72-6-213. Alteration of rights. (1) Rights at death under 72-6-212 are determined by the terms of the account at the death of a party.
(2) Except as provided in subsection (3) and unless otherwise agreed in writing between the parties to the account, the terms of an account may be altered by written notice given by a party to the financial institution to change the terms of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during the party's lifetime.
(3) A financial institution may, in its discretion, refuse to honor a request for alteration of rights that would change:
(a) the financial institution's obligations or rights under the contract of deposit; or
(b) the parties to a multiple-party account if the request is not signed by all of the parties to the account.
(4) A right of survivorship arising from the express terms of the account, from 72-6-212, or from a POD designation may not be altered by will.
History: En. Sec. 92, Ch. 494, L. 1993; amd. Sec. 30, Ch. 592, L. 1995; amd. Sec. 4, Ch. 279, L. 1997.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 6. Nonprobate Transfers on Death
Part 2. Multiple-Party Accounts
72-6-202. Limitation on scope of part
72-6-203. Types of account -- existing accounts
72-6-205. Designation of agent
72-6-206. Applicability of beneficial ownership provisions
72-6-207. through 72-6-210 reserved
72-6-211. Ownership during lifetime
72-6-213. Alteration of rights
72-6-214. Accounts and transfers nontestamentary
72-6-216. Community property and tenancy by entireties
72-6-217. through 72-6-220 reserved
72-6-221. Authority of financial institution
72-6-222. Payment on multiple-party account
72-6-223. Payment on POD designation
72-6-224. Payment to designated agent
72-6-228. Liability of nonprobate transferees for creditor claims and statutory allowances