A person with authority to represent and bind another person under a first-trust instrument or Title 72, chapter 38, part 3, may file an application under 72-39-205 on behalf of the person represented.

(4) A settlor may not represent or bind a beneficiary under this chapter.