72-3-906. Improper distribution or payment -- liability of distributee or payee. Unless the distribution or payment can no longer be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid or a claimant who was improperly paid is liable to return the property improperly received and its income since distribution if the claimant has the property. If the claimant does not have the property, then the claimant is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by the claimant.
History: En. 91A-3-909 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-909; amd. Sec. 2376, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
Part 9. Special Provisions Relating to Distribution
72-3-902. Distribution in kind preferred -- method -- valuation
72-3-903. Proposal for distribution -- delivery -- objection
72-3-904. Distribution in kind -- evidence of title
72-3-906. Improper distribution or payment -- liability of distributee or payee
72-3-907. Purchases from distributees protected
72-3-908. through 72-3-910 reserved
72-3-911. Successors' rights if no administration
72-3-912. Successor's indebtedness to estate offset against interest -- defenses available
72-3-913. Interest on general pecuniary devise
72-3-914. Partition for purpose of distribution
72-3-916. Distribution to trustee -- registration -- bond