Montana § 72-5-436 Claims Arising During Conservatorship -- Individual Liability Of Conservator

Montana Statutes

§ 72-5-436 — Claims Arising During Conservatorship -- Individual Liability Of Conservator

Montana § 72-5-436

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 5UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP

Part 4Protection of Property of Minors and Persons Under Disability

This text of Montana § 72-5-436 (Claims Arising During Conservatorship -- Individual Liability Of Conservator) 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. § 72-5-436 (2026).

Text

72-5-436 . Claims arising during conservatorship -- individual liability of conservator.

(1)Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in the conservator's fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.

(2)The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if the conservator is personally at fault.

(3)Claims based on contracts entered into by a conservator in a fiduciary capacity on obligations arising from ownership or control of the estate or on tort

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72-5-436 . Claims arising during conservatorship -- individual liability of conservator. (1) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in the conservator's fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.
(2) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if the conservator is personally at fault.
(3) Claims based on contracts entered into by a conservator in a fiduciary capacity on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the conservator's fiduciary capacity, whether or not the conservator is individually liable.
(4) Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding or action.