Montana § 72-38-110 Others Treated As Qualified Beneficiaries

Montana Statutes

§ 72-38-110 — Others Treated As Qualified Beneficiaries

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 38 MONTANA UNIFORM TRUST CODE·Part 1 General Provisions, Definitions, Constructive and Resulting Trusts, and Notice of Proposed Action by Trustee

72-38-110 . Others treated as qualified beneficiaries.

(1)Except as provided in 72-38-813 , whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.

(2)A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a beneficiary and a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined:

(a)is a distributee or permissible distributee of trust income or principal;

(b)would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other dist

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72-38-110 . Others treated as qualified beneficiaries. (1) Except as provided in 72-38-813 , whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.
(2) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a beneficiary and a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined:
(a) is a distributee or permissible distributee of trust income or principal;
(b) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or
(c) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(3) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in 72-38-408 or 72-38-409 has the rights of a qualified beneficiary under this chapter.
(4) With respect to a charitable trust having its principal place of administration in this state:
(a) The attorney general of this state has the rights of a beneficiary.
(b) The attorney general of this state has the following two rights of a qualified beneficiary:
(i) the right to request information pursuant to 72-38-813 (1); and
(ii) the right to request a copy of the annual report pursuant to 72-38-813 (3).
(c) The attorney general of this state has all of the rights of a qualified beneficiary of a charitable trust if, on the date that a determination is being made as to the rights of the attorney general under this subsection(4), a charitable interest in the trust is not represented by a qualified beneficiary under subsection (2).

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