Mont. Code Ann. § 72-5-613 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-613
72-5-613 Jurisdiction
Status: in_force

72-5-613 . Jurisdiction. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1) this state is the respondent's home state;

(2) on the date the petition is filed, this state is a significant-connection state and:

(a) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(b) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and before the court makes the appointment or issues the order:

(i) a petition for an appointment or order is not filed in the respondent's home state;

(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in 72-5-616 ;

(3) this state does not have jurisdiction under either subsection (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or

(4) the requirements for special jurisdiction under 72-5-614 are met.
Mont. Code Ann. § 72-2-816 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-816
72-2-816 Modification to achieve transferor's tax objectives
Status: in_force

72-2-816 . Modification to achieve transferor's tax objectives. To achieve the transferor's tax objectives, the court may modify the terms of a governing instrument in a manner that is not contrary to the transferor's probable intention. The court may provide that the modification has retroactive effect.
Mont. Code Ann. § 72-38-1101 — MT Code / Title 72 / Chapter 38 / Part 11 / Section 72-38-1101
72-38-1101 Uniformity of application and construction
Status: in_force

72-38-1101 . Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Mont. Code Ann. § 72-6-227 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-227
72-6-227 Setoff
Status: in_force

72-6-227 . Setoff. Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to setoff against the account. The amount of the account subject to setoff is either the proportion to which the party is, or immediately before death was, beneficially entitled under 72-6-211 or, in the absence of proof of that proportion, an equal share with all parties.
Mont. Code Ann. § 72-4-303 — MT Code / Title 72 / Chapter 4 / Part 3 / Section 72-4-303
72-4-303 Filing of letters, bond, inventory, and affidavit
Status: in_force

72-4-303 . Filing of letters, bond, inventory, and affidavit. (1) The domiciliary foreign personal representative of the estate of a nonresident decedent, who wishes to receive payment and delivery as described in 72-4-306 or to exercise the powers over assets described in 72-4-310 , shall file with a district court in this state in a county in which property belonging to the decedent is located:

(a) an authenticated copy of the personal representative's appointment and of any official bond given;

(b) an inventory of the property of the nonresident decedent located in this state, which must contain the information prescribed in 72-3-607 ; and

(c) an affidavit stating:

(i) the date of death of the nonresident decedent; and

(ii) that no local administration or application or petition for local administration is pending in this state.

(2) Upon receiving the information required by subsection (1), the clerk of court shall issue a certificate to the domiciliary foreign personal representative identifying the representative as having registered with the district court and stating the name and date of death of the decedent.
Mont. Code Ann. § 72-40-104 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-104
72-40-104 Common law and principles of equity
Status: in_force

72-40-104 . Common law and principles of equity. The common law and principles of equity supplement this part, except to the extent modified by this part or law of this state other than this part.
Mont. Code Ann. § 72-40-114 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-114
72-40-114 Duty to provide information to trust director or trustee
Status: in_force

72-40-114 . Duty to provide information to trust director or trustee. (1) Subject to 72-40-115 , a trustee shall provide information to a trust director to the extent the information is reasonably related both to:

(a) the powers or duties of the trustee; and

(b) the powers or duties of the director.

(2) Subject to 72-40-115 , a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:

(a) the powers or duties of the director; and

(b) the powers or duties of the trustee or other director.

(3) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.

(4) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.
Mont. Code Ann. § 72-3-1013 — MT Code / Title 72 / Chapter 3 / Part 10 / Section 72-3-1013
72-3-1013 Limitation on actions against distributees
Status: in_force

72-3-1013 . Limitation on actions against distributees. (1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim and the right of any heir or devisee or of a successor personal representative acting in their behalf to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of 3 years after the decedent's death or 1 year after the time of distribution, but all claims of creditors of the decedent are barred 1 year after the decedent's death.

(2) This section does not bar an action to recover property or value received as the result of fraud.
Mont. Code Ann. § 72-2-902 — MT Code / Title 72 / Chapter 2 / Part 9 / Section 72-2-902
72-2-902 Validity
Status: in_force

72-2-902 . Validity. (1) The form of a will is valid, regardless of the place where it is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this part.

(2) The invalidity of the will as an international will does not affect its formal validity as a will of another kind.

(3) This part does not apply to the form of testamentary dispositions made by two or more persons in one instrument.
Mont. Code Ann. § 72-1-311 — MT Code / Title 72 / Chapter 1 / Part 3 / Section 72-1-311
72-1-311 Affidavit or verified petition as evidence in uncontested proceedings
Status: in_force

72-1-311 . Affidavit or verified petition as evidence in uncontested proceedings. In any probate matter, an affidavit or verified petition must be received as evidence when offered in an uncontested proceeding under this title.
Mont. Code Ann. § 72-16-604 — MT Code / Title 72 / Chapter 16 / Part 6 / Section 72-16-604
72-16-604 Equitable power of court to vary manner of apportionment
Status: in_force

72-16-604 . Equitable power of court to vary manner of apportionment. If the court finds that it is inequitable to apportion interest and penalties in the manner provided in 72-16-603 because of special circumstances, it may direct apportionment thereof in the manner it finds equitable.
Mont. Code Ann. § 72-17-101 — MT Code / Title 72 / Chapter 17 / Part 1 / Section 72-17-101
72-17-101 Short title
Status: in_force

72-17-101 . Short title. This chapter may be cited as the "Revised Uniform Anatomical Gift Act".
Mont. Code Ann. § 72-15-212 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-212
72-15-212 Final settlement of estate -- sale of property -- escheat
Status: in_force

72-15-212 . Final settlement of estate -- sale of property -- escheat. At the final settlement of any estate, if there be no heirs or other claimants thereof, the district judge shall make an order directing the administrator to sell all property belonging to the estate and pay the proceeds to the county treasurer, who shall credit the same and all other moneys belonging to said estate to the escheated estates fund, and the county treasurer shall forthwith remit all of said money to the department of revenue with a statement as to the estates to which the money belongs, which remittance shall be treated as provided in chapter 14, as amended.
Mont. Code Ann. § 72-3-906 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-906
72-3-906 Improper distribution or payment -- liability of distributee or payee
Status: in_force

72-3-906 . Improper distribution or payment -- liability of distributee or payee. Unless the distribution or payment can no longer be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid or a claimant who was improperly paid is liable to return the property improperly received and its income since distribution if the claimant has the property. If the claimant does not have the property, then the claimant is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by the claimant.
Mont. Code Ann. § 72-38-123 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-123
72-38-123 Constructive trust
Status: in_force

72-38-123 . Constructive trust. A constructive trust arises when a person holding title to property is subject to an equitable duty to convey it to another on the ground that the person holding title would be unjustly enriched if the holder were permitted to retain it.
Mont. Code Ann. § 72-38-707 — MT Code / Title 72 / Chapter 38 / Part 7 / Section 72-38-707
72-38-707 Delivery of property by former trustee
Status: in_force

72-38-707 . Delivery of property by former trustee. (1) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.

(2) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it. If a trustee fails to deliver trust property as required in this subsection:

(a) the resigned or removed trustee is personally liable for the actual damages incurred as a result of the failure to deliver trust property; and

(b) the court, in its discretion, may order the resigned or removed trustee personally to pay the reasonable attorney fees incurred in enforcing the resigned or removed trustee's duty to deliver trust property.
Mont. Code Ann. § 72-38-304 — MT Code / Title 72 / Chapter 38 / Part 3 / Section 72-38-304
72-38-304 Representation by person having substantially identical interest
Status: in_force

72-38-304 . Representation by person having substantially identical interest. Unless otherwise represented, a minor, incapacitated, or unborn individual or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.
Mont. Code Ann. § 72-3-1003 — MT Code / Title 72 / Chapter 3 / Part 10 / Section 72-3-1003
72-3-1003 Formal proceedings terminating administration under informally probated will -- settlement order construing will without adjudicating testacy
Status: in_force

72-3-1003 . Formal proceedings terminating administration under informally probated will -- settlement order construing will without adjudicating testacy. (1) A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate that will not adjudicate the testacy status of the decedent. The personal representative may petition at any time and a devisee may petition after 1 year from the appointment of the original personal representative, except that a petition under this section may not be entertained until the time for presenting claims that arose prior to the death of the decedent has expired.

(2) The petition may request the court to consider the final account or compel or approve an accounting and distribution, to construe the will, and adjudicate final settlement and distribution of the estate. After notice to all devisees and the personal representative and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will 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 devisee who is a party to the proceeding and those the devisee represents. If it appears that a part of the estate is intestate, the proceedings must be dismissed or amendments must be made to meet the provisions of 72-3-1001 and 72-3-1002 .
Mont. Code Ann. § 72-5-636 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-636
72-5-636 Uniformity of application and construction
Status: in_force

72-5-636 . Uniformity of application and construction. In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Mont. Code Ann. § 72-5-431 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-431
72-5-431 Preservation of estate plan -- right to inspect will
Status: in_force

72-5-431 . Preservation of estate plan -- right to inspect will. In investing the estate and in selecting assets of the estate for distribution under 72-5-428 and in utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any known estate plan of the protected person, including the protected person's will, any revocable trust of which the protected person is settlor, and any contract, transfer, or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the protected person's death to another or others that the protected person may have originated. The conservator may examine the will of the protected person.
Mont. Code Ann. § 72-5-231 — MT Code / Title 72 / Chapter 5 / Part 2 / Section 72-5-231
72-5-231 Powers and duties of guardian of minor
Status: in_force

72-5-231 . Powers and duties of guardian of minor. Unless otherwise limited by the court, a guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of the parent's minor and unemancipated child, except that a guardian is not legally obligated to provide from the guardian's own funds for the ward and is not liable to third persons by reason of the parental relationship for acts of the ward. In particular and without qualifying the foregoing, a guardian has the following powers and duties:

(1) The guardian shall take reasonable care of the ward's personal effects and commence protective proceedings if necessary to protect other property of the ward.

(2) The guardian may receive money payable for the support of the ward to the ward's parent, guardian, or custodian under the terms of any statutory benefit or insurance system or any private contract, devise, trust, conservatorship, or custodianship. The guardian also may receive money or property of the ward paid or delivered by virtue of 72-5-104 . Any sums received must be applied to the ward's current needs for support, care, and education. The guardian shall exercise due care to conserve any excess for the ward's future needs unless a conservator has been appointed for the estate of the ward, in which case the excess must be paid at least annually to the conservator. Sums received by the guardian may not be used for compensation for the guardian's services except as approved by an order of the court or as determined by a duly appointed conservator other than the guardian. A guardian may institute proceedings to compel the performance by any person of a duty to support the ward or to pay sums for the welfare of the ward.

(3) The guardian is empowered to facilitate the ward's education, social, or other activities and to authorize medical or other professional care, treatment, or advice. A guardian is not liable by reason of this consent for injury to the ward resulting from the negligence or acts of third persons unless it would have been illegal for a parent to have consented. A guardian may consent to the marriage or adoption of the ward.

(4) A guardian shall report the condition of the ward and of the ward's estate that has been subject to the guardian's possession or control, as ordered by the court on petition of any person interested in the minor's welfare or as required by court rule.

(5) Upon the death of a guardian's ward, the guardian, upon an order of the court and if there is no personal representative authorized to do so, may make necessary arrangements for the removal, transportation, and final disposition, including burial, entombment, or cremation, of the ward's physical remains and for the receipt and disposition of the ward's clothing, furniture, and other personal effects that may be in the possession of the person in charge of the ward's care, comfort, and maintenance at the time of the ward's death.
Mont. Code Ann. § 72-38-801 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-801
72-38-801 Duty to administer trust
Status: in_force

72-38-801 . Duty to administer trust. Upon acceptance of a trusteeship, the trustee shall administer the trust expeditiously and in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this chapter.
Mont. Code Ann. § 72-2-1017 — MT Code / Title 72 / Chapter 2 / Part 10 / Section 72-2-1017
72-2-1017 Honorary trusts -- trusts for pets
Status: in_force

72-2-1017 . Honorary trusts -- trusts for pets. (1) Subject to subsection (3), a trust may be performed by the trustee for 21 years but no longer, whether or not the terms of the trust contemplate a longer duration if:

(a) a trust is for a specific lawful noncharitable purpose or for lawful noncharitable purposes to be selected by the trustee; and

(b) there is no definite or definitely ascertainable beneficiary designated.

(2) Subject to the provisions of subsection (3) and this subsection, a trust for the care of a designated domestic or pet animal is valid. The trust terminates when no living animal is covered by the trust. A governing instrument must be liberally construed to bring the transfer within this subsection, to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent.

(3) In addition to the provisions of subsection (1) or (2), a trust covered by either of those subsections is subject to the following provisions:

(a) Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the trust's purposes or for the benefit of a covered animal.

(b) Upon termination, the trustee shall transfer the unexpended trust property in the following order:

(i) as directed in the trust instrument;

(ii) if the trust was created in a nonresiduary clause in the transferor's will or in a codicil to the transferor's will, under the residuary clause in the transferor's will; and

(iii) if no taker is produced by the application of subsection (3)(b)(i) or (3)(b)(ii), to the transferor's heirs under 72-2-721 .

(c) For the purposes of 72-2-717 , the residuary clause is treated as creating a future interest under the terms of a trust.

(d) The intended use of the principal or income may be enforced by an individual designated for that purpose in the trust instrument or, if none, by an individual appointed by a court upon application to it by an individual.

(e) Except as ordered by the court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or fee is required by reason of the existence of the fiduciary relationship of the trustee.

(f) A court may reduce the amount of the property transferred if it determines that that amount substantially exceeds the amount required for the intended use. The amount of the reduction, if any, passes as unexpended trust property under subsection (3)(b).

(g) If no trustee is designated or no designated trustee is willing or able to serve, a court shall name a trustee. A court may order the transfer of the property to another trustee if required to ensure that the intended use is carried out and if no successor trustee is designated in the trust instrument or if no designated successor trustee agrees to serve or is able to serve. A court may also make such other orders and determinations as are advisable to carry out the intent of the transferor and the purpose of this section.
Mont. Code Ann. § 72-5-611 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-611
72-5-611 Definitions -- significant connection factors
Status: in_force

72-5-611 . Definitions -- significant connection factors. (1) In 72-5-611 through 72-5-619 , the following definitions apply:

(a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.

(b) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian, or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months ending within the 6 months prior to the filing of the petition.

(c) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(2) In determining under 72-5-613 and 72-5-624 (5) whether a respondent has a significant connection with a particular state, the court shall consider:

(a) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;

(b) the length of time the respondent at any time was physically present in the state and the duration of any absence;

(c) the location of the respondent's property; and

(d) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
Mont. Code Ann. § 72-16-1007 — MT Code / Title 72 / Chapter 16 / Part 10 / Section 72-16-1007
72-16-1007 Rulemaking
Status: in_force

72-16-1007 . Rulemaking. The department shall adopt rules necessary for the administration and enforcement of this part.
Mont. Code Ann. § 72-38-806 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-806
72-38-806 Trustee's skills
Status: in_force

72-38-806 . Trustee's skills. A trustee who has special skills or expertise or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise shall use those special skills or expertise.
Mont. Code Ann. § 72-7-201 — MT Code / Title 72 / Chapter 7 / Part 2 / Section 72-7-201
72-7-201 Creation of power of appointment
Status: in_force

72-7-201 . Creation of power of appointment. (1) A power of appointment is created only if:

(a) the instrument creating the power:

(i) is valid under applicable law; and

(ii) except as otherwise provided in subsection (2), transfers the appointive property; and

(b) the terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(2) Subsection (1)(a)(ii) does not apply to the creation of a power of appointment by the exercise of a power of appointment.

(3) A power of appointment may not be created in a deceased individual.

(4) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
Mont. Code Ann. § 72-40-111 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-111
72-40-111 Limitations on trust director
Status: in_force

72-40-111 . Limitations on trust director. A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under 72-40-110 (2)(a) regarding:

(1) a payback provision in the terms of a trust necessary to comply with the reimbursement requirements of medicaid law in section 1917 of the Social Security Act, 42 U.S.C. 1396p(d)(4)(A), as amended, and regulations issued under it, as amended; and

(2) a charitable interest in the trust, including notice regarding the interest to the attorney general.
Mont. Code Ann. § 72-16-1003 — MT Code / Title 72 / Chapter 16 / Part 10 / Section 72-16-1003
72-16-1003 Returns -- payment
Status: in_force

72-16-1003 . Returns -- payment. (1) A person required to file a return reporting a generation-skipping transfer under federal law shall file a duplicate of the federal return with the department and shall file any other information as the department may require. The return must be filed on or before the last day allowed for filing the federal return. A copy of amended or supplemental federal returns must be submitted to the department at the time it is filed with the internal revenue service.

(2) The tax imposed by 72-16-1002 must be paid on or before the deadline for filing the return. The tax must be paid to the department and deposited in the general fund.
Mont. Code Ann. § 72-3-211 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-211
72-3-211 Informal probate -- notice requirements
Status: in_force

72-3-211 . Informal probate -- notice requirements. (1) The moving party shall give notice, as described by 72-1-301 , of the application for informal probate:

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

(b) to any personal representative of the decedent whose appointment has not been terminated.

(2) No other notice of informal probate is required.
Mont. Code Ann. § 72-38-417 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-417
72-38-417 Combination and division of trusts
Status: in_force

72-38-417 . Combination and division of trusts. After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust.
Mont. Code Ann. § 72-15-107 — MT Code / Title 72 / Chapter 15 / Part 1 / Section 72-15-107
72-15-107 Power to require persons controlling property to furnish statement describing property
Status: in_force

72-15-107 . Power to require persons controlling property to furnish statement describing property. Whenever a person dies in any county of this state and an administrator has not been appointed to take charge of the person's estate, the public administrator of the county, prior to the issuance of letters of administration, has authority to make a written demand upon any person, firm, bank, or corporation that the public administrator believes holds or has in its possession or control any money, evidence of indebtedness, or other personal property or that owes to the deceased person any money requiring that entity to furnish to the public administrator a written statement, under oath, showing the amount of money or the evidence of indebtedness or personal property of the deceased person held by it fully describing the evidence or property and the total sums of money, if any, due from it to the deceased person. Upon receipt of the written demand, the person, firm, bank, or corporation receiving the demand shall immediately furnish the statement, under oath, to the public administrator.
Mont. Code Ann. § 72-1-301 — MT Code / Title 72 / Chapter 1 / Part 3 / Section 72-1-301
72-1-301 Notice -- method and time of giving
Status: in_force

72-1-301 . Notice -- method and time of giving. (1) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the person's attorney. Notice must be given:

(a) by mailing a copy of the notice at least 14 days before the time set for the hearing by certified mail or ordinary first-class mail addressed to the person being notified at the post-office address given in the person's demand for notice, if any, or at the person's office or place of residence, if known;

(b) by delivering a copy of the notice to the person being notified personally at least 14 days before the time set for the hearing; or

(c) if the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing the notice in a weekly paper once a week for 3 consecutive weeks and, if in a newspaper published more often than once a week, by publishing on at least 3 different days of publication. There must be at least 10 days from the first to the last day of publication, both the first and last day being included.

(2) The court for good cause shown may provide for a different method or time of giving notice for any hearing.

(3) Proof of the giving of notice must be made on or before the hearing and filed in the proceeding.
Mont. Code Ann. § 72-38-705 — MT Code / Title 72 / Chapter 38 / Part 7 / Section 72-38-705
72-38-705 Resignation of trustee
Status: in_force

72-38-705 . Resignation of trustee. (1) A trustee may resign:

(a) upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or

(b) with the approval of the court.

(2) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.

(3) Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.
Mont. Code Ann. § 72-3-224 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-224
72-3-224 Informal appointment -- power of clerk to deny -- effect of denial
Status: in_force

72-3-224 . Informal appointment -- power of clerk to deny -- effect of denial. (1) If the clerk is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of 72-3-222 , 72-3-223 , and 72-3-225 or for any other reason, the clerk may decline the application.

(2) A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.
Mont. Code Ann. § 72-5-630 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-630
72-5-630 Registration of protective orders
Status: in_force

72-5-630 . Registration of protective orders. If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
Mont. Code Ann. § 72-12-405 — MT Code / Title 72 / Chapter 12 / Part 4 / Section 72-12-405
72-12-405 Expert to mail report to petitioner
Status: in_force

72-12-405 . Expert to mail report to petitioner. Unless the court orders another disposition of the written report, the handwriting expert, upon completion of the analysis, shall mail the expert's written report to the party who requested it.
Mont. Code Ann. § 72-31-305 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-305
72-31-305 Execution of power of attorney
Status: in_force

72-31-305 . Execution of power of attorney. A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Mont. Code Ann. § 72-7-202 — MT Code / Title 72 / Chapter 7 / Part 2 / Section 72-7-202
72-7-202 Nontransferability
Status: in_force

72-7-202 . Nontransferability. A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses.
Mont. Code Ann. § 72-38-813 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-813
72-38-813 Duty to inform and report
Status: in_force

72-38-813 . Duty to inform and report. A trustee shall comply with the following provisions unless the trust instrument specifically limits or waives any of these requirements:

(1) A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. A trustee shall promptly respond to a qualified beneficiary's request for information that is reasonably necessary to enable the qualified beneficiary to enforce the rights of the qualified beneficiary under the trust or to prevent or redress a breach of trust.

(2) A trustee:

(a) upon request of any beneficiary, shall promptly furnish to the beneficiary a copy of the portions of the trust instrument that describe or affect the beneficiary's interest;

(b) within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address, and telephone number;

(c) within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of portions of the trust instrument as provided in subsection (2)(a), and of the right to a trustee's report as provided in subsection (3); and

(d) shall notify the qualified beneficiaries in advance of any change in the method or rate of the trustee's compensation.

(3) A trustee shall send to the distributees or permissible distributees of trust income or principal and to other qualified beneficiaries who request it, at least annually, on a calendar year or fiscal year basis consistent with tax reporting requirements and at the termination of the trust, a report of the trust property, liabilities, receipts, and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values including any cash, cash equivalents, stocks, bonds, mutual funds, or other securities, investments, or investment property held by the trustee as of the last business day of the calendar year or fiscal period, if the fair market value is readily ascertainable or the property is traded on an established public market. An appraisal or statement of fair market value may not be required for any real estate, closely held business, or other property held by the trustee as of that date if the fair market value is not readily ascertainable or traded on an established public market. A qualified beneficiary must also receive, upon request, copies of any applicable income, estate, or transfer tax returns relevant to the administration of the trust. Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report must be sent to the qualified beneficiaries by the former trustee. A personal representative, conservator, or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee.

(4) A qualified beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. A qualified beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.

(5) Subsections (2)(b) and (2)(c) do not apply to a trustee who accepts a trusteeship before October 1, 2013, to an irrevocable trust created before October 1, 2013, or to a revocable trust that becomes irrevocable before October 1, 2013.
Mont. Code Ann. § 72-26-803 — MT Code / Title 72 / Chapter 26 / Part 8 / Section 72-26-803
72-26-803 Termination of custodianship
Status: in_force

72-26-803 . Termination of custodianship. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:

(1) the minor's attainment of 21 years of age with respect to custodial property transferred under 72-26-604 or 72-26-605 ;

(2) the minor's attainment of 18 years of age with respect to custodial property transferred under 72-26-606 or 72-26-607 ; or

(3) the minor's death.
Mont. Code Ann. § 72-3-109 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-109
72-3-109 Acknowledgment of fiduciary relationship and obligations -- personal representative, guardian, or conservator
Status: in_force

72-3-109 . Acknowledgment of fiduciary relationship and obligations -- personal representative, guardian, or conservator. (1) Every applicant for appointment as the personal representative of a decedent's estate, as a guardian, or as a conservator shall sign and verify before a notary public or under penalty of perjury the following statement:

"By signing, accepting, or acting under this appointment, I acknowledge that I will assume the duties and responsibilities of a fiduciary and that I must work exclusively for the benefit of the decedent's estate and its beneficiaries, the ward under any guardianship, or the protected person under any conservatorship. I also acknowledge that the primary duty of a personal representative, guardian, or conservator is the duty of loyalty to and protection of the best interests of the estate, ward, or protected person. Therefore, I acknowledge that:

I may not use any of the property or other assets of the decedent's estate, ward, or protected person for my own personal benefit;

I must direct any benefit derived from this appointment to the decedent's estate, ward, or protected person; and

I must avoid conflicts of interest and must use ordinary skill and prudence in carrying out the duties of this appointment."

(2) The statement in subsection (1) must be sworn before a notary public or executed under penalty of perjury in the following format:

"I declare under penalty of perjury under the laws of the state of Montana that the foregoing is true and correct.

Signed this ... day of ............., 20....

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

Signature of applicant"

(3) This section applies to all applications for appointment as a personal representative or as a special administrator under Title 72, chapter 3, parts 2, 3, 4, and 7.
Mont. Code Ann. § 72-3-132 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-132
72-3-132 Procedure for securing court approval of compromise
Status: in_force

72-3-132 . Procedure for securing court approval of compromise. The procedure for securing court approval of a compromise is as follows:

(1) The terms of the compromise must be set forth in an agreement in writing which must be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.

(2) Any interested person, including the personal representative, if any, or a trustee, then may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives.

(3) After notice to all interested persons or their representatives, including the personal representative of any estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries under its supervision to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise.

(4) Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.
Mont. Code Ann. § 72-3-202 — MT Code / Title 72 / Chapter 3 / Part 2 / Section 72-3-202
72-3-202 Required contents of application
Status: in_force

72-3-202 . Required contents of application. Every application for informal probate of a will or for informal appointment of a personal representative, other than a special, ancillary, or successor representative, must contain the following:

(1) a statement of the interest of the applicant;

(2) the name and date of death of the decedent, the decedent's age, and the county and state of the decedent's domicile at the time of death and the names and addresses of the spouse, children, heirs, and devisees and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant;

(3) if the decedent was not domiciled in the state at the time of death, a statement showing venue;

(4) a statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated;

(5) a statement indicating whether the applicant has received a demand for notice or is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere; and

(6) that the time limit for informal probate or appointment as provided in this chapter has not expired either because 3 years or less have passed since the decedent's death, or, if more than 3 years from death have passed, circumstances as described by 72-3-122 have occurred authorizing tardy probate or appointment.
Mont. Code Ann. § 72-16-501 — MT Code / Title 72 / Chapter 16 / Part 5 / Section 72-16-501
72-16-501 Interest of decedent terminated upon death
Status: in_force

72-16-501 . Interest of decedent terminated upon death. The interest of the decedent in property held in joint tenancy terminates upon death.
Mont. Code Ann. § 72-4-202 — MT Code / Title 72 / Chapter 4 / Part 2 / Section 72-4-202
72-4-202 Jurisdiction by act of decedent
Status: in_force

72-4-202 . Jurisdiction by act of decedent. In addition to jurisdiction conferred by 72-4-201 , a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the foreign personal representative's decedent was subject to jurisdiction immediately prior to death.
Mont. Code Ann. § 72-5-311 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-311
72-5-311 Venue for proceedings for court appointment of guardian
Status: in_force

72-5-311 . Venue for proceedings for court appointment of guardian. The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits.
Mont. Code Ann. § 72-38-301 — MT Code / Title 72 / Chapter 38 / Part 3 / Section 72-38-301
72-38-301 Representation -- basic effect
Status: in_force

72-38-301 . Representation -- basic effect. (1) Notice to a person who may represent and bind another person under this part has the same effect as if notice were given directly to the other person.

(2) The consent of a person who may represent and bind another person under this part is binding on the person represented unless the person represented objects to the representation by notifying the trustee or representative before the consent would otherwise have become effective.

(3) Except as otherwise provided in 72-38-411 and 72-38-602 , a person who under this part may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.

(4) A settlor may not represent and bind a beneficiary under this part with respect to the termination or modification of a trust under 72-38-411 (1).

(5) In the event of a conflict between this part and part 2 of this chapter, the provisions of part 2 must supersede the contrary provisions in this part.
Mont. Code Ann. § 72-2-528 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-528
72-2-528 Revocation by change of circumstances
Status: in_force

72-2-528 . Revocation by change of circumstances. Except as provided in 72-2-813 and 72-2-814 , a change of circumstances does not revoke a will or any part of it.
Mont. Code Ann. § 72-38-107 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-107
72-38-107 Governing law
Status: in_force

72-38-107 . Governing law. The meaning and effect of the terms of a trust are determined by:

(1) the law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue; or

(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
Mont. Code Ann. § 72-6-415 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-415
72-6-415 Optional form of transfer on death deed
Status: in_force

72-6-415 . Optional form of transfer on death deed. The following form may be used to create a transfer on death deed. The other sections of this part govern the effect of this or any other instrument used to create a transfer on death deed:

(front of form)

REVOCABLE TRANSFER ON DEATH DEED

NOTICE TO OWNER

You should carefully read all information on the other side of this form. You May Want to Consult a Lawyer Before Using This Form.

This form must be recorded before your death, or it will not be effective.

IDENTIFYING INFORMATION

Owner or Owners Making This Deed:

Printed name Mailing address Printed name Mailing address

Legal description of the property:

PRIMARY BENEFICIARY

I designate the following beneficiary if the beneficiary survives me.

Printed name Mailing address, if available

ALTERNATE BENEFICIARY - Optional

If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me.

Printed name Mailing address, if available

TRANSFER ON DEATH

At my death, I transfer my interest in the described property to the beneficiaries as designated above.

Before my death, I have the right to revoke this deed.

SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED

Signature Date Signature Date

ACKNOWLEDGMENT

(insert acknowledgment for deed here)

(back of form)

COMMON QUESTIONS ABOUT THE USE OF THIS FORM

What does the Transfer on Death (TOD) deed do? When you die, this deed transfers the described property, subject to any liens or mortgages (or other encumbrances) on the property at your death. Probate is not required. The TOD deed has no effect until you die. You can revoke it at any time. You are also free to transfer the property to someone else during your lifetime. If you do not own any interest in the property when you die, this deed will have no effect.

How do I make a TOD deed? Complete this form. Have it acknowledged before a notary public or other individual authorized by law to take acknowledgments. Record the form in each county where any part of the property is located. The form has no effect unless it is acknowledged and recorded before your death.

Is the "legal description" of the property necessary? Yes.

How do I find the "legal description" of the property? This information may be on the deed you received when you became an owner of the property. This information may also be available in the office of the county clerk and recorder for the county where the property is located. If you are not absolutely sure, consult a lawyer.

Can I change my mind before I record the TOD deed? Yes. If you have not yet recorded the deed and want to change your mind, simply tear up or otherwise destroy the deed.

How do I "record" the TOD deed? Take the completed and acknowledged form to the office of the county clerk and recorder of the county where the property is located. Follow the instructions given by the county clerk and recorder to make the form part of the official property records. If the property is in more than one county, you should record the deed in each county.

Can I later revoke the TOD deed if I change my mind? Yes. You can revoke the TOD deed. No one, including the beneficiaries, can prevent you from revoking the deed.

How do I revoke the TOD deed after it is recorded? There are three ways to revoke a recorded TOD deed:

(1) Complete and acknowledge a revocation form, and record it in each county where the property is located.

(2) Complete and acknowledge a new TOD deed that disposes of the same property, and record it in each county where the property is located.

(3) Transfer the property to someone else during your lifetime by a recorded deed that expressly revokes the TOD deed. You may not revoke the TOD deed by will.

I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.

Do I need to tell the beneficiaries about the TOD deed? No, but it is recommended. Secrecy can cause later complications and might make it easier for others to commit fraud.

I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, you are encouraged to consult a lawyer.
Mont. Code Ann. § 72-6-202 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-202
72-6-202 Limitation on scope of part
Status: in_force

72-6-202 . Limitation on scope of part. This part does not apply to:

(1) an account established for a partnership, joint venture, or other organization for a business purpose;

(2) an account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization; or

(3) a fiduciary or trust account in which the relationship is established other than by the terms of the account.
Mont. Code Ann. § 72-38-1009 — MT Code / Title 72 / Chapter 38 / Part 10 / Section 72-38-1009
72-38-1009 Beneficiary's consent, release, or ratification
Status: in_force

72-38-1009 . Beneficiary's consent, release, or ratification. A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach unless:

(1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or

(2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
Mont. Code Ann. § 72-6-212 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-212
72-6-212 Rights at death
Status: in_force

72-6-212 . Rights at death. (1) Except as otherwise provided in this part, on the death of a party, sums on deposit in a multiple-party account belong to the surviving party or parties. If two or more parties survive and one is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under 72-6-211 belongs to the surviving spouse. If two or more parties survive and none is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under 72-6-211 belongs to the surviving parties in equal shares and augments the proportion to which each survivor, immediately before the decedent's death, was beneficially entitled under 72-6-211 and the right of survivorship continues between the surviving parties.

(2) In an account with a POD designation:

(a) on the death of one of two or more parties, the rights in sums on deposit are governed by subsection (1);

(b) on the death of the sole party or the last survivor of two or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries. If two or more beneficiaries survive, sums on deposit belong to them in equal and undivided shares and there is no right of survivorship in the event of the death of a beneficiary thereafter. If no beneficiary survives, sums on deposit belong to the estate of the last-surviving party.

(3) Sums on deposit in a single-party account without a POD designation, or in a multiple-party account that, by the terms of the account, is without right of survivorship, are not affected by the death of a party, but the amount to which the decedent, immediately before death, was beneficially entitled under 72-6-211 is transferred as part of the decedent's estate. A POD designation in a multiple-party account without right of survivorship is ineffective. For purposes of this section, designation of an account as a tenancy in common establishes that the account is without right of survivorship.

(4) The ownership right of a surviving party or beneficiary, or of the decedent's estate, in sums on deposit is subject to requests for payment made by a party before the party's death, whether paid by the financial institution before or after death or unpaid. The surviving party or beneficiary, or the decedent's estate, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section, to the extent necessary to discharge the request for payment.
Mont. Code Ann. § 72-5-321 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-321
72-5-321 Powers and duties of guardian of incapacitated person
Status: in_force

72-5-321 . Powers and duties of guardian of incapacitated person. (1) The powers and duties of a limited guardian are those specified in the order appointing the guardian. The limited guardian is required to report the condition of the incapacitated person and of the estate that has been subject to the guardian's possession and control, as required by the court or by court rule.

(2) A full guardian of an incapacitated person has the same powers, rights, and duties respecting the ward that a parent has respecting an unemancipated minor child, except that a guardian is not liable to third persons for acts of the ward solely by reason of the parental relationship. In particular and without qualifying the foregoing, a full guardian has the following powers and duties, except as limited by order of the court:

(a) To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, the full guardian is entitled to custody of the person of the ward and may establish the ward's place of residence within or outside of this state.

(b) If entitled to custody of the ward, the full guardian shall make provision for the care, comfort, and maintenance of the ward and whenever appropriate arrange for the ward's training and education. Without regard to custodial rights of the ward's person, the full guardian shall take reasonable care of the ward's clothing, furniture, vehicles, and other personal effects and commence protective proceedings if other property of the ward is in need of protection.

(c) A full guardian may give any consents or approvals that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment, or service. This subsection (2)(c) does not authorize a full guardian to consent to the withholding or withdrawal of life-sustaining treatment or to a do not resuscitate order if the full guardian does not have authority to consent pursuant to the Montana Rights of the Terminally Ill Act, Title 50, chapter 9, or to the do not resuscitate provisions of Title 50, chapter 10. A full guardian may petition the court for authority to consent to the withholding or withdrawal of life-sustaining treatment or to a do not resuscitate order. The court may not grant that authority if it conflicts with the ward's wishes to the extent that those wishes can be determined. To determine the ward's wishes, the court shall determine by a preponderance of evidence if the ward's substituted judgment, as applied to the ward's current circumstances, conflicts with the withholding or withdrawal of life-sustaining treatment or a do not resuscitate order.

(d) If a conservator for the estate of the ward has not been appointed, a full guardian may:

(i) institute proceedings to compel any person under a duty to support the ward or to pay sums for the welfare of the ward to perform that person's duty;

(ii) receive money and tangible property deliverable to the ward and apply the money and property for support, care, and education of the ward. However, the full guardian may not use funds from the ward's estate for room and board that the full guardian or the full guardian's spouse, parent, or child has furnished the ward unless a charge for the service is approved by order of the court made upon notice to at least one of the next of kin of the incompetent ward, if notice is possible. The full guardian must exercise care to conserve any excess for the ward's needs.

(e) Unless waived by the court, a full guardian is required to report the condition of the ward and of the estate that has been subject to the full guardian's possession or control annually for the preceding year. A copy of the report must be served upon the ward's parent, child, or sibling if that person has made an effective request under 72-5-318 .

(f) If a conservator has been appointed, all of the ward's estate received by the full guardian in excess of those funds expended to meet current expenses for support, care, and education of the ward must be paid to the conservator for management as provided in this chapter, and the full guardian must account to the conservator for funds expended.

(3) Upon failure, as determined by the clerk of court, of the guardian to file an annual report, the court shall order the guardian to file the report and give good cause for the guardian's failure to file a timely report.

(4) Any full guardian of one for whom a conservator also has been appointed shall control the custody and care of the ward. A limited guardian of a person for whom a conservator has been appointed shall control those aspects of the custody and care of the ward over which the limited guardian is given authority by the order establishing the limited guardianship. The full guardian or limited guardian is entitled to receive reasonable sums for the guardian's services and for room and board furnished to the ward as agreed upon between the guardian and the conservator, provided the amounts agreed upon are reasonable under the circumstances. The full guardian or limited guardian authorized to oversee the incapacitated person's care may request the conservator to expend the ward's estate by payment to third persons or institutions for the ward's care and maintenance.

(5) Except as provided in subsection (6), a full guardian or limited guardian may not involuntarily commit for mental health treatment or for treatment of a developmental disability or for observation or evaluation a ward who is unwilling or unable to give informed consent to commitment, except as provided in 72-5-322 , unless the procedures for involuntary commitment set forth in Title 53, chapters 20 and 21, are followed. This chapter does not abrogate any of the rights of mentally disabled persons provided for in Title 53, chapters 20 and 21.

(6) (a) If the court has found that a ward has a primary diagnosis of a major neurocognitive disorder, as defined in the fifth edition of the diagnostic and statistical manual of mental disorders adopted by the American psychiatric association, and because of this disorder the ward is unwilling or unable to give informed consent to treatment, a full guardian or limited guardian may seek admission of the ward for stabilization and treatment to a hospital, skilled nursing facility, or another appropriate treatment facility other than the Montana state hospital.

(b) If the ward is admitted to the Montana mental health nursing care center, the court shall review every 90 days whether the Montana mental health nursing care center is the appropriate placement for the ward or whether a less restrictive placement exists.

(7) Upon the death of a full guardian's or limited guardian's ward, the full guardian or limited guardian, upon an order of the court and if there is no personal representative authorized to do so, may make necessary arrangements for the removal, transportation, and final disposition of the ward's physical remains, including burial, entombment, or cremation, and for the receipt and disposition of the ward's clothing, furniture, and other personal effects that may be in the possession of the person in charge of the ward's care, comfort, and maintenance at the time of the ward's death.
Mont. Code Ann. § 72-2-534 — MT Code / Title 72 / Chapter 2 / Part 5 / Section 72-2-534
72-2-534 Contracts concerning succession
Status: in_force

72-2-534 . Contracts concerning succession. (1) A contract to make a will or devise or not to revoke a will or devise or to die intestate, if executed after July 1, 1975, may be established only by:

(a) provisions of a will stating material provisions of the contract;

(b) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or

(c) a writing signed by the decedent evidencing the contract.

(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
Mont. Code Ann. § 72-1-204 — MT Code / Title 72 / Chapter 1 / Part 2 / Section 72-1-204
72-1-204 Records and certified copies
Status: in_force

72-1-204 . Records and certified copies. (1) The clerk of court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, and of any orders or responses relating thereto by the clerk or court and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information.

(2) Upon payment of the fees required by law, the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded.

(3) Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment.
Mont. Code Ann. § 72-26-602 — MT Code / Title 72 / Chapter 26 / Part 6 / Section 72-26-602
72-26-602 Single custodianship
Status: in_force

72-26-602 . Single custodianship. A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
Mont. Code Ann. § 72-38-413 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-413
72-38-413 Cy pres
Status: in_force

72-38-413 . Cy pres. (1) Except as otherwise provided in subsection (2), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful:

(a) the trust does not fail, in whole or in part;

(b) the trust property does not revert to the settlor or the settlor's successors in interest; and

(c) the court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes.

(2) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (1) to apply cy pres to modify or terminate the trust only if, when the provision takes effect:

(a) the trust property is to revert to the settlor and the settlor is still living; or

(b) fewer than 21 years have elapsed since the date of the trust's creation.
Mont. Code Ann. § 72-38-218 — MT Code / Title 72 / Chapter 38 / Part 2 / Section 72-38-218
72-38-218 Authority to make necessary orders -- temporary trustee
Status: in_force

72-38-218 . Authority to make necessary orders -- temporary trustee. The court in its discretion may make any orders and take any other action necessary or proper to dispose of the matters presented by the petition, including appointment of a temporary trustee to administer the trust in whole or in part.
Mont. Code Ann. § 72-6-403 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-403
72-6-403 Nonexclusivity
Status: in_force

72-6-403 . Nonexclusivity. This part does not affect any method of transferring property otherwise permitted under the law of this state.
Mont. Code Ann. § 72-3-1101 — MT Code / Title 72 / Chapter 3 / Part 11 / Section 72-3-1101
72-3-1101 Collection of personal property by affidavit
Status: in_force

72-3-1101 . Collection of personal property by affidavit. (1) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(a) the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, except as provided in subsection (2);

(b) 30 days have elapsed since the death of the decedent;

(c) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and

(d) the claiming successor is entitled to payment or delivery of the property.

(2) The department of revenue may refund unclaimed property to a successor of the decedent, pursuant to the provisions of Title 70, chapter 9, part 8, if the value of the unclaimed property is $5,000 or less regardless of the value of the estate.

(3) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (1).
Mont. Code Ann. § 72-3-913 — MT Code / Title 72 / Chapter 3 / Part 9 / Section 72-3-913
72-3-913 Interest on general pecuniary devise
Status: in_force

72-3-913 . Interest on general pecuniary devise. General pecuniary devises bear interest at the legal rate beginning 1 year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will.
Mont. Code Ann. § 72-2-1005 — MT Code / Title 72 / Chapter 2 / Part 10 / Section 72-2-1005
72-2-1005 Exclusions from statutory rule against perpetuities
Status: in_force

72-2-1005 . Exclusions from statutory rule against perpetuities. Section 72-2-1002 does not apply to:

(1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of a:

(a) premarital or postmarital agreement;

(b) separation or divorce settlement;

(c) spouse's election;

(d) similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;

(e) contract to make or not to revoke a will or trust;

(f) contract to exercise or not to exercise a power of appointment;

(g) transfer in satisfaction of a duty of support; or

(h) reciprocal transfer;

(2) a fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;

(3) the power to appoint a fiduciary;

(4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;

(5) a nonvested property interest held by a charity, government, or governmental agency or subdivision if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;

(6) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees or independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or

(7) a property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state.
Mont. Code Ann. § 72-3-102 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-102
72-3-102 Necessity of order of probate of will
Status: in_force

72-3-102 . Necessity of order of probate of will. Except as provided in 72-3-1101 , to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the clerk or an adjudication of probate by the court.
Mont. Code Ann. § 72-15-102 — MT Code / Title 72 / Chapter 15 / Part 1 / Section 72-15-102
72-15-102 When public administrator to take charge of estate
Status: in_force

72-15-102 . When public administrator to take charge of estate. (1) A public administrator who is duly elected, commissioned, and qualified shall take charge of estates of persons dying within the administrator's county as follows:

(a) estates of decedents for which no administrators are appointed and that, in consequence of the lack of administration, are being wasted, uncared for, or lost;

(b) estates of decedents who have no known heirs;

(c) estates ordered into the administrator's hands by the court; and

(d) estates upon which letters of administration have been issued to the administrator by the court.

(2) However, it is unlawful for a public administrator of any county of the state of Montana to file a petition for the issuance to the public administrator as public administrator of letters of administration of the estate of any decedent until at least 30 days have elapsed from the day of the death of the decedent unless it is affirmatively shown and made to appear in and by the petition for letters of administration that there are no known heirs of the decedent or that all of the known heirs of the decedent reside outside of the state of Montana and that the estate of the decedent consists of property of a nature that it will be lost, wasted, or depreciated in value unless cared for and administered upon at once.
Mont. Code Ann. § 72-38-804 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-804
72-38-804 Prudent administration
Status: in_force

72-38-804 . Prudent administration. A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
Mont. Code Ann. § 72-38-109 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-109
72-38-109 Methods and waiver of notice
Status: in_force

72-38-109 . Methods and waiver of notice. (1) (a) Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document.

(b) Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last-known place of residence or place of business, or a properly directed electronic message.

(c) Notice of at least 30 days prior to the event for which notice is given is considered to be reasonable unless otherwise specifically provided in this chapter.

(2) Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.

(3) Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.

(4) Notice of a judicial proceeding must be given as provided in 72-38-208 through 72-38-212 .
Mont. Code Ann. § 72-3-401 — MT Code / Title 72 / Chapter 3 / Part 4 / Section 72-3-401
72-3-401 Supervised administration -- nature and purpose -- presumptive entitlement
Status: in_force

72-3-401 . Supervised administration -- nature and purpose -- presumptive entitlement. Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court, which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this part, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.
Mont. Code Ann. § 72-38-131 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-131
72-38-131 When use of notice authorized
Status: in_force

72-38-131 . When use of notice authorized. (1) The trustee who elects to provide notice pursuant to this part shall provide notice of the proposed action or notice of proposed inaction to each qualified beneficiary as provided in 72-38-130 through 72-38-134 .

(2) Notwithstanding any other provisions of 72-38-130 through 72-38-134 , the trustee may not use a notice of proposed action or notice of proposed inaction in any of the following circumstances:

(a) allowance of the trustee's compensation;

(b) allowance of compensation of the attorney for the trustee;

(c) settlement of accounts or reports;

(d) preliminary and final distributions and discharge;

(e) sale of property of the trust to the trustee or to the attorney for the trustee;

(f) exchange of property of the trust for property of the trustee or for property of the attorney for the trustee;

(g) grant of an option to purchase property of the trust to the trustee or to the attorney for the trustee;

(h) allowance, payment, or compromise of a claim of the trustee, or the attorney for the trustee, against the trust;

(i) compromise of settlement of a claim, action, or proceeding by the trust against the trustee or against the attorney for the trust; and

(j) extension, renewal, or modification of the terms of a debt or other obligation of the trustee, or the attorney for the trustee, owing to or in favor of the trust.

(3) Notice of proposed action or notice of proposed inaction is not required to be given to a qualified beneficiary who consents in writing to the proposed action or inaction. The consent may be executed at any time before or after the effective date of the proposed action or inaction.

(4) A trustee is not required to provide a copy of the notice of the proposed action or notice of proposed inaction to a qualified beneficiary who is known to the trustee but who cannot be located by the trustee after reasonable diligence or who is unknown to the trustee.
Mont. Code Ann. § 72-12-406 — MT Code / Title 72 / Chapter 12 / Part 4 / Section 72-12-406
72-12-406 Petitioner to pay all fees
Status: in_force

72-12-406 . Petitioner to pay all fees. All fees and expenses arising from the procedure outlined in this part, including the cost of photocopying the will, the expense of all registered or certified mailings, and the handwriting expert's fee, shall be paid by the party requesting the handwriting analysis.
Mont. Code Ann. § 72-31-354 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-354
72-31-354 Agent's certification
Status: in_force

72-31-354 . Agent's certification. The following optional form may be used by an agent to certify facts concerning a power of attorney.

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of .....................................

County of......................................

I, ............................................ (Name of Agent), certify under penalty of perjury that ......................(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ..........................

I further certify that to my knowledge:

(1) the principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;

(2) if the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(4) .................................................................

(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

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

Agent's Signature Date

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

Agent's Name Printed

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

Agent's Address

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

Agent's Telephone Number

This document was acknowledged before me on.............,

(Date)

by..................................

(Name of Agent) ............................... (Seal, if any)

Signature of Notary

My commission expires: ........................

This document prepared by:

..............................................................
Mont. Code Ann. § 72-7-307 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-307
72-7-307 Impermissible appointment
Status: in_force

72-7-307 . Impermissible appointment. (1) Except as otherwise provided in 72-7-306 , an exercise of a power of appointment in favor of an impermissible appointee is ineffective.

(2) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.
Mont. Code Ann. § 72-5-601 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-601
72-5-601 Short title
Status: in_force

72-5-601 . Short title. This part may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".
Mont. Code Ann. § 72-39-215 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-215
72-39-215 Tax-related limitations
Status: in_force

72-39-215 . Tax-related limitations. (1) In this section:

(a) "Grantor trust" means a trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. 671 through 677, as amended, or 26 U.S.C. 679, as amended.

(b) "Internal Revenue Code" means the United States Internal Revenue Code of 1986, as amended.

(c) "Nongrantor trust" means a trust that is not a grantor trust.

(d) "Qualified benefits property" means property subject to the minimum distribution requirements of 26 U.S.C. 401(a)(9), as amended, and any applicable regulations, or to any similar requirements that refer to 26 U.S.C. 401(a)(9) or the regulations.

(2) An exercise of the decanting power is subject to the following limitations:

(a) If a first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for a marital deduction for purposes of the gift or estate tax under the Internal Revenue Code or a state gift, estate, or inheritance tax, the second-trust instrument may not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified.

(b) If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for a charitable deduction for purposes of the income, gift, or estate tax under the Internal Revenue Code or a state income, gift, estate, or inheritance tax, the second-trust instrument may not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified.

(c) If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for the exclusion from the gift tax described in 26 U.S.C. 2503(b), as amended, the second-trust instrument may not include or omit a term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under 26 U.S.C. 2503(b), as amended. If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for the exclusion from the gift tax described in 26 U.S.C. 2503(b), as amended, by application of 26 U.S.C. 2503(c), as amended, the second-trust instrument may not include or omit a term that, if included or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under 26 U.S.C. 2503(c), as amended.

(d) If the property of the first trust includes shares of stock in an S corporation, as defined in 26 U.S.C. 1361, as amended, and the first trust is, or but for provisions of this chapter other than this section would be, a permitted shareholder under any provision of 26 U.S.C. 1361, as amended, an authorized fiduciary may exercise the power with respect to part or all of the S-corporation stock only if any second trust receiving the stock is a permitted shareholder under 26 U.S.C. 1361(c)(2), as amended. If the property of the first trust includes shares of stock in an S corporation and the first trust is, or but for provisions of this chapter other than this section would be, a qualified subchapter-S trust within the meaning of 26 U.S.C. 1361(d), as amended, the second-trust instrument may not include or omit a term that prevents the second trust from qualifying as a qualified subchapter-S trust.

(e) If the first trust contains property that qualified, or would have qualified but for provisions of this chapter other than this section, for a zero inclusion ratio for purposes of the generation-skipping transfer tax under 26 U.S.C. 2642(c), as amended, the second-trust instrument may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the transfer to the first trust from qualifying for a zero inclusion ratio under 26 U.S.C. 2642(c), as amended.

(f) If the first trust is directly or indirectly the beneficiary of qualified benefits property, the second-trust instrument may not include or omit any term that, if included in or omitted from the first-trust instrument, would have increased the minimum distributions required with respect to the qualified benefits property under 26 U.S.C. 401(a)(9), as amended, and any applicable regulations, or any similar requirements that refer to 26 U.S.C. 401(a)(9), as amended, or the regulations. If an attempted exercise of the decanting power violates the preceding sentence, the trustee is deemed to have held the qualified benefits property and any reinvested distributions of the property as a separate share from the date of the exercise of the power and 72-39-218 applies to the separate share.

(g) If the first trust qualifies as a grantor trust because of the application of 26 U.S.C. 672(f)(2)(A), as amended, the second trust may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the first trust from qualifying under 26 U.S.C. 672(f)(2)(A), as amended.

(h) In this subsection (2)(h), "tax benefit" means a federal or state tax deduction, exemption, exclusion, or other benefit not otherwise listed in this section, except for a benefit arising from being a grantor trust. Subject to subsection (2)(h)(i) and (2)(h)(ii) below, a second-trust instrument may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented qualification for a tax benefit if:

(i) the first-trust instrument expressly indicates an intent to qualify for the benefit or the first-trust instrument clearly is designed to enable the first trust to qualify for the benefit; and

(ii) the transfer of property held by the first trust or the first trust qualified, or but for provisions of this chapter other than this section, would have qualified for the tax benefit.

(i) Subject to subsection (2)(d):

(i) except as otherwise provided in subsection (2)(g), the second trust may be a nongrantor trust, even if the first trust is a grantor trust; and

(ii) except as otherwise provided in subsection (2)(j), the second trust may be a grantor trust, even if the first trust is a nongrantor trust.

(j) An authorized fiduciary may not exercise the decanting power if a settlor objects in a signed record delivered to the fiduciary within the notice period and:

(i) the first trust and a second trust are both grantor trusts, in whole or in part, the first trust grants the settlor or another person the power to cause the first trust to cease to be a grantor trust, and the second trust does not grant an equivalent power to the settlor or other person; or

(ii) the first trust is a nongrantor trust and a second trust is a grantor trust, in whole or in part, with respect to the settlor, unless:

(A) the settlor has the power at all times to cause the second trust to cease to be a grantor trust; or

(B) the first-trust instrument contains a provision granting the settlor or another person a power that would cause the first trust to cease to be a grantor trust and the second-trust instrument contains the same provision.
Mont. Code Ann. § 72-14-205 — MT Code / Title 72 / Chapter 14 / Part 2 / Section 72-14-205
72-14-205 Unsold intangible personal property -- how disposed of -- auction sale
Status: in_force

72-14-205 . Unsold intangible personal property -- how disposed of -- auction sale. (1) If the intangible personal property in an escheated estate was not sold by the personal representative at the final settlement of the estate, then the personal representative shall deliver all of the property to the department of revenue with a statement setting forth the name of the estate to which it belongs. The department shall, within 1 year of the receipt of the property, sell the property to the highest bidder at a public auction sale at the department's office in Helena, Montana.

(2) The department shall give notice of the sale by publication in a Helena newspaper once a week for 2 successive weeks. 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 list and description of the stocks, bonds, securities, or other intangible personal property to be sold.

(3) All of the expenses of the sale must be deducted from the proceeds of the sale by the department, and the balance of the proceeds must be delivered by the department to the state treasurer for deposit in the private purpose trust fund.
Mont. Code Ann. § 72-5-313 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-313
72-5-313 Visitor in guardianship proceedings defined
Status: in_force

72-5-313 . Visitor in guardianship proceedings defined. A visitor is, with respect to guardianship proceedings, a person who is trained in law, nursing, social work, medical care, mental health care, pastoral care, education, or rehabilitation and is an officer, employee, or special appointee of the court with no personal interest in the proceedings.
Mont. Code Ann. § 72-38-124 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-124
72-38-124 Resulting trusts -- constructive trusts -- statute of frauds
Status: in_force

72-38-124 . Resulting trusts -- constructive trusts -- statute of frauds. Resulting trusts and constructive trusts are considered to arise by operation of law and are valid under 72-38-407 (3).
Mont. Code Ann. § 72-7-309 — MT Code / Title 72 / Chapter 7 / Part 3 / Section 72-7-309
72-7-309 Capture doctrine -- disposition of ineffectively appointed property under general power
Status: in_force

72-7-309 . Capture doctrine -- disposition of ineffectively appointed property under general power. To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:

(1) the gift-in-default clause controls the disposition of the ineffectively appointed property; or

(2) if there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:

(a) passes to:

(i) the powerholder if the powerholder is a permissible appointee and living; or

(ii) if the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or

(b) if there is no taker under subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
Mont. Code Ann. § 72-34-430 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-430
72-34-430 Beneficiary's entitlement to net income -- assets subject to trust -- assets subject to successive income interest -- termination of income interest
Status: in_force

72-34-430 . Beneficiary's entitlement to net income -- assets subject to trust -- assets subject to successive income interest -- termination of income interest. (1) An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest.

(2) An asset becomes subject to a trust at the following times:

(a) in the case of an asset that is transferred to a trust during the transferor's life, on the date it is transferred to the trust;

(b) in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate, on the date of the testator's death; or

(c) in the case of an asset that is transferred to a fiduciary by a third party because of the individual's death, on the date of the individual's death.

(3) An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection (4), even if there is an intervening period of administration to wind up the preceding income interest.

(4) An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income.
Mont. Code Ann. § 72-3-811 — MT Code / Title 72 / Chapter 3 / Part 8 / Section 72-3-811
72-3-811 Secured claims
Status: in_force

72-3-811 . Secured claims. Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders the creditor's security. Otherwise, payment is upon the basis of one of the following:

(1) if the creditor exhausts the creditor's security before receiving payment, unless precluded by other law, upon the amount of the claim allowed less the fair value of the security; or

(2) if the creditor does not have the right to exhaust the creditor's security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.
Mont. Code Ann. § 72-5-624 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-624
72-5-624 Transfer of guardianship or conservatorship to another state
Status: in_force

72-5-624 . Transfer of guardianship or conservatorship to another state. (1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.

(2) Notice of a petition under subsection (1) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.

(3) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (1).

(4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:

(a) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

(b) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and

(c) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.

(5) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:

(a) the protected person is physically present in or is reasonably expected to move permanently to the other state or the protected person has a significant connection to the other state considering the factors in 72-5-611 (2);

(b) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

(c) adequate arrangements will be made for management of the protected person's property.

(6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:

(a) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred that is issued under provisions similar to 72-5-625 ; and

(b) the documents required to terminate a guardianship or conservatorship in this state.
Mont. Code Ann. § 72-31-302 — MT Code / Title 72 / Chapter 31 / Part 3 / Section 72-31-302
72-31-302 Definitions
Status: in_force

72-31-302 . Definitions. As used in this part, the following definitions apply:

(1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent's authority is delegated.

(2) "Durable", with respect to a power of attorney, means not terminated by the principal's incapacity.

(3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(4) "Good faith" means honesty in fact.

(5) "Incapacity" means inability of an individual to manage property or business affairs because the individual:

(a) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

(b) is:

(i) missing; or

(ii) outside the United States and unable to return.

(6) "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.

(7) "Power of attorney" means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.

(8) (a) "Presently exercisable general power of appointment", with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the creditors of the principal's estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period.

(b) The term does not include a power exercisable in a fiduciary capacity or only by will.

(9) "Principal" means an individual who grants authority to an agent in a power of attorney.

(10) "Property" means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.

(11) "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.

(12) "Sign" means, with present intent to authenticate or adopt a record:

(a) to execute or adopt a tangible symbol; or

(b) to attach to or logically associate with the record an electronic sound, symbol, or process.

(13) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(14) "Stocks and bonds" means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes.
Mont. Code Ann. § 72-38-824 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-824
72-38-824 Incorporation in trust instruments
Status: in_force

72-38-824 . Incorporation in trust instruments. The provisions of 72-38-821 through 72-38-823 and 72-38-826 must be considered to be contained in the terms of the trust to which 72-38-820 through 72-38-826 apply. Any term of the trust inconsistent with or contrary to 72-38-820 through 72-38-826 is without effect unless that term is more restrictive.
Mont. Code Ann. § 72-38-702 — MT Code / Title 72 / Chapter 38 / Part 7 / Section 72-38-702
72-38-702 Trustee's bond
Status: in_force

72-38-702 . Trustee's bond. (1) A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.

(2) The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time.

(3) A regulated financial-service institution qualified to do trust business in this state need not give bond, even if required by the terms of the trust.
Mont. Code Ann. § 72-17-109 — MT Code / Title 72 / Chapter 17 / Part 1 / Section 72-17-109
72-17-109 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

72-17-109 . Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and 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(a) of that act, 15 U.S.C. 7001, 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. § 72-2-813 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-813
72-2-813 Effect of financial exploitation or homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations
Status: in_force

72-2-813 . Effect of financial exploitation or homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations. (1) For purposes of this section, the following definitions apply:

(a) "Abuser" means a person who participates in the willful and unlawful financial exploitation of a vulnerable adult.

(b) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument.

(c) "Financial exploitation" means the act of purposely or knowingly standing in a position of trust and confidence with a vulnerable adult and obtaining, using, or attempting to obtain or use at least $1,000, whether in one or more acts, of a vulnerable adult's money, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the money, assets, or property or to benefit someone other than the vulnerable adult. Financial exploitation may include but is not limited to:

(i) acting or failing to act, including through the use of a power of attorney, guardianship, or conservatorship of a vulnerable adult, in order to:

(A) obtain control through deception, intimidation, fraud, menace, or undue influence over a vulnerable adult's money, assets, or property to deprive the vulnerable adult of the ownership, use, benefit, or possession of the money, assets, or property; or

(B) convert money, assets, or property of a vulnerable adult to deprive the vulnerable adult of the ownership, use, benefit, or possession of the money, assets, or property;

(ii) misappropriating or misusing money belonging to a vulnerable adult from a personal or joint account; or

(iii) failing to use a vulnerable adult's income and assets to provide the necessities required for the vulnerable adult's support and maintenance.

(d) "Governing instrument" means a governing instrument executed by the decedent.

(e) "Revocable", with respect to a disposition, appointment, provision, or nomination, means one under which the decedent, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the abuser or killer, whether or not the decedent was then empowered to designate the decedent in place of the decedent's abuser or killer and whether or not the decedent then had capacity to exercise the power.

(f) "Vulnerable adult" means a person who is:

(i) 60 years of age or older;

(ii) functionally, mentally, or physically unable to provide self-care;

(iii) deemed incapacitated under 72-5-316 ;

(iv) developmentally disabled;

(v) admitted to a facility licensed by the department of public health and human services;

(vi) receiving services from a home health agency or hospice provider;

(vii) receiving services from an individual provider; or

(viii) self-directing care and receiving services from a personal aide for a physical disability.

(2) An individual who financially exploits or feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property, and a family allowance. If the decedent died intestate, the decedent's intestate estate passes as if the abuser or killer disclaimed the abuser's or killer's intestate share.

(3) The financial exploitation or felonious and intentional killing of the decedent:

(a) revokes any revocable:

(i) disposition or appointment of property made by the decedent to the abuser or killer in a governing instrument;

(ii) provision in a governing instrument conferring a general or nongeneral power of appointment on the abuser or killer; and

(iii) nomination of the abuser or killer in a governing instrument, nominating or appointing the abuser or killer to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, or agent; and

(b) severs the interests of the decedent and the abuser or killer in property held by them at the time of the financial exploitation or killing as joint tenants with the right of survivorship and transforms the interests of the decedent and the abuser or killer into tenancies in common.

(4) A severance under subsection (3)(b) does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the abuser or killer unless a writing declaring the severance has been noted, registered, filed, or recorded in records that are appropriate to the kind and location of the property and that are relied on as evidence of ownership in the ordinary course of transactions involving such property.

(5) Provisions of a governing instrument are given effect as if the abuser or killer disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the abuser or killer predeceased the decedent.

(6) A wrongful acquisition of property or interest by an abuser or killer not covered by this section must be treated in accordance with the principle that an abuser or killer cannot profit from the abuser's or killer's wrong.

(7) After all right to appeal has been exhausted, a judgment of conviction establishing criminal accountability for the financial exploitation or felonious and intentional killing of the decedent conclusively establishes the convicted individual as the decedent's abuser or killer for purposes of this section. In the absence of a conviction, the court, upon the petition of an interested person, shall determine whether, under the preponderance of evidence standard, the individual would be found criminally accountable for the financial exploitation or felonious and intentional killing of the decedent. If the court determines that under that standard the individual would be found criminally accountable for the financial exploitation or felonious and intentional killing of the decedent, the determination conclusively establishes the individual as the decedent's abuser or killer for purposes of this section.

(8) (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 affected by financial exploitation or an intentional and felonious killing, or for having taken any other action in good faith reliance on the validity of the governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice of a claimed forfeiture or revocation under this section. A payor or other third party does not have a duty or obligation to make any determination as to whether the decedent was a victim of a homicide or to seek any evidence with respect to a homicide even if the circumstances of the decedent's death are suspicious or questionable as to the beneficiary's participation in a homicide. A payor or other third party does not have a duty or obligation to make any determination as to whether the decedent was a victim of financial exploitation or to seek any evidence with respect to financial exploitation even if the circumstances are suspicious or questionable as to the beneficiary's participation in financial exploitation. A payor or other third party is only liable for actions taken 2 or more business days after the actual receipt by the payor or other third party of written notice. The payor or other third party may be liable for actions taken pursuant to the governing instrument only if the form of the service is that described in subsection (8)(b).

(b) The written notice must indicate the name of the decedent, the name of the person asserting an interest, the nature of the payment or item of property or other benefit, and a statement that a claim of forfeiture or revocation is being made under this section. Written notice of a claimed forfeiture or revocation under subsection (8)(a) must be mailed to the payor's or other third party's main office or home by certified mail, return receipt requested, or served on 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 a claimed forfeiture or revocation 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. In addition to the actions available under this section, the payor or other third party may take any 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 to the court of amounts owed or transferred to or deposited with the court or any item of property. 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. A filing fee, if any, may be charged upon disbursement either to the recipient or against the funds or property on deposit with the court, in the discretion of the court. 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.

(9) (a) A bona fide purchaser who purchases property 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.

(10) For the purposes of this section, a felonious and intentional killing includes a deliberate homicide as defined in 45-5-102 and a mitigated deliberate homicide as defined in 45-5-103 .
Mont. Code Ann. § 72-2-1001 — MT Code / Title 72 / Chapter 2 / Part 10 / Section 72-2-1001
72-2-1001 Short title
Status: in_force

72-2-1001 . Short title. This part may be cited as the "Uniform Statutory Rule Against Perpetuities".
Mont. Code Ann. § 72-2-413 — MT Code / Title 72 / Chapter 2 / Part 4 / Section 72-2-413
72-2-413 Exempt property
Status: in_force

72-2-413 . Exempt property. In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value, not exceeding $15,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the decedent's children are entitled jointly to the same value. If encumbered chattels are selected and if the value in excess of security interests, plus that of other exempt property, is less than $15,000 or if there is not $15,000 worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the $15,000 value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, but the right to any assets to make up a deficiency of exempt property abates as necessary to permit earlier payment of homestead allowance and family allowance. These rights are in addition to any benefit or share passing to the surviving spouse or children by the decedent's will unless otherwise provided, by intestate succession, or by way of elective share.
Mont. Code Ann. § 72-2-243 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-243
72-2-243 Effect of premarital or marital agreement right to elect and of other rights
Status: in_force

72-2-243 . Effect of premarital or marital agreement right to elect and of other rights. (1) In this section, "agreement" includes a subsequent agreement that affirms, modifies, or waives an earlier agreement.

(2) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or any of them, may be affirmed, modified, or waived wholly or partially, only by a written agreement signed by the surviving spouse, before or after the marriage. The agreement is enforceable without consideration.

(3) An agreement under subsection (2) is not enforceable if the surviving spouse proves that:

(a) the agreement was involuntary or the result of duress;

(b) the surviving spouse did not have access to independent legal representation under subsection (4);

(c) unless the surviving spouse had independent legal representation when the agreement was executed, the agreement did not include an explanation in plain language of the rights under subsection (2) being affirmed, modified, or waived; or

(d) before signing the agreement, the surviving spouse did not receive adequate financial disclosure under subsection (5).

(4) A surviving spouse had access to independent legal representation if:

(a) before signing an agreement, the surviving spouse had a reasonable time to:

(i) decide whether to retain a lawyer to provide independent legal representation; and

(ii) locate a lawyer to provide independent legal representation, obtain the lawyer's advice, and consider the advice provided; and

(b) the other spouse was represented by a lawyer and the surviving spouse had the financial ability to retain a lawyer or the other spouse agreed to pay the reasonable fees and expenses of independent legal representation.

(5) A surviving spouse had adequate financial disclosure under this section if the surviving spouse:

(a) received a reasonably accurate description and good-faith estimate of the value of the property, liabilities, and income of the other spouse;

(b) expressly waived, in a separate signed record, the right to financial disclosure beyond the disclosure provided; or

(c) had adequate knowledge or a reasonable basis for having adequate knowledge of the information described in subsection (5)(a).

(6) Unless an agreement under subsection (2) provides to the contrary, a waiver of "all rights," or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share, homestead allowance, exempt property, and family allowance by the spouse in the property of the other spouse and a renunciation of all benefits that would otherwise pass to the renouncing spouse by intestate succession or by virtue of any will executed before the waiver or property settlement.
Mont. Code Ann. § 72-30-208 — MT Code / Title 72 / Chapter 30 / Part 2 / Section 72-30-208
72-30-208 Standard of conduct in managing and investing institutional fund
Status: in_force

72-30-208 . Standard of conduct in managing and investing institutional fund. (1) Subject to the intent of a donor expressed in a gift instrument or instrument of donor intent, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund.

(2) In addition to complying with the duty of loyalty imposed by law other than this chapter, each person responsible for managing and investing an institutional fund shall manage and invest the fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances.

(3) In managing and investing an institutional fund, an institution:

(a) may incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the institution, and the skills available to the institution; and

(b) shall make a reasonable effort to verify facts relevant to the management and investment of the fund.

(4) An institution may pool two or more institutional funds for purposes of management and investment.

(5) Except as otherwise provided by a gift instrument or instrument of donor intent, the following rules apply:

(a) In managing and investing an institutional fund, the following factors, if relevant, must be considered:

(i) general economic conditions;

(ii) the possible effect of inflation or deflation;

(iii) the expected tax consequences, if any, of investment decisions or strategies;

(iv) the role that each investment or course of action plays within the overall investment portfolio of the fund;

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

(vi) other resources of the institution;

(vii) the needs of the institution and the fund to make distributions and to preserve capital; and

(viii) an asset's special relationship or special value, if any, to the charitable purposes of the institution.

(b) Management and investment decisions about an individual asset must be made not in isolation but rather in the context of the institutional fund's portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the fund and to the institution.

(c) Except as otherwise provided by law other than this chapter, an institution may invest in any kind of property or type of investment consistent with this section.

(d) An institution shall diversify the investments of an institutional fund unless the institution reasonably determines that, because of special circumstances, the purposes of the fund are better served without diversification or unless the gift instrument or instrument of donor intent provides otherwise.

(e) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to rebalance a portfolio, in order to bring the institutional fund into compliance with the purposes, terms, and distribution requirements of the institution as necessary to meet other circumstances of the institution and the requirements of this chapter.

(f) A person that has special skills or expertise or is selected in reliance upon the person's representation that the person has special skills or expertise has a duty to use those skills or that expertise in managing and investing institutional funds.
Mont. Code Ann. § 72-9-120 — MT Code / Title 72 / Chapter 9 / Part 1 / Section 72-9-120
72-9-120 Uniformity of application and construction
Status: in_force

72-9-120 . Uniformity of application and construction. Any person applying and interpreting this part shall do so as to make uniform the law with respect to the subject of this part among those states that enact it.
Mont. Code Ann. § 72-4-306 — MT Code / Title 72 / Chapter 4 / Part 3 / Section 72-4-306
72-4-306 Payment of debt and delivery of property to foreign representative
Status: in_force

72-4-306 . Payment of debt and delivery of property to foreign representative. At any time after the expiration of 60 days from the death of a nonresident decedent, a person indebted to the estate of the nonresident decedent or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt or deliver the personal property or the instrument evidencing the debt, obligation, stock, or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the domiciliary foreign personal representative's appointment and an affidavit made by or on behalf of the representative, stating:

(1) the date of the death of the nonresident decedent;

(2) that no local administration or application or petition for local administration is pending in this state;

(3) that the domiciliary foreign personal representative is entitled to payment or delivery.
Mont. Code Ann. § 72-5-618 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-618
72-5-618 Notice of proceeding
Status: in_force

72-5-618 . Notice of proceeding. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
Mont. Code Ann. § 72-2-905 — MT Code / Title 72 / Chapter 2 / Part 9 / Section 72-2-905
72-2-905 Certificate
Status: in_force

72-2-905 . Certificate. The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this part for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:

CERTIFICATE

(Convention of October 26, 1973)

I, ______________ (name, address, and capacity), a person authorized to act in connection with international wills, certify that on _________ (date) at ____________ (place) (testator) _________________ (name, address, date, and place of birth) in my presence and that of the witnesses

(a) ______________ (name, address, date, and place of birth)

(b) ______________ (name, address, date, and place of birth) has declared that the attached document is the testator's will and that the testator knows the contents of the will.

I furthermore certify that:

(a) in my presence and in that of the witnesses

(1) the testator has signed the will or has acknowledged the testator's signature previously affixed;

(2) following a declaration of the testator stating that the testator was unable to sign the will for the following reason _________________, I have mentioned this declaration on the will, and the signature has been affixed by _______________ (name and address);

(b) the witnesses and I have signed the will;

*(c) each page of the will has been signed by _____________ and numbered;

(d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;

(e) the witnesses met the conditions requisite to act as such according to the law under which I am acting;

*(f) the testator has requested me to include the following statement concerning the safekeeping of the will:

PLACE OF EXECUTION DATE SIGNATURE and, if necessary, SEAL

* to be completed if appropriate
Mont. Code Ann. § 72-16-901 — MT Code / Title 72 / Chapter 16 / Part 9 / Section 72-16-901
72-16-901 Purpose -- liberal construction to effect
Status: in_force

72-16-901 . Purpose -- liberal construction to effect. It is hereby declared to be the intent and purpose of this part to obtain for this state the benefit of the credit allowed under the provisions of the Internal Revenue Code, to the extent that this state may be entitled by the provisions of said act, by imposing additional taxes, and the same shall be liberally construed to effect this purpose.
Mont. Code Ann. § 72-39-208 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-208
72-39-208 Decanting power under limited distributive discretion
Status: in_force

72-39-208 . Decanting power under limited distributive discretion. (1) In this section, "limited distributive discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.

(2) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.

(3) Under this section and subject to 72-39-210 , a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests that are substantially similar to the beneficial interests of the beneficiary in the first trust.

(4) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if:

(a) the distribution is applied for the benefit of the beneficiary;

(b) the beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under the Montana Uniform Trust Code; or

(c) the distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.

(5) If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion.
Mont. Code Ann. § 72-6-405 — MT Code / Title 72 / Chapter 6 / Part 4 / Section 72-6-405
72-6-405 Transfer on death deed revocable
Status: in_force

72-6-405 . Transfer on death deed revocable. A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
Mont. Code Ann. § 72-3-1012 — MT Code / Title 72 / Chapter 3 / Part 10 / Section 72-3-1012
72-3-1012 Liability of distributees to claimants
Status: in_force

72-3-1012 . Liability of distributees to claimants. (1) After assets of an estate have been distributed and subject to 72-3-1013 , an undischarged claim that is not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property, homestead or family allowances, or for amounts in excess of the value of the distributee's distribution as of the time of distribution or for amounts in excess of the value of the distributee's distribution as of the time of distribution.

(2) As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who fails to notify other distributees of the demand made upon the distributee by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against the distributee loses the right of contribution against other distributees.
Mont. Code Ann. § 72-5-428 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-428
72-5-428 Distributive powers and duties of conservator generally
Status: in_force

72-5-428 . Distributive powers and duties of conservator generally. (1) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care, or benefit of the protected person and the protected person's dependents in accordance with the following principles:

(a) The conservator shall consider recommendations relating to the appropriate standard of support, education, and benefit for the protected person made by a parent or guardian, if any. The conservator may not be surcharged for sums paid to persons or organizations actually furnishing support, education, or care to the protected person pursuant to the recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or guardian is deriving personal financial benefit, including relief from any personal duty of support, or unless the recommendations are clearly not in the best interests of the protected person.

(b) The conservator shall expend or distribute sums reasonably necessary for the support, education, care, or benefit of the protected person with due regard to:

(i) the size of the estate, the probable duration of the conservatorship, and the likelihood that the protected person, at some future time, may be fully able to manage the person's affairs and the estate that has been conserved for the person;

(ii) the accustomed standard of living of the protected person and members of the person's household;

(iii) other funds or sources used for the support of the protected person.

(c) The conservator may expend funds of the estate for the support of persons legally dependent on the protected person and others who are members of the protected person's household who are unable to support themselves and who are in need of support.

(d) Funds expended under this subsection (1) may be paid by the conservator to any person, including the protected person, to reimburse the person for expenditures that the conservator might have made or in advance for services to be rendered to the protected person when it is reasonable to expect that they will be performed and when advance payments are customary or reasonably necessary under the circumstances.

(2) If the estate is ample to provide for the purposes implicit in the distributions authorized by the preceding subsections, a conservator for a protected person other than a minor has power to make gifts to charity and other objects as the protected person might have been expected to make in amounts that do not exceed in total for any year 20% of the income from the estate.
Mont. Code Ann. § 72-1-202 — MT Code / Title 72 / Chapter 1 / Part 2 / Section 72-1-202
72-1-202 Subject matter jurisdiction
Status: in_force

72-1-202 . Subject matter jurisdiction. (1) To the full extent permitted by the constitution, the court has jurisdiction over all subject matter relating to:

(a) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; and

(b) protection of minors and incapacitated persons.

(2) The court has full power to make orders, judgments, and decrees and take all other action necessary and proper to administer justice in the matters which come before it.
Mont. Code Ann. § 72-5-612 — MT Code / Title 72 / Chapter 5 / Part 6 / Section 72-5-612
72-5-612 Exclusive basis
Status: in_force

72-5-612 . Exclusive basis. Sections 72-5-611 through 72-5-619 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
Mont. Code Ann. § 72-6-306 — MT Code / Title 72 / Chapter 6 / Part 3 / Section 72-6-306
72-6-306 Effect of registration in beneficiary form
Status: in_force

72-6-306 . Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then-surviving owners without the consent of the beneficiary.
Mont. Code Ann. § 72-38-706 — MT Code / Title 72 / Chapter 38 / Part 7 / Section 72-38-706
72-38-706 Removal of trustee
Status: in_force

72-38-706 . Removal of trustee. (1) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.

(2) The court may remove a trustee if:

(a) the trustee has committed a serious breach of trust;

(b) lack of cooperation among cotrustees substantially impairs the administration of the trust;

(c) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively and impartially, the court determines that removal of the trustee best serves the interests of the beneficiaries; or

(d) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.

(3) Pending a final decision on a request to remove a trustee or in lieu of or in addition to removing a trustee, the court may order appropriate relief under 72-38-1001 (2) as may be necessary to protect the trust property or the interests of the beneficiaries.
Mont. Code Ann. § 72-40-110 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-110
72-40-110 Powers of trust director
Status: in_force

72-40-110 . Powers of trust director. (1) Subject to 72-40-111 , the terms of a trust may grant a power of direction to a trust director.

(2) Unless the terms of a trust provide otherwise:

(a) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (1); and

(b) trust directors with joint powers shall act by majority decision.
Mont. Code Ann. § 72-17-311 — MT Code / Title 72 / Chapter 17 / Part 3 / Section 72-17-311
72-17-311 Eye enucleations -- enucleators -- qualifications
Status: in_force

72-17-311 . Eye enucleations -- enucleators -- qualifications. (1) Eye enucleations for purposes of anatomical gifts may be performed:

(a) by a licensed physician or surgeon; or

(b) by an enucleator trained in eye enucleation.

(2) An acceptable course in eye enucleation must include the anatomy and physiology of the eye, instruction in maintaining a sterile field during the enucleation procedure, and use of appropriate instruments and sterile procedures for removal and preservation of corneal tissue.

(3) Certification of satisfactory completion of a course in eye enucleation must be provided by the ophthalmologist who teaches the course. This certification qualifies an enucleator to perform eye enucleations for a period of 3 years from the date of completion of the course.
Mont. Code Ann. § 72-38-502 — MT Code / Title 72 / Chapter 38 / Part 5 / Section 72-38-502
72-38-502 Spendthrift provision
Status: in_force

72-38-502 . Spendthrift provision. (1) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.

(2) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust", or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.

(3) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision, and except as otherwise provided in this part, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
Mont. Code Ann. § 72-6-305 — MT Code / Title 72 / Chapter 6 / Part 3 / Section 72-6-305
72-6-305 Form of registration in beneficiary form
Status: in_force

72-6-305 . Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary.
Mont. Code Ann. § 72-38-406 — MT Code / Title 72 / Chapter 38 / Part 4 / Section 72-38-406
72-38-406 Creation of trust induced by fraud, duress, or undue influence
Status: in_force

72-38-406 . Creation of trust induced by fraud, duress, or undue influence. A trust is void to the extent its creation was induced by fraud, duress, or undue influence.
Mont. Code Ann. § 72-2-115 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-115
72-2-115 No taker
Status: in_force

72-2-115 . No taker. If there is no taker under the provisions of this chapter, the intestate estate passes to the state of Montana.
Mont. Code Ann. § 72-38-606 — MT Code / Title 72 / Chapter 38 / Part 6 / Section 72-38-606
72-38-606 Separate writing identifying disposition of tangible personal property
Status: in_force

72-38-606 . Separate writing identifying disposition of tangible personal property. (1) A revocable trust instrument may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the trust, other than money.

(2) To be admissible under this section as evidence of the intended disposition, the writing must be signed by the settlor and must describe the items and the devisees with reasonable certainty.

(3) The writing may be:

(a) referred to as one to be in existence at the time of the settlor's death;

(b) prepared before or after the execution of the trust;

(c) altered by the settlor after its preparation; and

(d) a writing that has no significance apart from its effect upon the dispositions made by the trust.
Mont. Code Ann. § 72-5-306 — MT Code / Title 72 / Chapter 5 / Part 3 / Section 72-5-306
72-5-306 Purpose and basis for guardianship
Status: in_force

72-5-306 . Purpose and basis for guardianship. Guardianship for an incapacitated person may be used only as is necessary to promote and protect the well-being of the person. The guardianship must be designed to encourage the development of maximum self-reliance and independence in the person and may be ordered only to the extent that the person's actual mental and physical limitations require it. An incapacitated person for whom a guardian has been appointed is not presumed to be incompetent and retains all legal and civil rights except those that have been expressly limited by court order or have been specifically granted to the guardian by the court.
Mont. Code Ann. § 72-5-422 — MT Code / Title 72 / Chapter 5 / Part 4 / Section 72-5-422
72-5-422 Power of court to authorize particular protective arrangements or transactions without appointing conservator
Status: in_force

72-5-422 . Power of court to authorize particular protective arrangements or transactions without appointing conservator. (1) If it is established in a proper proceeding that a basis exists as described in 72-5-409 for affecting the property and affairs of a person, the court without appointing a conservator may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include but are not limited to:

(a) payment, delivery, deposit, or retention of funds or property;

(b) sale, mortgage, lease, or other transfer of property;

(c) entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; or

(d) addition to or establishment of a suitable trust.

(2) When it has been established in a proper proceeding that a basis exists as described in 72-5-409 for affecting the property and affairs of a person, the court without appointing a conservator may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person's financial affairs or involving the protected person's estate if the court determines that the transaction is in the best interests of the protected person.

(3) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of the protected person's disability, whether the protected person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who, upon appointment, has the authority conferred by the order and serves until discharged by order after report to the court of all matters done pursuant to the order of appointment.
Mont. Code Ann. § 72-3-305 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-305
72-3-305 Notice of hearing on petition for formal testacy proceeding
Status: in_force

72-3-305 . Notice of hearing on petition for formal testacy proceeding. (1) Upon commencement of a formal testacy proceeding, the court or clerk shall fix a time and place of hearing.

(2) Notice shall be given in the manner prescribed by 72-1-301 by the petitioner to the persons herein enumerated and to any additional person who has filed a demand for notice under 72-3-106 of this code. Notice shall be given to the following persons:

(a) the surviving spouse, children, and other heirs of the decedent;

(b) the devisees and executors named in any will that is being or has been probated or offered for informal or formal probate in the county or that is known by the petitioner to have been probated or offered for informal or formal probate elsewhere; and

(c) any personal representative of the decedent whose appointment has not been terminated.

(3) In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated.

(4) Notice may be given to other persons.
Mont. Code Ann. § 72-2-415 — MT Code / Title 72 / Chapter 2 / Part 4 / Section 72-2-415
72-2-415 Source, determination, and documentation
Status: in_force

72-2-415 . Source, determination, and documentation. (1) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the children, or the guardians of the minor children are unable or fail to do so within a reasonable time or if there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $27,000 or periodic installments not exceeding $2,250 per month for 1 year and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or any interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.

(2) If the right to an elective share is exercised on behalf of a surviving spouse who is an incapacitated person, the personal representative may add any unexpended portions payable under the homestead allowance, exempt property, and family allowance to the trust established under 72-2-242 (2).
Mont. Code Ann. § 72-40-116 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-116
72-40-116 Application to cotrustee
Status: in_force

72-40-116 . Application to cotrustee. The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under 72-40-113 through 72-40-115 .
Mont. Code Ann. § 72-3-104 — MT Code / Title 72 / Chapter 3 / Part 1 / Section 72-3-104
72-3-104 Claims against decedent -- necessity of administration
Status: in_force

72-3-104 . Claims against decedent -- necessity of administration. (1) A proceeding to enforce a claim against the estate of a decedent or the decedent's successors may not be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by Title 72, chapter 3, parts 1 through 10, and 72-3-1101 through 72-3-1103 . After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in 72-3-1012 or from a former personal representative individually liable as provided in 72-3-1014 .

(2) This section has no application to a proceeding by a secured creditor of the decedent to enforce the secured creditor's right to security except as to any deficiency judgment that might be sought in the proceeding.
Mont. Code Ann. § 72-17-202 — MT Code / Title 72 / Chapter 17 / Part 2 / Section 72-17-202
72-17-202 Persons who may become donees -- purposes for which anatomical gifts may be made
Status: in_force

72-17-202 . Persons who may become donees -- purposes for which anatomical gifts may be made. (1) The following persons may become donees of anatomical gifts for the purposes stated if named in the document of gift:

(a) a hospital, surgeon, physician, or procurement organization, an accredited medical school, dental school, college, or university, another appropriate person for education or research, a search and rescue unit established or recognized by a county as provided in 7-32-235 , or persons certified by a state or local law enforcement agency to train search and rescue canines;

(b) subject to subsection (2), an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or

(c) an eye bank or tissue bank.

(2) If an anatomical gift to an individual under subsection (1)(b) cannot be transplanted into the individual, the part passes in accordance with subsection (7) in the absence of an express, contrary indication by the person making the anatomical gift.

(3) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (1) but identifies the purpose for which an anatomical gift may be used, the following rules apply:

(a) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.

(b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.

(c) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(d) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate organ procurement organization.

(e) If the part is for the purpose of training a search and rescue canine as allowed in 7-32-235 (4), the gift passes to the search and rescue unit established or recognized by the county in which the gift was made. A county coroner or sheriff may transfer the gift to an established or recognized canine search and rescue unit in another county or to a person certified by a state or local law enforcement agency to train search and rescue canines if the county in which the gift was made has not established or recognized a search and rescue unit.

(4) For the purpose of subsection (3), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the anatomical gift must be used for transplantation or therapy, if suitable. If the anatomical gift cannot be used for transplantation or therapy, the gift may be used for:

(a) research or education; or

(b) the training of search and rescue canines.

(5) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (1) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy and the gift passes in accordance with subsection (7).

(6) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor", or "body donor" or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy and the gift passes in accordance with subsection (7).

(7) For purposes of subsections (2), (5), and (6), the following rules apply:

(a) If the part is an eye, the gift passes to the appropriate eye bank.

(b) If the part is tissue, the gift passes to the appropriate tissue bank.

(c) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(8) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (1)(b), passes to the organ procurement organization as custodian of the organ.

(9) If an anatomical gift does not pass pursuant to subsections (1) through (8) or the decedent's body or part is not used for transplantation, therapy, research, education, or training search and rescue canines, custody of the body or part passes to the person under obligation to dispose of the body or part.

(10) If the donee knows of the decedent's refusal or contrary indications to make an anatomical gift or that an anatomical gift by a member of a class having priority to act is opposed by a member of the same class or a prior class under 72-17-214 , the donee may not accept the anatomical gift. For the purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is considered to know of any amendment or revocation of the anatomical gift or any refusal to make an anatomical gift on the same document of gift.

(11) Except as otherwise provided in subsection (1)(b), nothing in this section affects the allocation of organs for transplantation or therapy.
Mont. Code Ann. § 72-3-316 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-316
72-3-316 Will from place where probate unprovided for
Status: in_force

72-3-316 . Will from place where probate unprovided for. A will from a place which does not provide for probate of a will after death may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.
Mont. Code Ann. § 72-9-109 — MT Code / Title 72 / Chapter 9 / Part 1 / Section 72-9-109
72-9-109 Perfection of title of personal representative, heir, or devisee
Status: in_force

72-9-109 . Perfection of title of personal representative, heir, or devisee. If the title to any property to which this part applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee, as those terms are defined in 72-1-103 , of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which this part applies, unless a written demand is made by an heir, devisee, or creditor of the decedent.
Mont. Code Ann. § 72-16-601 — MT Code / Title 72 / Chapter 16 / Part 6 / Section 72-16-601
72-16-601 Definitions
Status: in_force

72-16-601 . Definitions. For purposes of this part, the following definitions apply:

(1) "Estate" means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this state.

(2) "Fiduciary" means personal representative or trustee.

(3) "Person" means any individual, partnership, association, joint-stock company, corporation, government, political subdivision, governmental agency, or local governmental agency.

(4) "Person interested in the estate" means any person entitled to receive or who has received from a decedent or by reason of the death of a decedent any property or interest therein included in the decedent's estate. It includes a personal representative, conservator, and trustee.

(5) "State" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(6) "Tax" means the federal estate tax and any additional inheritance, estate, or death taxes imposed by the laws of any state and interest and penalties imposed in addition to the tax.
Mont. Code Ann. § 72-15-104 — MT Code / Title 72 / Chapter 15 / Part 1 / Section 72-15-104
72-15-104 Duty to commence actions for recovery of property
Status: in_force

72-15-104 . Duty to commence actions for recovery of property. The public administrator must institute all actions and prosecutions necessary to recover the property, debts, papers, or other estate of the decedent.
Mont. Code Ann. § 72-31-417 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-417
72-31-417 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

72-31-417 . 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. § 72-6-228 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-228
72-6-228 Liability of nonprobate transferees for creditor claims and statutory allowances
Status: in_force

72-6-228 . Liability of nonprobate transferees for creditor claims and statutory allowances. (1) As used in this section, "nonprobate transfer" means a valid transfer effective at death, other than a transfer of a survivorship interest in a joint tenancy of real estate, by a transferor whose last domicile was in this state to the extent that the transferor immediately before death had power, acting alone, to prevent the transfer by revocation or withdrawal and instead to use the property for the benefit of the transferor or apply it to discharge claims against the transferor's probate estate.

(2) Except as otherwise provided by statute, a transferee of a nonprobate transfer is subject to liability to any probate estate of the decedent for allowed claims against the decedent's probate estate and statutory allowances to the decedent's spouse and children to the extent the estate is insufficient to satisfy those claims and allowances. The liability of a nonprobate transferee may not exceed the value of nonprobate transfers received or controlled by that transferee.

(3) Nonprobate transferees are liable for the insufficiency described in subsection (2) in the following order of priority:

(a) a transferee designated in the decedent's will or any other governing instrument, as provided in the instrument;

(b) the trustee of a trust serving as the principal nonprobate instrument in the decedent's estate plan as shown by its designation as devisee of the decedent's residuary estate or by other facts or circumstances, to the extent of the value of the nonprobate transfer received or controlled;

(c) other nonprobate transferees in proportion to the values received.

(4) Unless otherwise provided by the trust instrument, interests of beneficiaries in all trusts incurring liabilities under this section abate as necessary to satisfy the liability, as if all of the trust instruments were a single will and the interests were devises under it.

(5) A provision made in one instrument may direct the apportionment of the liability among the nonprobate transferees taking under that or any other governing instrument. If a provision in one instrument conflicts with a provision in another, the later one prevails.

(6) Upon due notice to a nonprobate transferee, the liability imposed by this section is enforceable in proceedings in this state, whether or not the transferee is located in this state.

(7) A proceeding under this section may not be commenced unless the personal representative of the decedent's estate has received a written demand for the proceeding from the surviving spouse or a child, to the extent that statutory allowances are affected, or a creditor. If the personal representative declines or fails to commence a proceeding after demand, a person making demand may commence the proceeding in the name of the decedent's estate, at the expense of the person making the demand and not of the estate. A personal representative who declines in good faith to commence a requested proceeding incurs no personal liability for declining.

(8) A proceeding under this section must be commenced within 1 year after the decedent's death, but a proceeding on behalf of a creditor whose claim was allowed after proceedings challenging disallowance of the claim may be commenced within 60 days after final allowance of the claim.

(9) Unless a written notice asserting that a decedent's probate estate is nonexistent or insufficient to pay allowed claims and statutory allowances has been received from the decedent's personal representative, the following provisions apply:

(a) Payment or delivery of assets by a financial institution, registrar, or other obligor to a nonprobate transferee in accordance with the terms of the governing instrument controlling the transfer releases the obligor from all claims for amounts paid or assets delivered.

(b) A trustee receiving or controlling a nonprobate transfer is released from liability under this section with respect to any assets distributed to the trust's beneficiaries. Each beneficiary, to the extent of the distribution received, becomes liable for the amount of the trustee's liability attributable to assets received by the beneficiary.
Mont. Code Ann. § 72-6-222 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-222
72-6-222 Payment on multiple-party account
Status: in_force

72-6-222 . Payment on multiple-party account. A financial institution, on request, may pay sums on deposit in a multiple-party account to:

(1) one or more of the parties, whether or not another party is disabled, incapacitated, or deceased when payment is requested and whether or not the party making the request survives another party; or

(2) the personal representative or a successor claiming under 72-3-1101 if proof of death is presented to the financial institution, showing that the deceased party was the survivor of all other persons named on the account as either a party or beneficiary, unless the account is without right of survivorship under 72-6-212 .
Mont. Code Ann. § 72-4-307 — MT Code / Title 72 / Chapter 4 / Part 3 / Section 72-4-307
72-4-307 Payment or delivery discharges debtor or possessor
Status: in_force

72-4-307 . Payment or delivery discharges debtor or possessor. Payment or delivery made in good faith on the basis of the certificate of the clerk of court and the certificate of the department of revenue releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.
Mont. Code Ann. § 72-39-214 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-214
72-39-214 Removal or replacement of authorized fiduciary
Status: in_force

72-39-214 . Removal or replacement of authorized fiduciary. An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:

(1) the person holding the power consents to the modification in a signed record and the modification applies only to the person;

(2) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or

(3) the court approves the modification and the modification grants a substantially similar power to another person.
Mont. Code Ann. § 72-40-115 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-115
72-40-115 No duty to monitor, inform, or advise
Status: in_force

72-40-115 . No duty to monitor, inform, or advise. (1) Unless the terms of a trust provide otherwise:

(a) a trustee does not have a duty to:

(i) monitor a trust director; or

(ii) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and

(b) by taking an action described in subsection (1)(a), a trustee does not assume the duty excluded by subsection (1)(a).

(2) Unless the terms of a trust provide otherwise:

(a) a trust director does not have a duty to:

(i) monitor a trustee or another trust director; or

(ii) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and

(b) by taking an action described in subsection (2)(a), a trust director does not assume the duty excluded by subsection (2)(a).
Mont. Code Ann. § 72-2-903 — MT Code / Title 72 / Chapter 2 / Part 9 / Section 72-2-903
72-2-903 Requirements
Status: in_force

72-2-903 . Requirements. (1) An international will must be made in writing. It need not be personally written by the testator. It may be written in any language, by hand, or by any other means.

(2) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the testator's will and that the testator knows the contents of the will. The testator need not inform the witnesses or the authorized person of the contents of the will.

(3) In the presence of the witnesses and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge the testator's signature.

(4) If the testator is unable to sign, the absence of the testator's signature does not affect the validity of the international will if the testator indicates the reason for the testator's inability to sign and the authorized person makes note of the inability on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator's name for the testator if the authorized person makes note of this on the will, but it is not required that any person sign the testator's name for the testator.

(5) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
Mont. Code Ann. § 72-38-817 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-817
72-38-817 Distribution upon termination
Status: in_force

72-38-817 . Distribution upon termination. (1) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.

(2) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.

(3) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:

(a) it was induced by improper conduct of the trustee; or

(b) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.
Mont. Code Ann. § 72-2-111 — MT Code / Title 72 / Chapter 2 / Part 1 / Section 72-2-111
72-2-111 Intestate estate
Status: in_force

72-2-111 . Intestate estate. (1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in chapters 1 through 5, except as modified by the decedent's will.

(2) A decedent may by will expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed an intestate share.
Mont. Code Ann. § 72-3-301 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-301
72-3-301 Petition for formal testacy or appointment -- contents -- last will
Status: in_force

72-3-301 . Petition for formal testacy or appointment -- contents -- last will. (1) Petitions for formal probate of a will or for adjudication of intestacy with or without request for appointment of a personal representative must be directed to the court, request a judicial order after notice and hearing, and contain further statements as indicated in this section. A petition for formal probate of a will:

(a) requests an order as to the testacy of the decedent in relation to a particular instrument that may or may not have been informally probated and determining the heirs;

(b) contains the statements required for informal applications as stated in 72-3-202 and the statements required by 72-3-203 (1)(b) and (1)(c); and

(c) states whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will is not in the possession of the court or does not accompany the petition, if an authenticated copy of a will probated in another jurisdiction does not accompany the petition, or if an authenticated copy of a will filed without probate in another jurisdiction and proved, as provided in 72-3-320 , does not accompany the petition, the petition also must state the contents of the will and indicate that it is lost, destroyed, or otherwise unavailable.

(2) A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by 72-3-202 and 72-3-204 , and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case the statements required by 72-3-204 (2) may be omitted.
Mont. Code Ann. § 72-26-503 — MT Code / Title 72 / Chapter 26 / Part 5 / Section 72-26-503
72-26-503 Scope and jurisdiction
Status: in_force

72-26-503 . Scope and jurisdiction. (1) This chapter applies to a transfer that refers to this chapter in the designation under 72-26-603 (1) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian or the removal of custodial property from this state.

(2) A person designated as custodian under this chapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.

(3) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
Mont. Code Ann. § 72-3-521 — MT Code / Title 72 / Chapter 3 / Part 5 / Section 72-3-521
72-3-521 Termination of appointment -- general effect
Status: in_force

72-3-521 . Termination of appointment -- general effect. Termination of appointment of a personal representative occurs as indicated in 72-3-522 through 72-3-526 , inclusive. Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination or relieve the personal representative of the duty to preserve assets subject to the personal representative's control, to account for the assets, and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative but terminates the personal representative's authority to represent the estate in any pending or future proceeding.
Mont. Code Ann. § 72-38-104 — MT Code / Title 72 / Chapter 38 / Part 1 / Section 72-38-104
72-38-104 Knowledge
Status: in_force

72-38-104 . Knowledge. (1) Subject to subsection (2), a person has knowledge of or knows a fact if the person:

(a) has actual knowledge of it;

(b) has received a notice or notification of it; or

(c) from all the facts and circumstances known to the person at the time in question, has reason to know it.

(2) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
Mont. Code Ann. § 72-39-221 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-221
72-39-221 Settlor
Status: in_force

72-39-221 . Settlor. (1) For purposes of law of this state other than this chapter and subject to subsection (2), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.

(2) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered.
Mont. Code Ann. § 72-38-812 — MT Code / Title 72 / Chapter 38 / Part 8 / Section 72-38-812
72-38-812 Collecting trust property
Status: in_force

72-38-812 . Collecting trust property. A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and to redress a breach of trust known to the trustee to have been committed by a former trustee.
Mont. Code Ann. § 72-6-226 — MT Code / Title 72 / Chapter 6 / Part 2 / Section 72-6-226
72-6-226 Discharge
Status: in_force

72-6-226 . Discharge. (1) Payment made pursuant to this part in accordance with the terms of an account, or honoring a request for alteration of rights made in accordance with 72-6-213 , discharges the financial institution from all claims for amounts so paid or alterations so made, whether or not the payment or alteration is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. Payment or alteration may be made whether or not a party, beneficiary, or agent is disabled, incapacitated, or deceased when payment or alteration is requested, received, or made.

(2) Protection under this section does not extend to payments or alterations made after a financial institution has received written notice from a party, or from the personal representative, surviving spouse, or heir or devisee of a deceased party, to the effect that payments in accordance with the terms of the account or alteration of rights, including payments or alterations relating to an account having an agency designation, should not be permitted and after the financial institution has had a reasonable opportunity to act on the notice when the payment is made or the alteration is requested. Unless the notice is withdrawn by the person giving it, the successor of any deceased party shall concur in a request for payment or alteration if the financial institution is to be protected under this section. Unless a financial institution has been served with process in an action or proceeding, no other notice or other information shown to have been available to the financial institution affects its right to protection under this section.

(3) A financial institution that receives written notice pursuant to this section or otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account or to honor a request for alterations.

(4) Protection of a financial institution under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of sums on deposit in accounts or payments made from accounts or regarding whether a request for an alteration of rights to an account was improper between the parties.
Mont. Code Ann. § 72-2-715 — MT Code / Title 72 / Chapter 2 / Part 7 / Section 72-2-715
72-2-715 Class gifts construed to accord with intestate succession
Status: in_force

72-2-715 . Class gifts construed to accord with intestate succession. (1) Adopted individuals and individuals born out of wedlock and their respective descendants if appropriate to the class are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles", "aunts", "nieces", or "nephews", are construed to exclude relatives by affinity. Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers", "sisters", "nieces", or "nephews", are construed to include both types of relationships.

(2) In addition to the requirements of subsection (1), in construing a dispositive provision of a transferor who is not the natural parent, an individual born to the natural parent is not considered the child of that parent unless the individual lived while a minor as a regular member of the household of that natural parent or of that parent's parent, brother, sister, spouse, or surviving spouse.

(3) In addition to the requirements of subsection (1), in construing a dispositive provision of a transferor who is not the adopting parent, an adopted individual is not considered the child of the adopting parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of the household of the adopting parent.
Mont. Code Ann. § 72-38-506 — MT Code / Title 72 / Chapter 38 / Part 5 / Section 72-38-506
72-38-506 Overdue distribution
Status: in_force

72-38-506 . Overdue distribution. (1) (a) In this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust.

(b) The term does not include a distribution subject to the exercise of the trustee's discretion even if:

(i) the discretion is expressed in the form of a standard of distribution; or

(ii) the terms of the trust authorizing a distribution couple language of discretion with language of direction.

(2) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.
Mont. Code Ann. § 72-17-214 — MT Code / Title 72 / Chapter 17 / Part 2 / Section 72-17-214
72-17-214 Making, revoking, and objecting to anatomical gifts by others
Status: in_force

72-17-214 . Making, revoking, and objecting to anatomical gifts by others. (1) Subject to subsections (2) and (3), any member of the following classes of persons who is reasonably available, in the order of priority listed, may make an anatomical gift of all or a part of the decedent's body for a purpose authorized in 72-17-201 (1) unless the decedent, at the time of death, had made an unrevoked refusal to make that anatomical gift as provided for in 72-17-201 :

(a) an agent of the decedent at the time of death who could have made an anatomical gift under 72-17-201 immediately before the decedent's death;

(b) the spouse of the decedent;

(c) an adult son or daughter of the decedent;

(d) either parent of the decedent;

(e) an adult brother or sister of the decedent;

(f) adult grandchildren of the decedent;

(g) a grandparent of the decedent;

(h) a guardian of the person of the decedent at the time of death; and

(i) any other person having the authority to dispose of the decedent's body.

(2) If there is more than one member of a class listed in subsection (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), or (1)(i) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift can pass under 72-17-202 knows of an objection by another member of the class. If an objection is known, the anatomical gift may be made only by a majority of the members of the class who are reasonably available.

(3) An anatomical gift may not be made by a person listed in subsection (1) if:

(a) a person in a prior class is reasonably available at the time of death to make or to object to the making of an anatomical gift; or

(b) the person proposing to make an anatomical gift knows of a refusal by the decedent.

(4) An anatomical gift by a person authorized under subsection (1) must be made by:

(a) a document of gift signed by the person; or

(b) the person's telegraphic, recorded telephonic, other recorded message, or other form of communication from the person that is contemporaneously reduced to writing and signed by the recipient.

(5) Subject to subsection (6), an anatomical gift by a person authorized under subsection (1) may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift may be:

(a) amended only if a majority of the reasonably available members agree to the amending of the gift; or

(b) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

(6) A revocation made under subsection (5) is effective only if, before an incision has been made for the removal of a part from the body of the decedent or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician, surgeon, technician, or enucleator removing the part knows of the revocation.

(7) A failure to make an anatomical gift under subsection (1) is not an objection to the making of an anatomical gift.
Mont. Code Ann. § 72-16-610 — MT Code / Title 72 / Chapter 16 / Part 6 / Section 72-16-610
72-16-610 Action to recover apportioned tax -- limitations on duty to initiate -- uncollectibility
Status: in_force

72-16-610 . Action to recover apportioned tax -- limitations on duty to initiate -- uncollectibility. Neither the personal representative nor other person required to pay the tax is under any duty to institute any action to recover from any person interested in the estate the amount of the tax apportioned to the person until the expiration of the 3 months next following final determination of the tax. A personal representative or other person required to pay the tax who institutes the action within a reasonable time after the 3-month period is not subject to any liability or surcharge because any portion of the tax apportioned to any person interested in the estate was collectible at a time following the death of the decedent but thereafter became uncollectible. If the personal representative or other person required to pay the tax cannot collect from any person interested in the estate the amount of the tax apportioned to the person, the amount not recoverable shall be equitably apportioned among the other persons interested in the estate who are subject to apportionment.
Mont. Code Ann. § 72-39-218 — MT Code / Title 72 / Chapter 39 / Part 2 / Section 72-39-218
72-39-218 Saving provision
Status: in_force

72-39-218 . Saving provision. (1) If exercise of the decanting power would be effective under this chapter except that the second-trust instrument in part does not comply with this chapter, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:

(a) A provision in the second-trust instrument that is not permitted under this chapter is void to the extent necessary to comply with this chapter.

(b) A provision required by this chapter to be in the second-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this chapter.

(2) If a trustee or other fiduciary of a second trust determines that subsection (1) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.
Mont. Code Ann. § 72-31-412 — MT Code / Title 72 / Chapter 31 / Part 4 / Section 72-31-412
72-31-412 Disclosure of other digital assets held in trust when trustee not original user
Status: in_force

72-31-412 . Disclosure of other digital assets held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:

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

(2) a certified copy of the trust instrument or a certification of the trust under 72-38-1013 ;

(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4) if requested by the custodian:

(a) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or

(b) evidence linking the account to the trust.
Mont. Code Ann. § 72-2-240 — MT Code / Title 72 / Chapter 2 / Part 2 / Section 72-2-240
72-2-240 Personal liability of recipients
Status: in_force

72-2-240 . Personal liability of recipients. (1) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the proportional part of the decedent's nonprobate transfers to the person or to pay the value of the amount for which the person is liable.

(2) If any section or part of any section of this part is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or other benefit is obligated to return that payment, item of property, or benefit or is personally liable for the amount of that payment or the value of that item of property or benefit, as provided in 72-2-239 , to the person who would have been entitled to it were that section or part of that section not preempted.
Mont. Code Ann. § 72-34-444 — MT Code / Title 72 / Chapter 34 / Part 4 / Section 72-34-444
72-34-444 Receipts from sale of timber and related products -- allocation
Status: in_force

72-34-444 . Receipts from sale of timber and related products -- allocation. (1) To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net receipts as follows:

(a) to income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest;

(b) to principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber;

(c) to or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in subsections (1)(a) and (1)(b);

(d) to principal to the extent that advance payments, bonuses, and other payments are not allocated pursuant to subsection (1)(a), (1)(b), or (1)(c).

(2) In determining net receipts to be allocated under subsection (1), a trustee shall deduct and transfer to principal a reasonable amount for depletion.

(3) This part applies whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust.
Mont. Code Ann. § 72-15-202 — MT Code / Title 72 / Chapter 15 / Part 2 / Section 72-15-202
72-15-202 Duty to deliver up estate when letters granted to another
Status: in_force

72-15-202 . Duty to deliver up estate when letters granted to another. If at any time letters testamentary or of administration are regularly granted to any other person on the estate of which the public administrator has charge, the public administrator shall, under order of the court, account for, pay, and deliver to the executor or administrator appointed all the money, property, papers, and estate of every kind in the public administrator's possession or under the public administrator's control.
Mont. Code Ann. § 72-3-318 — MT Code / Title 72 / Chapter 3 / Part 3 / Section 72-3-318
72-3-318 Modification or vacation for other cause
Status: in_force

72-3-318 . Modification or vacation for other cause. For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.
Mont. Code Ann. § 72-2-812 — MT Code / Title 72 / Chapter 2 / Part 8 / Section 72-2-812
72-2-812 Effect of divorce, annulment, or decree of separation
Status: in_force

72-2-812 . Effect of divorce, annulment, or decree of separation. (1) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless by virtue of a subsequent marriage the individual is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.

(2) For purposes of chapter 2, parts 1 through 4, and of 72-3-501 through 72-3-508 , a surviving spouse does not include:

(a) an individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless subsequently they participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife;

(b) an individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third individual; or

(c) an individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
Mont. Code Ann. § 72-40-118 — MT Code / Title 72 / Chapter 40 / Part 1 / Section 72-40-118
72-40-118 Defenses in action against trust director
Status: in_force

72-40-118 . Defenses in action against trust director. In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
Mont. Code Ann. § 72-30-102 — MT Code / Title 72 / Chapter 30 / Part 1 / Section 72-30-102
72-30-102 Definitions
Status: in_force

72-30-102 . Definitions. In this chapter, the following definitions apply:

(1) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.

(2) (a) "Endowment fund" means an institutional fund or any part of the fund that under the terms of a gift instrument or instrument of donor intent is not wholly expendable by the institution on a current basis.

(b) The term does not include assets that an institution designates as an endowment fund for its own use.

(3) "Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.

(4) "Institution" means:

(a) a person, other than an individual, organized and operated exclusively for charitable purposes;

(b) a government or governmental subdivision, agency, or instrumentality to the extent that it holds funds exclusively for a charitable purpose; and

(c) a trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.

(5) (a) "Institutional fund" means a fund held by an institution exclusively for charitable purposes.

(b) The term does not include:

(i) program-related assets;

(ii) a fund held for an institution by a trustee that is not an institution; or

(iii) a fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.

(6) "Instrument of donor intent" means a record by a person that contributed property, pursuant to the provisions of this chapter that were in effect prior to October 1, 2007, setting forth the person's intention regarding investment or retention of the contributed property.

(7) "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.

(8) "Program-related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.

(9) "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.