reglab/housing_qa huggingface dataset:
MT Code § 72-38-131 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 1. General Provisions, Definitions, Constructive and Resulting Trusts, and Notice of Proposed Action by Trustee|72-38-131. When use of notice authorized

  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.   History: En. Sec. 20, Ch. 264, L. 2013.
MT Code § 72-38-132 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 1. General Provisions, Definitions, Constructive and Resulting Trusts, and Notice of Proposed Action by Trustee|72-38-132. Content of notice

  72-38-132. Content of notice. The notice of proposed action or notice of proposed inaction must state that it is given pursuant to this part and must include all of the following:   (1) the name and mailing address of the trustee;   (2) the name and telephone number of a person who may be contacted for additional information;   (3) a description of the action or inaction proposed, the material facts upon which the trustee has relied in making its decision regarding the proposed action or inaction, and an explanation of the reasons for the action or inaction;   (4) a statement that failure of a qualified beneficiary to object within the allowed time bars the qualified beneficiary from taking any legal action against the trustee for liability within the scope of 72-38-133 except as provided in 72-38-133(3) and that a qualified beneficiary may want to seek independent legal advice regarding the matter at the qualified beneficiary's expense;   (5) the time within which objections to the proposed action or inaction can be made, which must be at least 30 days from providing the notice of proposed action or notice of proposed inaction; and   (6) the date on or after which the proposed action or inaction is effective.   History: En. Sec. 21, Ch. 264, L. 2013; amd. Sec. 32, Ch. 55, L. 2015; amd. Sec. 1, Ch. 181, L. 2015.
MT Code § 72-38-134 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 1. General Provisions, Definitions, Constructive and Resulting Trusts, and Notice of Proposed Action by Trustee|72-38-134. Procedures not required

  72-38-134. Procedures not required. Sections 72-38-130 through 72-38-134 do not require a trustee to use these procedures prior to taking any action or deciding not to act.   History: En. Sec. 23, Ch. 264, L. 2013.
MT Code § 72-38-201 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-201. Subject matter jurisdiction

  72-38-201. Subject matter jurisdiction. (1) The district court having jurisdiction over the trust pursuant to this chapter has exclusive jurisdiction of proceedings concerning the internal affairs of trusts.   (2) The district court having jurisdiction over the trust pursuant to this chapter has concurrent jurisdiction of the following:   (a) actions and proceedings to determine the existence of trusts;   (b) actions and proceedings by or against creditors or debtors of trusts; and   (c) other actions and proceedings involving trustees and third persons.   History: En. Sec. 24, Ch. 264, L. 2013.
MT Code § 72-38-202 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-202. Powers of court

  72-38-202. Powers of court. In proceedings concerning the internal affairs of trusts commenced pursuant to this chapter, the court has all the powers of a district court exercising its general jurisdiction.   History: En. Sec. 25, Ch. 264, L. 2013.
MT Code § 72-38-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-203. Jurisdiction over trustees and beneficiaries

  72-38-203. Jurisdiction over trustees and beneficiaries. Subject to 72-38-204:   (1) by accepting the trusteeship of a trust having its principal place of administration in this state, the trustee submits personally to the jurisdiction of the court under this chapter;   (2) to the extent of their interests in the trust, all beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the court under this chapter; and   (3) by accepting a distribution from a trust having its principal place of administration in this state, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.   History: En. Sec. 26, Ch. 264, L. 2013.
MT Code § 72-38-204 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-204. Basis of jurisdiction over trust, trust property, and trust parties

  72-38-204. Basis of jurisdiction over trust, trust property, and trust parties. The court may exercise jurisdiction in proceedings under Title 72, chapter 38, part 2, on any basis permitted by Title 72, chapter 38, part 2, or by Rule 4, Montana Rules of Civil Procedure.   History: En. Sec. 27, Ch. 264, L. 2013.
MT Code § 72-38-205 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-205. Venue

  72-38-205. Venue. (1) Except as otherwise provided in subsection (2), venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.   (2) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.   (3) Except as otherwise provided in subsections (1) and (2), the proper county for commencement of a proceeding pursuant to this chapter is determined by the rules applicable to civil actions generally.   History: En. Sec. 28, Ch. 264, L. 2013.
MT Code § 72-38-206 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-206. Rules of procedure in trust proceedings

  72-38-206. Rules of procedure in trust proceedings. (1) The pleadings described in 72-38-214 are permitted pleadings in judicial proceedings under this chapter.   (2) Unless specifically provided to the contrary in this chapter or unless inconsistent with this chapter, the rules of civil procedure, including the rules concerning vacation of orders and appellate review, govern proceedings under this chapter.   History: En. Sec. 29, Ch. 264, L. 2013.
MT Code § 72-38-207 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-207. Jury trial

  72-38-207. Jury trial. There is no right to a jury trial in proceedings under this chapter concerning the internal affairs of trusts.   History: En. Sec. 30, Ch. 264, L. 2013.
MT Code § 72-38-208 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-208. Application

  72-38-208. Application. Sections 72-38-209 through 72-38-212 apply to notice in proceedings commenced pursuant to Title 72, chapter 38, part 2.   History: En. Sec. 31, Ch. 264, L. 2013.
MT Code § 72-38-209 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-209. Notice -- method and time of giving

  72-38-209. 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 in this chapter, 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.   (2) 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.   (3) The court for good cause shown may provide for a different method or time of giving notice for any hearing.   (4) Proof of the giving of notice must be made on or before the hearing and filed in the proceeding. If it appears to the satisfaction of the court that notice has been regularly given or that the party entitled to notice has waived, the court shall so find in its order. When the order becomes final, it is conclusive on all persons, whether or not in being.   History: En. Sec. 32, Ch. 264, L. 2013.
MT Code § 72-38-210 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-210. Waiver of notice

  72-38-210. Waiver of notice. A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding.   History: En. Sec. 33, Ch. 264, L. 2013.
MT Code § 72-38-212 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-212. Additional notice

  72-38-212. Additional notice. (1) The court may, on its own motion or on motion of a trustee or other person interested in the trust, require that further or additional notice be given at any stage of the proceeding. The court may prescribe the form and method of the notice to be given.   (2) A petitioner or other person required to give notice may cause notice to be given to any person interested in the trust without the need for a court order.   History: En. Sec. 35, Ch. 264, L. 2013.
MT Code § 72-38-213 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-213. Petitioners -- grounds for petition

  72-38-213. Petitioners -- grounds for petition. (1) Except as provided in 72-38-603, a trustee or beneficiary of a trust may petition the court under this chapter concerning the internal affairs of the trust or to determine the existence of the trust.   (2) Proceedings concerning the internal affairs of a trust include but are not limited to proceedings for any of the following purposes:   (a) determining questions of construction of a trust instrument;   (b) determining the existence or nonexistence of any immunity, power, privilege, duty, or right;   (c) determining the validity of a trust provision;   (d) ascertaining beneficiaries and determining to whom property must pass or be delivered upon final or partial termination of the trust, to the extent the determination is not made by the trust instrument;   (e) settling the accounts and passing upon the acts of the trustee, including the exercise of discretionary powers;   (f) instructing the trustee;   (g) compelling the trustee to provide information about the trust or submit a report to a qualified beneficiary if:   (i) the trustee has failed to provide information or submit a requested report within 60 days after written request of the qualified beneficiary; and   (ii) in the case of a report, no report has been made within 6 months preceding the request;   (h) granting powers to the trustee;   (i) fixing or allowing payment of the trustee's compensation;   (j) appointing or removing a trustee;   (k) accepting the resignation of a trustee;   (l) compelling redress of a breach of the trust by any available remedy;   (m) approving or directing the modification or termination of the trust;   (n) approving or directing the combination or division of trusts;   (o) amending or conforming the trust instrument in the manner required to qualify a decedent's estate for the charitable estate tax deduction under federal law, including the addition of mandatory governing instrument requirements for a charitable remainder trust as required by final regulations and rulings of the United States Internal Revenue Service, in any case in which all parties interested in the trust have submitted written agreement to the proposed changes or written disclaimer of interest;   (p) authorizing or directing transfer of a trust or trust property to or from another jurisdiction;   (q) directing transfer of a testamentary trust subject to continuing court jurisdiction from one county to another;   (r) approving removal of a testamentary trust from continuing court jurisdiction; or   (s) reforming or excusing compliance with the governing instrument of an organization pursuant to 72-38-825.   History: En. Sec. 36, Ch. 264, L. 2013.
MT Code § 72-38-214 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-214. Commencement of proceedings

  72-38-214. Commencement of proceedings. (1) A proceeding under this chapter is commenced by filing a verified petition stating facts showing that the petition is authorized under this chapter and the grounds of the petition.   (2) The following pleadings are specifically permitted:   (a) a petition filed pursuant to this chapter;   (b) a report or account filed in regard to a petition filed pursuant to this chapter; and   (c) an objection or response filed in regard to a petition, report, or account filed pursuant to this chapter.   (3) When a petition that requires a hearing is filed with the court clerk, the clerk shall set the matter for hearing.   (4) Except as provided in 25-4-203 regarding verification by an agent or attorney, all pleadings described in subsection (2) must be verified as follows:   (a) A petition must be verified by the petitioner or, if there are two or more parties joining in the petition, by any one of the petitioners.   (b) A report or account must be verified by the person who has the duty to make the report or, if there are two or more persons having a duty to report, by any one of the persons having the duty.   (c) An objection or response must be verified by the objector or respondent or, if there are two or more parties joining in the objection or response, by any one of the objectors or respondents.   (5) In any trust proceeding, an affidavit or verified petition must be received as evidence when offered in an uncontested proceeding under this chapter.   (6) In addition to the verification required by 25-4-203 and subsection (5), every pleading filed in connection with any trust proceeding must be signed by the attorney of the person filing the pleading if the person is represented by an attorney.   (7) Nothing in this chapter precludes the commencement, within a decedent's probate, of a trust proceeding for the construction of a testamentary trust, provided the probate has not previously been closed pursuant to Title 72, chapter 3, part 10.   History: En. Sec. 37, Ch. 264, L. 2013.
MT Code § 72-38-215 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-215. Dismissal of petition

  72-38-215. Dismissal of petition. The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the trustee or beneficiary.   History: En. Sec. 38, Ch. 264, L. 2013.
MT Code § 72-38-216 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-216. Request for special notice

  72-38-216. Request for special notice. (1) If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, serve on the trustee or the trustee's attorney and file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of all pleadings in the proceeding relating to any or all of the purposes described in 72-38-213 and giving an address for receiving notice by mail. Proof of service of the request on the trustee must be filed with the court clerk when the request is filed.   (2) Except as provided in subsection (3), after serving and filing a request and proof of service pursuant to subsection (1), the beneficiary is entitled to notice pursuant to 72-38-209.   (3) A request for special notice made by a beneficiary whose right to notice is restricted by 72-38-603 is not effective.   History: En. Sec. 39, Ch. 264, L. 2013.
MT Code § 72-38-217 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-217. Request for copy of petition

  72-38-217. Request for copy of petition. If a trustee or beneficiary has served and filed either a notice of appearance, in person or by counsel, directed to the petitioner or the petitioner's counsel in connection with a particular petition and proceeding or a written request for a copy of the petition and has given an address to which notice or a copy of the petition may be mailed or delivered, the petitioner shall mail a copy of the petition to the trustee or beneficiary within 5 days after service of the notice of appearance or receipt of the request.   History: En. Sec. 40, Ch. 264, L. 2013.
MT Code § 72-38-218 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-218. Authority to make necessary orders -- temporary trustee

  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.   History: En. Sec. 41, Ch. 264, L. 2013.
MT Code § 72-38-219 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-219. Appeal

  72-38-219. Appeal. An appeal may be taken from the grant or denial of any final order made under this chapter except the following:   (1) compelling the trustee to provide information or submit a report to a qualified beneficiary pursuant to 72-38-213(2)(g);   (2) accepting the resignation of a trustee pursuant to 72-38-213(2)(k); or   (3) approving removal of a testamentary trust from continuing court jurisdiction pursuant to 72-38-213(2)(r).   History: En. Sec. 42, Ch. 264, L. 2013.
MT Code § 72-38-220 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-220. Intermittent judicial intervention in trust administration

  72-38-220. Intermittent judicial intervention in trust administration. The administration of trusts is intended to proceed expeditiously and free of judicial intervention, subject to the jurisdiction of the court.   History: En. Sec. 43, Ch. 264, L. 2013.
MT Code § 72-38-221 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 2. Judicial Proceedings|72-38-221. Enforcement of beneficiary's rights under charitable trust by attorney general

  72-38-221. Enforcement of beneficiary's rights under charitable trust by attorney general. In a case involving a charitable trust subject to the jurisdiction of the attorney general, the attorney general may petition under this chapter.   History: En. Sec. 44, Ch. 264, L. 2013.
MT Code § 72-38-301 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 38. Montana Uniform Trust Code|Part 3. Representation|72-38-301. Representation -- basic effect

  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.   History: En. Sec. 45, Ch. 264, L. 2013; amd. Sec. 33, Ch. 55, L. 2015; amd. Sec. 2, Ch. 181, L. 2015.