72-3-814. Claims not due and contingent or unliquidated claims. (1) If a claim that will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.
(2) In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:
(a) If the claimant consents, the claimant may be paid the present or agreed value of the claim, taking any uncertainty into account.
(b) Arrangement for future payment or possible payment on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.
History: En. 91A-3-810 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-810; amd. Sec. 2372, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
72-3-802. Statutes of limitations -- waiver -- suspension
72-3-803. Nonclaim -- limitations on presentation of claims -- exceptions
72-3-804. Manner of presentation of claims
72-3-805. Allowance and disallowance of claims -- interest on allowed claims
72-3-806. Counterclaims -- deduction
72-3-807. Classification of claims as to priority of payment
72-3-809. and 72-3-810 reserved
72-3-813. Execution and levies prohibited
72-3-814. Claims not due and contingent or unliquidated claims
72-3-815. Compromise of claims
72-3-816. through 72-3-820 reserved
72-3-821. Administration in more than one state -- payment of claims
72-3-822. Distribution to domiciliary personal representative -- exceptions