reglab/housing_qa huggingface dataset:
MT Code § 72-37-104 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 37. Funeral Plan Trusts (Repealed)|Part 1. General Provisions (Repealed)|72-37-104. Repealed

  72-37-104. Repealed. Sec. 6, Ch. 336, L. 1999.   History: En. Sec. 4, Ch. 232, L. 1953; R.C.M. 1947, 86-704; Sec. 72-27-204, MCA 1987; redes. 72-37-104 by Code Commissioner, 1989.
MT Code § 72-38-101 (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|72-38-101. Short title

  72-38-101. Short title. This chapter may be cited as the Montana Uniform Trust Code.   History: En. Sec. 1, Ch. 264, L. 2013.
MT Code § 72-38-102 (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|72-38-102. Scope

  72-38-102. Scope. This chapter applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. Other than 72-38-120 through 72-38-123, nothing in this chapter affects the law relating to constructive or resulting trusts.   History: En. Sec. 2, Ch. 264, L. 2013.
MT Code § 72-38-104 (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|72-38-104. Knowledge

  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.   History: En. Sec. 4, Ch. 264, L. 2013.
MT Code § 72-38-105 (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|72-38-105. Default and mandatory rules

  72-38-105. Default and mandatory rules. (1) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.  (2) The terms of a trust prevail over any provision of this chapter except:   (a) the requirements for creating a trust;   (b) subject to 72-40-113, 72-40-115, and 72-40-116, the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;   (c) the requirement that a trust and its terms be for the benefit of its beneficiaries and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;   (d) the power of the court to modify or terminate a trust under 72-38-410 through 72-38-416;   (e) the effect of a spendthrift provision;   (f) the power of the court under 72-38-702 to require, dispense with, or modify or terminate a bond;   (g) the power of the court under 72-38-708(2) to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high;   (h) the effect of an exculpatory term under 72-38-1008;   (i) the rights under 72-38-1010 through 72-38-1013 of a person other than a trustee or beneficiary;   (j) the periods of limitation for commencing a judicial proceeding;   (k) the power of the court to take the action and exercise the jurisdiction that may be necessary in the interests of justice; and   (l) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in 72-38-201 and 72-38-205.   History: En. Sec. 5, Ch. 264, L. 2013; amd. Sec. 21, Ch. 325, L. 2021.
MT Code § 72-38-106 (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|72-38-106. Common law of trusts -- principles of equity

  72-38-106. Common law of trusts -- principles of equity. The common law of trusts and principles of equity supplement this chapter except to the extent modified by this chapter or another statute of this state.   History: En. Sec. 6, Ch. 264, L. 2013.
MT Code § 72-38-107 (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|72-38-107. Governing law

  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.   History: En. Sec. 7, Ch. 264, L. 2013.
MT Code § 72-38-108 (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|72-38-108. Principal place of administration

  72-38-108. Principal place of administration. (1) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:   (a) a trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or   (b) all or part of the administration occurs in the designated jurisdiction.   (2) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.   (3) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (2), may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.   (4) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include:   (a) the name of the jurisdiction to which the principal place of administration is to be transferred;   (b) the address and telephone number at the new location at which the trustee can be contacted;   (c) an explanation of the reasons for the proposed transfer;   (d) the date on which the proposed transfer is anticipated to occur; and   (e) the date, not less than 60 days after the giving of the notice, by which the qualified beneficiary shall notify the trustee of an objection to the proposed transfer.   (5) The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.   (6) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to 72-38-704.   History: En. Sec. 8, Ch. 264, L. 2013.
MT Code § 72-38-109 (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|72-38-109. Methods and waiver of notice

  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 must 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.   History: En. Sec. 9, Ch. 264, L. 2013.
MT Code § 72-38-110 (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|72-38-110. Others treated as qualified beneficiaries

  72-38-110. Others treated as qualified beneficiaries. (1) Except for 72-38-813, whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.   (2) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a beneficiary and a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined:   (a) is a distributee or permissible distributee of trust income or principal;   (b) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or   (c) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.   (3) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in 72-38-408 or 72-38-409 has the rights of a qualified beneficiary under this chapter.   (4) With respect to a charitable trust having its principal place of administration in this state:   (a) The attorney general of this state has the rights of a beneficiary.   (b) The attorney general of this state has the following two rights of a qualified beneficiary:   (i) the right to request information pursuant to 72-38-813(1); and   (ii) the right to request a copy of the annual report pursuant to 72-38-813(3).   (c) The attorney general of this state has all of the rights of a qualified beneficiary if, on the date that a determination is being made as to the rights of the attorney general under this subsection:   (i) any charitable organization:   (A) is a distributee or permissible distributee of trust income or principal; or   (B) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date; and   (ii) no charitable organization expressly designated to receive distributions under the terms of the charitable trust:   (A) is a distributee or permissible distributee of trust income or principal; or   (B) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.   History: En. Sec. 10, Ch. 264, L. 2013.
MT Code § 72-38-111 (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|72-38-111. Nonjudicial settlement agreements

  72-38-111. Nonjudicial settlement agreements. (1) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.   (2) Except as otherwise provided in subsection (3), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.   (3) Except as provided in 72-38-411(1), a nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter.   (4) Matters that may be resolved by a nonjudicial settlement agreement include but are not limited to:   (a) the interpretation or construction of the terms of the trust;   (b) the approval of a trustee's report or accounting;   (c) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;   (d) the resignation or appointment of a trustee and the determination of a trustee's compensation;   (e) transfer of a trust's principal place of administration; and   (f) liability of a trustee for an action relating to the trust.   (5) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in Title 72, chapter 38, part 3, was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.   History: En. Sec. 11, Ch. 264, L. 2013; amd. Sec. 31, Ch. 55, L. 2015.
MT Code § 72-38-112 (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|72-38-112. Rules of construction

  72-38-112. Rules of construction. The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.   History: En. Sec. 12, Ch. 264, L. 2013.
MT Code § 72-38-113 (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|72-38-113. Insurable interest of trustee

  72-38-113. Insurable interest of trustee. (1) In this section, "settlor" means a person who executes a trust instrument. The term includes a person for which a fiduciary or agent is acting.   (2) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity or that designates the trust itself as the owner if, on the date the policy is issued:   (a) the insured is:   (i) a settlor of the trust; or   (ii) an individual in whom a settlor of the trust has, or would have had if living at the time the policy was issued, an insurable interest; and   (b) the life insurance proceeds are primarily for the benefit of one or more trust beneficiaries who have an insurable interest in the life of the insured as provided in 33-15-201.   History: En. Sec. 13, Ch. 264, L. 2013.
MT Code § 72-38-114 (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|72-38-114. through 72-38-119 reserved

  72-38-114 through 72-38-119 reserved.
MT Code § 72-38-120 (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|72-38-120. Resulting trust upon failure of trust

  72-38-120. Resulting trust upon failure of trust. When the owner of property gratuitously transfers it and manifests in the trust instrument an intention that the transferee should hold the property in trust but the trust fails, the transferee holds the trust estate as a resulting trust for the transferor or the transferor's estate unless:   (1) the transferor manifested in the trust instrument an intention that no resulting trust should arise; or   (2) the intended trust fails for illegality and the policy against unjust enrichment of the transferee is outweighed by the policy against giving relief to a person who has entered into an illegal transaction.   History: En. Sec. 14, Ch. 264, L. 2013.
MT Code § 72-38-121 (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|72-38-121. Resulting trust upon full performance of trust

  72-38-121. Resulting trust upon full performance of trust. When the owner of property gratuitously transfers it subject to a trust that is properly declared and that is fully performed without exhausting the trust estate, the trustee holds the surplus as a resulting trust for the transferor or the transferor's estate unless the transferor manifested in the trust instrument an intention that no resulting trust of the surplus should arise.   History: En. Sec. 15, Ch. 264, L. 2013.
MT Code § 72-38-122 (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|72-38-122. Purchase money resulting trust

  72-38-122. Purchase money resulting trust. (1) When a transfer of property is made to one person and the purchase price is paid by another, a resulting trust arises in favor of the person who paid the purchase price.   (2) Subsection (1) does not apply in any of the following circumstances:   (a) whenever the party paying the purchase price manifests an intention that no resulting trust should arise;   (b) whenever the transferee is a spouse, child, or other natural object of the bounty of the person who paid the purchase price; or   (c) whenever the transfer is made in order to accomplish an illegal purpose and the policy against unjust enrichment of the transferee is outweighed by the policy against giving relief to a person who has entered into an illegal transaction.   (3) Subsection (2)(b) does not apply if the party paying the purchase price manifested an intention that the transferee should not have the beneficial interest in the property.   History: En. Sec. 16, Ch. 264, L. 2013.
MT Code § 72-38-123 (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|72-38-123. Constructive trust

  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.   History: En. Sec. 17, Ch. 264, L. 2013.
MT Code § 72-38-124 (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|72-38-124. Resulting trusts -- constructive trusts -- statute of frauds

  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).   History: En. Sec. 18, Ch. 264, L. 2013.
MT Code § 72-38-125 (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|72-38-125. through 72-38-129 reserved

  72-38-125 through 72-38-129 reserved.
MT Code § 72-38-130 (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|72-38-130. Scope and effect of part -- proposed action or inaction described

  72-38-130. Scope and effect of part -- proposed action or inaction described. (1) Subject to 72-38-131(2), a trustee may give a notice of proposed action or notice of proposed inaction regarding a matter governed by the provisions of Title 72, chapter 3, part 4, 72-38-801 through 72-38-817, Title 72, chapter 38, part 9, or any other provision of law or this chapter under which a trustee has discretion to act as provided in 72-38-130 through 72-38-134.   (2) For the purpose of 72-38-130 through 72-38-134, a proposed action includes a course of action or a decision not to take action. Sections 72-38-130 through 72-38-134 do not preclude an application or assertion of any other rights or remedies available to an interested party as otherwise provided in this chapter regarding an action to be taken or not to be taken by the trustee.   History: En. Sec. 19, Ch. 264, L. 2013.