reglab/housing_qa huggingface dataset:
MT Code § 72-6-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-203. Types of account -- existing accounts

  72-6-203. Types of account -- existing accounts. (1) An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to 72-6-212(3), either a single-party account or a multiple-party account may have a POD designation, an agency designation, or both.   (2) An account established before, on, or after October 1, 1993, whether in the form prescribed in 72-6-204 or in any other form, is either a single-party account or a multiple-party account, with or without right of survivorship and with or without a POD designation or an agency designation, within the meaning of this part, and is governed by this part.   History: En. Sec. 86, Ch. 494, L. 1993.
MT Code § 72-6-204 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-204. Forms

  72-6-204. Forms. (1) A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of this part applicable to an account of that type:   UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORM   PARTIES [Name One or More Parties]:     OWNERSHIP [Select One and Initial]:   ..... SINGLE-PARTY ACCOUNT   ..... MULTIPLE-PARTY ACCOUNT   Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent. However, any one party may withdraw the entire amount on deposit in the account.   CHANGING TERMS OF ACCOUNT [Select One and Each Party Initial]:   ..... MULTIPLE-PARTY ACCOUNT'S TERMS MAY BE CHANGED BY A SINGLE PARTY   ..... MULTIPLE-PARTY ACCOUNT'S TERMS MAY BE CHANGED ONLY BY AGREEMENT OF ALL PARTIES   RIGHTS AT DEATH [Select One and Initial]:   ..... SINGLE-PARTY ACCOUNT   At death of party, ownership passes as part of party's estate.   ..... SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION   [Name One or More Beneficiaries]:     At death of party, ownership passes to POD beneficiaries and is not part of party's estate.   ..... MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP   At death of party, ownership passes to surviving parties.   ..... MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION   [Name One or More Beneficiaries]:     At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party's estate.   ..... MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP   At death of party, deceased party's ownership passes as part of deceased party's estate.   AGENCY (POWER OF ATTORNEY) DESIGNATION   Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries.   [To Add Agency Designation to Account, Name One or More Agents]:     [Select One And Initial]:   ..... AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES   ..... AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES   (2) A contract of deposit that does not contain provisions in substantially the form provided in subsection (1) is governed by the provisions of this part applicable to the type of account that most nearly conforms to the depositor's intent.   History: En. Sec. 87, Ch. 494, L. 1993; amd. Sec. 3, Ch. 279, L. 1997.
MT Code § 72-6-205 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-205. Designation of agent

  72-6-205. Designation of agent. (1) By a writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party.   (2) Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent's authority survives disability and incapacity. The agent may act for a disabled or incapacitated party until the authority of the agent is terminated.   (3) Death of the sole party or last-surviving party terminates the authority of an agent.   History: En. Sec. 88, Ch. 494, L. 1993.
MT Code § 72-6-206 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-206. Applicability of beneficial ownership provisions

  72-6-206. Applicability of beneficial ownership provisions. The provisions of 72-6-211 through 72-6-214 and 72-6-216 concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors and do not apply to the right of those persons to payment as determined by the terms of the account. Sections 72-6-221 through 72-6-227 govern the liability and setoff rights of financial institutions that make payments pursuant to it.   History: En. Sec. 89, Ch. 494, L. 1993; amd. Sec. 150, Ch. 264, L. 2013.
MT Code § 72-6-207 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-207. through 72-6-210 reserved

  72-6-207 through 72-6-210 reserved.
MT Code § 72-6-211 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-211. Ownership during lifetime

  72-6-211. Ownership during lifetime. (1) In this section, "net contribution" of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party that have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term includes deposit life insurance proceeds added to the account by reason of death of the party whose net contribution is in question.   (2) During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.   (3) A beneficiary in an account having a POD designation has no right to sums on deposit during the lifetime of any party.   (4) An agent in an account with an agency designation has no beneficial right to sums on deposit.   History: En. Sec. 90, Ch. 494, L. 1993.
MT Code § 72-6-212 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-212. Rights at death

  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.   History: En. Sec. 91, Ch. 494, L. 1993.
MT Code § 72-6-213 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-213. Alteration of rights

  72-6-213. Alteration of rights. (1) Rights at death under 72-6-212 are determined by the terms of the account at the death of a party.   (2) Except as provided in subsection (3) and unless otherwise agreed in writing between the parties to the account, the terms of an account may be altered by written notice given by a party to the financial institution to change the terms of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during the party's lifetime.   (3) A financial institution may, in its discretion, refuse to honor a request for alteration of rights that would change:   (a) the financial institution's obligations or rights under the contract of deposit; or   (b) the parties to a multiple-party account if the request is not signed by all of the parties to the account.   (4) A right of survivorship arising from the express terms of the account, from 72-6-212, or from a POD designation may not be altered by will.   History: En. Sec. 92, Ch. 494, L. 1993; amd. Sec. 30, Ch. 592, L. 1995; amd. Sec. 4, Ch. 279, L. 1997.
MT Code § 72-6-214 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-214. Accounts and transfers nontestamentary

  72-6-214. Accounts and transfers nontestamentary. Except as provided in Title 72, chapter 2, part 2, or as a consequence of and to the extent directed by 72-6-228, a transfer resulting from the application of 72-6-212 is effective by reason of the terms of the account involved and this part and is not testamentary or subject to Title 72, chapters 1 through 5.   History: En. Sec. 93, Ch. 494, L. 1993; amd. Sec. 151, Ch. 264, L. 2013.
MT Code § 72-6-215 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-215. Repealed

  72-6-215. Repealed. Sec. 162, Ch. 264, L. 2013.   History: En. Sec. 94, Ch. 494, L. 1993.
MT Code § 72-6-216 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-216. Community property and tenancy by entireties

  72-6-216. Community property and tenancy by entireties. (1) A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to each other that arises from the express terms of the account or 72-6-212 may not be altered by will.   (2) This part does not affect the law governing tenancy by the entireties.   History: En. Sec. 95, Ch. 494, L. 1993.
MT Code § 72-6-217 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-217. through 72-6-220 reserved

  72-6-217 through 72-6-220 reserved.
MT Code § 72-6-221 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-221. Authority of financial institution

  72-6-221. Authority of financial institution. A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account and may provide for a POD designation and an agency designation in either a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.   History: En. Sec. 96, Ch. 494, L. 1993.
MT Code § 72-6-222 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-222. Payment on multiple-party account

  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.   History: En. Sec. 97, Ch. 494, L. 1993.
MT Code § 72-6-223 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-223. Payment on POD designation

  72-6-223. Payment on POD designation. A financial institution, on request, may pay sums on deposit in an account with a POD designation to:   (1) one or more of the parties, whether or not another party is disabled, incapacitated, or deceased when the payment is requested and whether or not a party survives another party;   (2) the beneficiary or beneficiaries, if proof of death is presented to the financial institution, showing that the beneficiary or beneficiaries survived all persons named as parties; or   (3) the personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, 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.   History: En. Sec. 98, Ch. 494, L. 1993.
MT Code § 72-6-224 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-224. Payment to designated agent

  72-6-224. Payment to designated agent. A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party is disabled, incapacitated, or deceased when the request is made or received and whether or not the authority of the agent terminates on the disability or incapacity of a party.   History: En. Sec. 99, Ch. 494, L. 1993.
MT Code § 72-6-225 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-225. Payment to minor

  72-6-225. Payment to minor. If a financial institution is required or permitted to make payment pursuant to this part to a minor designated as a beneficiary, payment may be made pursuant to the Montana Uniform Transfers to Minors Act, Title 72, chapter 26.   History: En. Sec. 100, Ch. 494, L. 1993.
MT Code § 72-6-226 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-226. Discharge

  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.   History: En. Sec. 101, Ch. 494, L. 1993; amd. Sec. 31, Ch. 592, L. 1995; amd. Sec. 5, Ch. 279, L. 1997.
MT Code § 72-6-227 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 2. Multiple-Party Accounts|72-6-227. Setoff

  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.   History: En. Sec. 102, Ch. 494, L. 1993.
MT Code § 72-6-301 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 3. Uniform TOD Security Registration Act|72-6-301. Definitions

  72-6-301. Definitions. As used in this part, the following definitions apply:   (1) "Beneficiary form" means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.   (2) "Register", including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.   (3) "Registering entity" means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.   (4) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security, and a security account.   (5) "Security account" means:   (a) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death;   (b) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death; or   (c) an investment management or custody account with a trust company or trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, and cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death.   History: En. Sec. 103, Ch. 494, L. 1993; amd. Sec. 1, Ch. 76, L. 2005.
MT Code § 72-6-302 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 3. Uniform TOD Security Registration Act|72-6-302. Registration in beneficiary form -- sole or joint tenancy ownership

  72-6-302. Registration in beneficiary form -- sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form and not as tenants in common.   History: En. Sec. 104, Ch. 494, L. 1993.