70-29-328. Incompetent's share of proceeds -- payment to guardian. The guardian who may be entitled to the custody and management of the estate of a person committed pursuant to 53-21-127 or other person adjudged incapable of conducting the person's own affairs, whose interest in real property has been sold, may receive on behalf of the person the person's share of the proceeds of the real property from the referees. The guardian may receive the interest on executing an undertaking with a surety. The undertaking must be approved by a judge of the court and must state that the guardian will faithfully discharge the trust placed in the guardian and will make an accurate account to the person entitled to the accounting or to the person's legal representative.
History: En. Sec. 534, p. 148, Bannack Stat.; re-en. Sec. 306, p. 196, L. 1867; re-en. Sec. 355, p. 104, Cod. Stat. 1871; rep. Sec. 627, p. 215, L. 1877; en. Sec. 1389, C. Civ. Proc. 1895; re-en. Sec. 6932, Rev. C. 1907; re-en. Sec. 9565, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 794; re-en. Sec. 9565, R.C.M. 1935; R.C.M. 1947, 93-6350; amd. Sec. 25, Ch. 115, L. 1979; amd. Sec. 38, Ch. 490, L. 1997.
Structure Montana Code Annotated
Chapter 29. Partition of Real Property
Part 3. Sale and Disposition of Proceeds
70-29-301. Sale to be at public auction -- notice
70-29-302. Terms of sale to be made known
70-29-303. Who may not be purchasers
70-29-304. Party or encumbrancer as purchaser
70-29-305. Court to direct terms of credit and investment
70-29-306. Security for sales on credit
70-29-307. Security taken and investment made in name of clerk
70-29-308. Agreement of parties as to security
70-29-309. Referees' report of sale
70-29-310. Execution of conveyances and taking of security
70-29-311. Conveyances to be recorded -- bar against parties
70-29-312. through 70-29-320 reserved
70-29-321. Priorities for application of proceeds
70-29-322. Other securities to be exhausted first
70-29-323. Disposition of proceeds generally
70-29-324. Continuation of action when proceeds paid into court
70-29-325. Future interests -- ascertainment -- share of proceeds
70-29-326. Tenant for life or years -- compensation upon sale
70-29-327. Minor's share of proceeds -- payment to guardian
70-29-328. Incompetent's share of proceeds -- payment to guardian
70-29-329. Proceeds of sale belonging to persons unknown or out-of-state -- how invested