Montana Statutes
§ 72-38-1005 — Limitation Of Action Against Trustee
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 38 MONTANA UNIFORM TRUST CODE·Part 10 Liability of Trustees and Rights of Persons Dealing with Trustee
72-38-1005 . Limitation of action against trustee.
(1)A beneficiary may not commence a proceeding against a trustee for breach of trust more than 3 years after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
(2)A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.
(3)If subsection (1) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within 5 years after th
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Legislative History
En. Sec. 122, Ch. 264, L. 2013.
Nearby Sections
15
§ 72-38-1001
Remedies For Breach Of Trust§ 72-38-1002
Damages For Breach Of Trust§ 72-38-1003
Damages In Absence Of Breach§ 72-38-1004
Attorney Fees And Costs§ 72-38-1005
Limitation Of Action Against Trustee§ 72-38-1006
Reliance On Trust Instrument§ 72-38-1007
Event Affecting Administration Or Distribution§ 72-38-1008
Exculpation Of Trustee§ 72-38-1009
Beneficiary's Consent, Release, Or Ratification§ 72-38-101
Short Title§ 72-38-1010
Limitation On Personal Liability Of Trustee§ 72-38-1011
Interest As General Partner§ 72-38-1012
Protection Of Person Dealing With Trustee§ 72-38-1013
Certification Of Trust§ 72-38-102
Scope