72-38-815. General powers of trustee. (1) A trustee, without authorization by the court, may exercise:
(a) powers conferred by the terms of the trust; and
(b) except as limited by the terms of the trust:
(i) all powers over the trust property that an unmarried competent owner has over individually owned property;
(ii) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and
(iii) any other powers conferred by this chapter.
(2) The exercise of a power is subject to the fiduciary duties prescribed by 72-38-801 through 72-38-817.
History: En. Sec. 102, Ch. 264, L. 2013.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 38. Montana Uniform Trust Code
Part 8. Duties and Powers of Trustee
72-38-801. Duty to administer trust
72-38-804. Prudent administration
72-38-805. Costs of administration
72-38-807. Delegation by trustee
72-38-809. Control and protection of trust property
72-38-810. Recordkeeping and identification of trust property
72-38-811. Enforcement and defense claims
72-38-812. Collecting trust property
72-38-813. Duty to inform and report
72-38-814. Discretionary powers -- tax savings
72-38-815. General powers of trustee
72-38-816. Specific powers of trustee
72-38-817. Distribution upon termination
72-38-818. and 72-38-819 reserved
72-38-821. Distribution under charitable trust or private foundation
72-38-823. Exceptions applicable to split-interest trusts