Montana § 72-38-504 Discretionary Trusts -- Effect Of Standard

Montana Statutes

§ 72-38-504 — Discretionary Trusts -- Effect Of Standard

Montana § 72-38-504

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 38MONTANA UNIFORM TRUST CODE

Part 5Creditor's Claims -- Spendthrift and Discretionary Trusts

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Bluebook

Mont. Code Ann. § 72-38-504 (2026).

Text

72-38-504 . Discretionary trusts -- effect of standard.

(1)Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion even if:

(a)the discretion is expressed in the form of a standard of distribution; or

(b)the trustee has abused the discretion.

(2)This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.

(3)If the trustee's or cotrustee's discretion to make distributions for the trustee's or cotrustee's own benefit is limited by an ascertainable standard, a creditor may not reach or compel distribution of the beneficial interest except to the extent the int

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72-38-504 . Discretionary trusts -- effect of standard. (1) Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion even if:
(a) the discretion is expressed in the form of a standard of distribution; or
(b) the trustee has abused the discretion.
(2) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.
(3) If the trustee's or cotrustee's discretion to make distributions for the trustee's or cotrustee's own benefit is limited by an ascertainable standard, a creditor may not reach or compel distribution of the beneficial interest except to the extent the interest would be subject to the creditor's claim were the beneficiary not acting as trustee or cotrustee.