Montana Statutes

§ 72-3-912 — Successor's Indebtedness To Estate Offset Against Interest -- Defenses Available

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 3 UPC -- PROBATE AND ADMINISTRATION·Part 9 Special Provisions Relating to Distribution
72-3-912 . Successor's indebtedness to estate offset against interest -- defenses available. The amount of a noncontingent indebtedness of a successor to the estate if due or its present value if not due must be offset against the successor's interest. However, the successor has the benefit of any defense that would be available to the successor in a direct proceeding for recovery of the debt.

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Legislative History

En. 91A-3-903 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-903; amd. Sec. 2379, Ch. 56, L. 2009.

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