Montana § 72-5-439 Payment Of Debt And Delivery Of Property To Foreign Conservator Without Local Proceedings

Montana Statutes

§ 72-5-439 — Payment Of Debt And Delivery Of Property To Foreign Conservator Without Local Proceedings

Montana § 72-5-439

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 § 72-5-439 (Payment Of Debt And Delivery Of Property To Foreign Conservator Without Local Proceedings) 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. § 72-5-439 (2026).

Text

72-5-439 . Payment of debt and delivery of property to foreign conservator without local proceedings.

(1)A person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other fiduciary appointed by a court of the state or residence of the protected person upon being presented with proof of the conservator's, guardian's, or fiduciary's appointment and an affidavit made by the conservator, guardian, or fiduciary or on the conservator's, guardian's, or fiduciary's behalf stating that:

(a)no protective proceeding relating to the protected person is pending in this state; and

(b)the foreign conservator is entitled to payment

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72-5-439 . Payment of debt and delivery of property to foreign conservator without local proceedings. (1) A person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other fiduciary appointed by a court of the state or residence of the protected person upon being presented with proof of the conservator's, guardian's, or fiduciary's appointment and an affidavit made by the conservator, guardian, or fiduciary or on the conservator's, guardian's, or fiduciary's behalf stating that:
(a) no protective proceeding relating to the protected person is pending in this state; and
(b) the foreign conservator is entitled to payment or to receive delivery.
(2) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.