Montana § 72-38-707 Delivery Of Property By Former Trustee

Montana Statutes

§ 72-38-707 — Delivery Of Property By Former Trustee

Montana § 72-38-707

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 38MONTANA UNIFORM TRUST CODE

Part 7Office of Trustee

This text of Montana § 72-38-707 (Delivery Of Property By Former 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. § 72-38-707 (2026).

Text

72-38-707 . Delivery of property by former trustee.

(1)Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.

(2)A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it. If a trustee fails to deliver trust property as required in this subsection:

(a)the resigned or removed trustee is personally liable for the actual damages incurred as a result of the failure to deliver trust property; and

(b)the court, in its

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72-38-707 . Delivery of property by former trustee. (1) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.
(2) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it. If a trustee fails to deliver trust property as required in this subsection:
(a) the resigned or removed trustee is personally liable for the actual damages incurred as a result of the failure to deliver trust property; and
(b) the court, in its discretion, may order the resigned or removed trustee personally to pay the reasonable attorney fees incurred in enforcing the resigned or removed trustee's duty to deliver trust property.