Montana Statutes
§ 72-38-506 — Overdue Distribution
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 38 MONTANA UNIFORM TRUST CODE·Part 5 Creditor's Claims -- Spendthrift and Discretionary Trusts
72-38-506 . Overdue distribution.
(1)(a) In this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust.
(b)The term does not include a distribution subject to the exercise of the trustee's discretion even if:
(i)the discretion is expressed in the form of a standard of distribution; or
(ii)the terms of the trust authorizing a distribution couple language of discretion with language of direction.
(2)Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has
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Montana § 72-38-506 (Overdue Distribution) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
En. Sec. 71, 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