Montana Statutes
§ 72-5-304 — Objection By Alleged Incapacitated Person To Testamentary Appointment
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 5 UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP·Part 3 Guardians of Incapacitated Persons
72-5-304 . Objection by alleged incapacitated person to testamentary appointment. Upon the filing in the court in which the will was probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present, of written objection to the appointment by the incapacitated person for whom a parental or spousal appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the parental or spousal nominee or any other suitable person upon an adjudication of incapacity in proceedings under 72-5-305 , 72-5-306 , 72-5-311 through 72-5-322 , 72-5-324 , and 72-5-325 .
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Legislative History
En. 91A-5-301 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-301(4); amd. Sec. 20, Ch. 582, L. 1989; amd. Sec. 25, Ch. 236, L. 2009.
Nearby Sections
15
§ 72-5-101
Definitions§ 72-5-102
Consolidation Of Proceedings§ 72-5-105
Through 72-5-109 Reserved§ 72-5-201
Status Of Guardian Of Minor -- How Acquired Generally -- Letters To Indicate Means Of Appointment§ 72-5-203
Through 72-5-210 Reserved§ 72-5-214
Through 72-5-220 Reserved