reglab/housing_qa huggingface dataset:
MT Code § 72-7-501 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 5. Rights of Powerholder's Creditors in Appointive Property|72-7-501. Creditor claim -- general power created by powerholder

  72-7-501. Creditor claim -- general power created by powerholder. (1) In this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.   (2) Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in the Uniform Fraudulent Transfer Act, 31-2-326 through 31-2-342, and in 70-20-401, 70-20-402, and 70-20-405.   (3) Subject to subsection (2), appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.   (4) Subject to subsections (2) and (3) and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:   (a) the powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and   (b) the powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.   History: En. Sec. 32, Ch. 293, L. 2015.
MT Code § 72-7-502 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 5. Rights of Powerholder's Creditors in Appointive Property|72-7-502. Creditor claim -- general power not created by powerholder

  72-7-502. Creditor claim -- general power not created by powerholder. (1) Property subject to a general or nongeneral power of appointment created by a person other than the powerholder, including a presently exercisable general or nongeneral power of appointment, is exempt from a claim by a creditor of the powerholder or the powerholder's estate. The powerholder of such a power may not be compelled to exercise the power, and the powerholder's creditors may not acquire the power or any rights to the power or reach the trust property or beneficial interests by any other means. A court may not exercise or require the powerholder to exercise the power of appointment.   (2) Subject to 72-7-504(3), a power of appointment created by a person other than the powerholder that is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. Section 2041(b)(1)(A) or 26 U.S.C. Section 2514(c)(1), on October 1, 2015, is treated for purposes of this act as a nongeneral power.   History: En. Sec. 33, Ch. 293, L. 2015; amd. Sec. 2, Ch. 200, L. 2019.
MT Code § 72-7-503 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 5. Rights of Powerholder's Creditors in Appointive Property|72-7-503. Power to withdraw

  72-7-503. Power to withdraw. (1) For purposes of this section and except as otherwise provided in subsection (2), a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.   (2) On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. Section 2041(b)(2) and 26 U.S.C. Section 2514(e) or the amount specified in 26 U.S.C. Section 2503(b) on October 1, 2015.   History: En. Sec. 34, Ch. 293, L. 2015.
MT Code § 72-7-504 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 5. Rights of Powerholder's Creditors in Appointive Property|72-7-504. Creditor claim -- nongeneral power

  72-7-504. Creditor claim -- nongeneral power. (1) Except as otherwise provided in subsections (2) and (3), appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.   (2) Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of the Uniform Fraudulent Transfer Act, 31-2-326 through 31-2-342.   (3) If the initial gift in default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of this act as a general power.   History: En. Sec. 35, Ch. 293, L. 2015.
MT Code § 72-7-601 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 6. Miscellaneous Provisions|72-7-601. Uniformity of application and construction

  72-7-601. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   History: En. Sec. 36, Ch. 293, L. 2015.
MT Code § 72-7-602 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 6. Miscellaneous Provisions|72-7-602. Relation to Electronic Signatures in Global and National Commerce Act

  72-7-602. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).   History: En. Sec. 37, Ch. 293, L. 2015.
MT Code § 72-7-603 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 7. Uniform Powers of Appointment Act|Part 6. Miscellaneous Provisions|72-7-603. Application to existing relationships

  72-7-603. Application to existing relationships. (1) Except as otherwise provided in this act, on and after October 1, 2015:   (a) this act applies to a power of appointment created before, on, or after October 1, 2015;   (b) this act applies to a judicial proceeding concerning a power of appointment commenced on or after October 1, 2015;   (c) this act applies to a judicial proceeding concerning a power of appointment commenced before October 1, 2015, unless the court finds that application of a particular provision of this act would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this act does not apply and the superseded law applies;   (d) a rule of construction or presumption provided in this act applies to an instrument executed before October 1, 2015, unless there is a clear indication of a contrary intent in the terms of the instrument; and   (e) except as otherwise provided in subsections (1)(a) through (1)(d), an action done before October 1, 2015, is not affected by this act.   (2) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than this act before October 1, 2015, the law continues to apply to the right.   History: En. Sec. 38, Ch. 293, L. 2015.
MT Code § 72-9-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-101. Short title

  72-9-101. Short title. This part shall be known and may be cited as the "Uniform Disposition of Community Property Rights at Death Act".   History: En. Sec. 1, Ch. 395, L. 1989; Sec. 72-6-101, MCA 1991; redes. 72-9-101 by Code Commissioner, 1993.
MT Code § 72-9-102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-102. Application

  72-9-102. Application. This part applies to the disposition at death of the following property acquired by a married person:   (1) (a) all personal property, wherever situated, that was acquired as or became and remained community property under the laws of another jurisdiction; and   (b) all or the proportionate part of that property acquired with the rents, issues, or income of, the proceeds from, or in exchange for that community property; or   (c) property traceable to that community property; or   (2) all or the proportionate part of any real property situated in this state that was acquired with the rents, issues, or income of, the proceeds from, or in exchange for property acquired as or which became and remained community property under the laws of another jurisdiction, or property traceable to that community property.   History: En. Sec. 2, Ch. 395, L. 1989; Sec. 72-6-102, MCA 1991; redes. 72-9-102 by Code Commissioner, 1993.
MT Code § 72-9-103 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-103. Rebuttable presumptions

  72-9-103. Rebuttable presumptions. In determining whether this part applies to specific property, the following rebuttable presumptions apply:   (1) property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become and remained property to which this part applies; and   (2) real property situated in this state and personal property, wherever situated, acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this part applies.   History: En. Sec. 3, Ch. 395, L. 1989; Sec. 72-6-103, MCA 1991; redes. 72-9-103 by Code Commissioner, 1993.
MT Code § 72-9-104 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-104. through 72-9-106 reserved

  72-9-104 through 72-9-106 reserved.
MT Code § 72-9-107 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-107. Disposition upon death

  72-9-107. Disposition upon death. Upon death of a married person, one-half of the property to which this part applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the Uniform Probate Code. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the Uniform Probate Code. With respect to property to which this part applies, the one-half of the property which is the property of the decedent is not subject to the surviving spouse's right to elect against the will.   History: En. Sec. 4, Ch. 395, L. 1989; Sec. 72-6-107, MCA 1991; redes. 72-9-107 by Code Commissioner, 1993.
MT Code § 72-9-108 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-108. Perfection of title of surviving spouse

  72-9-108. Perfection of title of surviving spouse. If the title to any property to which this part applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the district court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the district court. Neither the personal representative nor the district court in which the decedent's estate is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which this part applies, unless a written demand is made by the surviving spouse or the spouse's successor in interest.   History: En. Sec. 5, Ch. 395, L. 1989; Sec. 72-6-108, MCA 1991; redes. 72-9-108 by Code Commissioner, 1993.
MT Code § 72-9-109 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-109. Perfection of title of personal representative, heir, or devisee

  72-9-109. Perfection of title of personal representative, heir, or devisee. If the title to any property to which this part applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee, as those terms are defined in 72-1-103, of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which this part applies, unless a written demand is made by an heir, devisee, or creditor of the decedent.   History: En. Sec. 6, Ch. 395, L. 1989; Sec. 72-6-109, MCA 1991; redes. 72-9-109 by Code Commissioner, 1993.
MT Code § 72-9-110 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-110. Purchaser for value or lender

  72-9-110. Purchaser for value or lender. (1) If a surviving spouse has apparent title to property to which this part applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser's or lender's interest in the property free of any rights of the personal representative or an heir or devisee, as those terms are defined in 72-1-103, of the decedent.   (2) If a personal representative or an heir or devisee of the decedent has apparent title to property to which this part applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser's or lender's interest in the property free of any rights of the surviving spouse.   (3) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.   (4) The proceeds of a sale or creation of a security interest must be treated in the same manner as the property transferred to the purchaser for value or a lender.   History: En. Sec. 7, Ch. 395, L. 1989; Sec. 72-6-110, MCA 1991; redes. 72-9-110 by Code Commissioner, 1993; amd. Sec. 2441, Ch. 56, L. 2009.
MT Code § 72-9-111 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-111. through 72-9-113 reserved

  72-9-111 through 72-9-113 reserved.
MT Code § 72-9-114 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-114. Creditor's rights

  72-9-114. Creditor's rights. This part does not affect rights of creditors with respect to property to which this part applies.   History: En. Sec. 8, Ch. 395, L. 1989; Sec. 72-6-114, MCA 1991; redes. 72-9-114 by Code Commissioner, 1993.
MT Code § 72-9-115 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-115. Acts of married persons

  72-9-115. Acts of married persons. This part does not prevent married persons from severing or altering their interests in property to which this part applies.   History: En. Sec. 9, Ch. 395, L. 1989; Sec. 72-6-115, MCA 1991; redes. 72-9-115 by Code Commissioner, 1993.
MT Code § 72-9-116 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-116. Limitations on testamentary disposition

  72-9-116. Limitations on testamentary disposition. This part does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.   History: En. Sec. 10, Ch. 395, L. 1989; Sec. 72-6-116, MCA 1991; redes. 72-9-116 by Code Commissioner, 1993.
MT Code § 72-9-117 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-117. through 72-9-119 reserved

  72-9-117 through 72-9-119 reserved.
MT Code § 72-9-120 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 9. Disposition of Community Property Rights at Death|Part 1. Uniform Disposition of Community Property Rights at Death|72-9-120. Uniformity of application and construction

  72-9-120. Uniformity of application and construction. Any person applying and interpreting this part shall do so as to make uniform the law with respect to the subject of this part among those states that enact it.   History: En. Sec. 11, Ch. 395, L. 1989; Sec. 72-6-120, MCA 1991; redes. 72-9-120 by Code Commissioner, 1993.
MT Code § 72-10-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 10. Supplementary General Provisions on Probate and Succession (Repealed)|Part 1. Jurisdiction and Courts (Repealed)|72-10-101. Repealed

  72-10-101. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. Sec. 314, p. 322, L. 1877; re-en. Sec. 314, 2nd Div. Rev. Stat. 1879; re-en. Sec. 314, 2nd Div. Comp. Stat. 1887; amd. Sec. 2910, C. Civ. Proc. 1895; re-en. Sec. 7701, Rev. C. 1907; re-en. Sec. 10355, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1704; re-en. Sec. 10355, R.C.M. 1935; R.C.M. 1947, 91-4301(part); amd. Sec. 8, Ch. 6, L. 1979.
MT Code § 72-10-102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 10. Supplementary General Provisions on Probate and Succession (Repealed)|Part 1. Jurisdiction and Courts (Repealed)|72-10-102. Repealed

  72-10-102. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. Sec. 314, p. 322, L. 1877; re-en. Sec. 314, 2nd Div. Rev. Stat. 1879; re-en. Sec. 314, 2nd Div. Comp. Stat. 1887; amd. Sec. 2910, C. Civ. Proc. 1895; re-en. Sec. 7701, Rev. C. 1907; re-en. Sec. 10355, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1704; re-en. Sec. 10355, R.C.M. 1935; R.C.M. 1947, 91-4301(part).
MT Code § 72-10-103 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 10. Supplementary General Provisions on Probate and Succession (Repealed)|Part 1. Jurisdiction and Courts (Repealed)|72-10-103. Repealed

  72-10-103. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. Sec. 330, p. 325, L. 1877; re-en. Sec. 330, 2nd Div. Rev. Stat. 1879; re-en. Sec. 330, 2nd Div. Comp. Stat. 1887; re-en. Sec. 2926, C. Civ. Proc. 1895; re-en. Sec. 7717, Rev. C. 1907; re-en. Sec. 10371, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1719; re-en. Sec. 10371, R.C.M. 1935; R.C.M. 1947, 91-4317.
MT Code § 72-10-104 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 10. Supplementary General Provisions on Probate and Succession (Repealed)|Part 1. Jurisdiction and Courts (Repealed)|72-10-104. Repealed

  72-10-104. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. Sec. 332, p. 326, L. 1877; re-en. Sec. 332, 2nd Div. Rev. Stat. 1879; re-en. Sec. 332, 2nd Div. Comp. Stat. 1887; re-en. Sec. 2929, C. Civ. Proc. 1895; re-en. Sec. 7720, Rev. C. 1907; re-en. Sec. 10374, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1722; re-en. Sec. 10374, R.C.M. 1935; R.C.M. 1947, 91-4320; amd. Sec. 9, Ch. 6, L. 1979.
MT Code § 72-10-105 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 10. Supplementary General Provisions on Probate and Succession (Repealed)|Part 1. Jurisdiction and Courts (Repealed)|72-10-105. Repealed

  72-10-105. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. Sec. 109, p. 264, L. 1877; re-en. Sec. 109, 2nd Div. Rev. Stat. 1879; re-en. Sec. 109, 2nd Div. Comp. Stat. 1887; amd. Sec. 2530, C. Civ. Proc. 1895; en. Sec. 1, p. 244, L. 1897; re-en. Sec. 7484, Rev. C. 1907; re-en. Sec. 10120, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1430; re-en. Sec. 10120, R.C.M. 1935; R.C.M. 1947, 91-2001(part).
MT Code § 72-10-106 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 10. Supplementary General Provisions on Probate and Succession (Repealed)|Part 1. Jurisdiction and Courts (Repealed)|72-10-106. Repealed

  72-10-106. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. Sec. 109, p. 264, L. 1877; re-en. Sec. 109, 2nd Div. Rev. Stat. 1879; re-en. Sec. 109, 2nd Div. Comp. Stat. 1887; amd. Sec. 2530, C. Civ. Proc. 1895; en. Sec. 1, p. 244, L. 1897; re-en. Sec. 7484, Rev. C. 1907; re-en. Sec. 10120, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1430; re-en. Sec. 10120, R.C.M. 1935; R.C.M. 1947, 91-2001(part).
MT Code § 72-10-107 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 10. Supplementary General Provisions on Probate and Succession (Repealed)|Part 1. Jurisdiction and Courts (Repealed)|72-10-107. Repealed

  72-10-107. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. Sec. 317, p. 322, L. 1877; re-en. Sec. 317, 2nd Div. Rev. Stat. 1879; re-en. Sec. 317, 2nd Div. Comp. Stat. 1887; re-en. Sec. 2913, C. Civ. Proc. 1895; re-en. Sec. 7704, Rev. C. 1907; re-en. Sec. 10358, R.C.M. 1921; re-en. Sec. 10358, R.C.M. 1935; R.C.M. 1947, 91-4304; amd. Sec. 10, Ch. 6, L. 1979.
MT Code § 72-10-108 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 10. Supplementary General Provisions on Probate and Succession (Repealed)|Part 1. Jurisdiction and Courts (Repealed)|72-10-108. Repealed

  72-10-108. Repealed. Sec. 134, Ch. 494, L. 1993.   History: En. Sec. 318, p. 322, L. 1877; re-en. Sec. 318, 2nd Div. Rev. Stat. 1879; re-en. Sec. 318, 2nd Div. Comp. Stat. 1887; re-en. Sec. 2914, C. Civ. Proc. 1895; re-en. Sec. 7705, Rev. C. 1907; amd. Sec. 1, Ch. 40, L. 1921; re-en. Sec. 10359, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1707; re-en. Sec. 10359, R.C.M. 1935; R.C.M. 1947, 91-4305.