reglab/housing_qa huggingface dataset:
MT Code § 72-2-713 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-713. Choice of law as to meaning and effect of governing instrument

  72-2-713. Choice of law as to meaning and effect of governing instrument. The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor in the governing instrument unless the application of that law is contrary to the provisions relating to the elective share described in part 7, the provisions relating to exempt property and allowances described in part 8, or any other public policy of this state otherwise applicable to the disposition.   History: En. 91A-2-602 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-602; amd. Sec. 38, Ch. 494, L. 1993; Sec. 72-2-504, MCA 1991; redes. 72-2-713 by Code Commissioner, 1993.
MT Code § 72-2-714 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-714. Repealed

  72-2-714. Repealed. Sec. 40, Ch. 293, L. 2015.   History: En. Sec. 63, Ch. 494, L. 1993.
MT Code § 72-2-715 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-715. Class gifts construed to accord with intestate succession

  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.   History: En. Sec. 64, Ch. 494, L. 1993.
MT Code § 72-2-718 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-718. Class gifts to "descendants", "issue", or "heirs of the body" -- form of distribution if none specified

  72-2-718. Class gifts to "descendants", "issue", or "heirs of the body" -- form of distribution if none specified. If a class gift in favor of "descendants", "issue", or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment in such shares as they would receive under the applicable law of intestate succession if the designated ancestor had then died intestate owning the subject matter of the class gift.   History: En. Sec. 67, Ch. 494, L. 1993.
MT Code § 72-2-720 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-720. Worthier title doctrine abolished

  72-2-720. Worthier title doctrine abolished. The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs", "heirs at law", "next of kin", "distributees", "relatives", or "family" or language of similar import does not create or presumptively create a reversionary interest in the transferor.   History: En. Sec. 69, Ch. 494, L. 1993.
MT Code § 72-2-721 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 7. Rules of Construction Applicable to Wills and Other Governing Instruments|72-2-721. Interests in "heirs" and like

  72-2-721. Interests in "heirs" and like. If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs", "heirs at law", "next of kin", "relatives", or "family" or language of similar import, the property passes to those persons, including the state, and in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile in effect at the time the disposition is to take effect in possession or enjoyment as if the designated individual died at that time. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.   History: En. Sec. 70, Ch. 494, L. 1993; amd. Sec. 19, Ch. 592, L. 1995.
MT Code § 72-2-801 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-801. Renumbered 72-2-412

  72-2-801. Renumbered 72-2-412. Code Commissioner, 1993.
MT Code § 72-2-802 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-802. Renumbered 72-2-413

  72-2-802. Renumbered 72-2-413. Code Commissioner, 1993.
MT Code § 72-2-803 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-803. Renumbered 72-2-414

  72-2-803. Renumbered 72-2-414. Code Commissioner, 1993.
MT Code § 72-2-804 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-804. Renumbered 72-2-415

  72-2-804. Renumbered 72-2-415. Code Commissioner, 1993.
MT Code § 72-2-805 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-805. through 72-2-810 reserved

  72-2-805 through 72-2-810 reserved.
MT Code § 72-2-811 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-811. Repealed

  72-2-811. Repealed. Sec. 105, Ch. 313, L. 2019.   History: En. 91A-2-801 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-801; amd. Sec. 1, Ch. 52, L. 1981; amd. Sec. 1, Ch. 511, L. 1983; amd. Sec. 5, Ch. 494, L. 1993; Sec. 72-2-101, MCA 1991; redes. 72-2-811 by Code Commissioner, 1993; amd. Sec. 20, Ch. 592, L. 1995; amd. Sec. 4, Ch. 290, L. 1999.
MT Code § 72-2-812 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-812. Effect of divorce, annulment, or decree of separation

  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.   History: En. 91A-2-802 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-2-802; amd. Sec. 7, Ch. 494, L. 1993; Sec. 72-2-103, MCA 1991; redes. 72-2-812 by Code Commissioner, 1993.
MT Code § 72-2-815 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-815. Reformation to correct mistakes

  72-2-815. Reformation to correct mistakes. The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement.   History: En. Sec. 37, Ch. 313, L. 2019.
MT Code § 72-2-816 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-816. Modification to achieve transferor's tax objectives

  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.   History: En. Sec. 38, Ch. 313, L. 2019.
MT Code § 72-2-817 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-817. Short title

  72-2-817. Short title. Sections 72-2-817 through 72-2-833 may be cited as the "Uniform Disclaimer of Property Interests Act".   History: En. Sec. 39, Ch. 313, L. 2019.
MT Code § 72-2-818 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-818. Definitions

  72-2-818. Definitions. As used in 72-2-817 through 72-2-833, the following definitions apply:   (1) "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.   (2) "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.   (3) "Disclaimer" means the refusal to accept an interest in or power over property.   (4) "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.   (5) "Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.   (6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.   (7) "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. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.   (8) "Trust" means:   (a) an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and   (b) a trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.   History: En. Sec. 40, Ch. 313, L. 2019.
MT Code § 72-2-819 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-819. Scope

  72-2-819. Scope. Sections 72-2-817 through 72-2-833 apply to disclaimers of any interest in or power over property, whenever created.   History: En. Sec. 41, Ch. 313, L. 2019.
MT Code § 72-2-820 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-820. Sections supplemented by other law

  72-2-820. Sections supplemented by other law. (1) Unless displaced by a provision of 72-2-817 through 72-2-833, the principles of law and equity supplement 72-2-817 through 72-2-833.   (2) Sections 72-2-817 through 72-2-833 do not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than 72-2-817 through 72-2-833.   History: En. Sec. 42, Ch. 313, L. 2019.
MT Code § 72-2-821 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-821. Power to disclaim -- general requirements -- when revocable

  72-2-821. Power to disclaim -- general requirements -- when revocable. (1) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.   (2) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.   (3) To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in 72-2-828. In this subsection:   (a) "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; and   (b) "signed" means, with present intent to authenticate or adopt a record, to:   (i) execute or adopt a tangible symbol; or   (ii) attach to or logically associate with the record an electronic sound, symbol, or process.   (4) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.   (5) A disclaimer becomes irrevocable when it is delivered or filed pursuant to 72-2-828 or when it becomes effective as provided in 72-2-822 through 72-2-827, whichever occurs later.   (6) A disclaimer made under 72-2-817 through 72-2-833 is not a transfer, assignment, or release.   History: En. Sec. 43, Ch. 313, L. 2019.
MT Code § 72-2-822 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-822. Disclaimer of interest in property

  72-2-822. Disclaimer of interest in property. (1) In this section:   (a) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.   (b) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.   (2) Except for a disclaimer governed by 72-2-823 or 72-2-824, the following rules apply to a disclaimer of an interest in property:   (a) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.   (b) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.   (c) If the instrument does not contain a provision described in subsection (2)(b), the following rules apply:   (i) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.   (ii) If the disclaimant is an individual, except as otherwise provided in subsections (2)(c)(iii) and (2)(c)(iv), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.   (iii) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.   (iv) If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.   (d) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.   History: En. Sec. 44, Ch. 313, L. 2019.
MT Code § 72-2-823 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-823. Disclaimer of rights of survivorship in jointly held property

  72-2-823. Disclaimer of rights of survivorship in jointly held property. (1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:   (a) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or   (b) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.   (2) A disclaimer under subsection (1) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.   (3) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.   History: En. Sec. 45, Ch. 313, L. 2019.
MT Code § 72-2-824 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-824. Disclaimer of interest by trustee

  72-2-824. Disclaimer of interest by trustee. If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.   History: En. Sec. 46, Ch. 313, L. 2019.
MT Code § 72-2-825 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers|Part 8. General Provisions Concerning Probate and Nonprobate Transfers|72-2-825. Disclaimer of power of appointment or other power not held in fiduciary capacity

  72-2-825. Disclaimer of power of appointment or other power not held in fiduciary capacity. If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:   (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.   (2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.   (3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.   History: En. Sec. 47, Ch. 313, L. 2019.