Montana § 72-38-706 Removal Of Trustee

Montana Statutes

§ 72-38-706 — Removal Of Trustee

Montana § 72-38-706

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 38MONTANA UNIFORM TRUST CODE

Part 7Office of Trustee

This text of Montana § 72-38-706 (Removal Of Trustee) 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. § 72-38-706 (2026).

Text

72-38-706 . Removal of trustee.

(1)The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.

(2)The court may remove a trustee if:

(a)the trustee has committed a serious breach of trust;

(b)lack of cooperation among cotrustees substantially impairs the administration of the trust;

(c)because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively and impartially, the court determines that removal of the trustee best serves the interests of the beneficiaries; or

(d)there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests o

Free access — add to your briefcase to read the full text and ask questions with AI

72-38-706 . Removal of trustee. (1) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
(2) The court may remove a trustee if:
(a) the trustee has committed a serious breach of trust;
(b) lack of cooperation among cotrustees substantially impairs the administration of the trust;
(c) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively and impartially, the court determines that removal of the trustee best serves the interests of the beneficiaries; or
(d) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
(3) Pending a final decision on a request to remove a trustee or in lieu of or in addition to removing a trustee, the court may order appropriate relief under 72-38-1001 (2) as may be necessary to protect the trust property or the interests of the beneficiaries.