Montana § 72-31-346 Estates, Trusts, And Other Beneficial Interests

Montana Statutes

§ 72-31-346 — Estates, Trusts, And Other Beneficial Interests

Montana § 72-31-346

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 31MISCELLANEOUS PROVISIONS RELATING TO FIDUCIARIES

Part 3Uniform Power of Attorney Act

This text of Montana § 72-31-346 (Estates, Trusts, And Other Beneficial Interests) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-31-346 (2026).

Text

72-31-346 . Estates, trusts, and other beneficial interests.

(1)In this section, "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be entitled to a share or payment.

(2)Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to an estate, trust, or other beneficial interest authorizes the agent to:

(a)accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from the fund;

(b)demand or obtain money or another thing of value to which the principal is, may become, or claims to be entitled by reason of the fund, by litigation or otherwise;

(c)exercise

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72-31-346 . Estates, trusts, and other beneficial interests. (1) In this section, "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be entitled to a share or payment.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to an estate, trust, or other beneficial interest authorizes the agent to:
(a) accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from the fund;
(b) demand or obtain money or another thing of value to which the principal is, may become, or claims to be entitled by reason of the fund, by litigation or otherwise;
(c) exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
(d) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;
(e) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;
(f) conserve, invest, disburse, or use anything received for an authorized purpose; and
(g) transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor.

Legislative History

En. Sec. 8, Ch. 580, L. 1991; amd. Sec. 123, Ch. 494, L. 1993; Sec. 72-31-208 , MCA 1991; redes. 72-31-231 by Code Commissioner, 1993; amd. Sec. 37, Ch. 109, L. 2011; Sec. 72-31-231 , MCA 2009; redes. 72-31-346 by Code Commissioner, 2011.