Montana Statutes
§ 72-7-310 — Disposition Of Unappointed Property Under Released Or Unexercised General Power
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 7 UNIFORM POWERS OF APPOINTMENT ACT·Part 3 Exercise of Power of Appointment
72-7-310 . Disposition of unappointed property under released or unexercised general power. To the extent a powerholder releases or fails to exercise a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust:
(1)the gift-in-default clause controls the disposition of the unappointed property; or
(2)if there is no gift-in-default clause or to the extent the clause is ineffective:
(a)except as otherwise provided in subsection (2)(b), the unappointed property passes to:
(i)the powerholder if the powerholder is a permissible appointee and living; or
(ii)if the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee; or
(b)to the extent the powerholder released the power or if ther
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Montana § 72-7-310 (Disposition Of Unappointed Property Under Released Or Unexercised General Power) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
En. Sec. 20, Ch. 293, L. 2015.
Nearby Sections
15
§ 72-7-101
Short Title§ 72-7-102
Definitions§ 72-7-103
Governing Law§ 72-7-104
Common Law And Principles Of Equity§ 72-7-201
Creation Of Power Of Appointment§ 72-7-202
Nontransferability§ 72-7-203
Presumption Of Unlimited Authority§ 72-7-205
Rules Of Classification§ 72-7-206
Power To Revoke Or Amend§ 72-7-305
Permissible Appointment