72-38-817. Distribution upon termination. (1) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.
(2) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.
(3) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:
(a) it was induced by improper conduct of the trustee; or
(b) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.
History: En. Sec. 104, 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