Montana § 70-29-328 Incompetent's Share Of Proceeds -- Payment To Guardian

Montana Statutes

§ 70-29-328 — Incompetent's Share Of Proceeds -- Payment To Guardian

Montana·Title 70 PROPERTY·Ch. 29 PARTITION OF REAL PROPERTY·Part 3 Sale and Disposition of Proceeds

70-29-328 . Incompetent's share of proceeds -- payment to guardian. The guardian who may be entitled to the custody and management of the estate of a person committed pursuant to 53-21-127 or other person adjudged incapable of conducting the person's own affairs, whose interest in real property has been sold, may receive on behalf of the person the person's share of the proceeds of the real property from the referees. The guardian may receive the interest on executing an undertaking with a surety. The undertaking must be approved by a judge of the court and must state that the guardian will faithfully discharge the trust placed in the guardian and will make an accurate account to the person entitled to the accounting or to the person's legal representative.

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70-29-328 . Incompetent's share of proceeds -- payment to guardian. The guardian who may be entitled to the custody and management of the estate of a person committed pursuant to 53-21-127 or other person adjudged incapable of conducting the person's own affairs, whose interest in real property has been sold, may receive on behalf of the person the person's share of the proceeds of the real property from the referees. The guardian may receive the interest on executing an undertaking with a surety. The undertaking must be approved by a judge of the court and must state that the guardian will faithfully discharge the trust placed in the guardian and will make an accurate account to the person entitled to the accounting or to the person's legal representative.

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Legislative History

En. Sec. 534, p. 148, Bannack Stat.; re-en. Sec. 306, p. 196, L. 1867; re-en. Sec. 355, p. 104, Cod. Stat. 1871; rep. Sec. 627, p. 215, L. 1877; en. Sec. 1389, C. Civ. Proc. 1895; re-en. Sec. 6932, Rev. C. 1907; re-en. Sec. 9565, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 794; re-en. Sec. 9565, R.C.M. 1935; R.C.M. 1947, 93-6350; amd. Sec. 25, Ch. 115, L. 1979; amd. Sec. 38, Ch. 490, L. 1997.