Montana Code 72-34-439. Life insurance policy proceeds — proceeds of contracts insuring against certain losses — allocation
72-34-439. Life insurance policy proceeds — proceeds of contracts insuring against certain losses — allocation. (1) Except as otherwise provided in subsection (2), a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of, or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income and to principal if the premiums are paid from principal.
Terms Used In Montana Code 72-34-439
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Income: means money or property that a fiduciary receives as current return from a principal asset. See Montana Code 72-34-422
- Income beneficiary: means a person to whom net income of a trust is or may be payable. See Montana Code 72-34-422
- Trustee: A person or institution holding and administering property in trust.
(2)A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to 72-34-435, loss of profits from a business.
(3)This section does not apply to a contract to which 72-34-441 applies.