72-38-705. Resignation of trustee. (1) A trustee may resign:

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Terms Used In Montana Code 72-38-705

  • Property: means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein. See Montana Code 72-38-103
  • Settlor: means a person, including a testator, who creates or contributes property to a trust. See Montana Code 72-38-103
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: includes an original, additional, and successor trustee and a cotrustee. See Montana Code 72-38-103

(a)upon at least 30 days’ notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or

(b)with the approval of the court.

(2)In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.

(3)Any liability of a resigning trustee or of any sureties on the trustee’s bond for acts or omissions of the trustee is not discharged or affected by the trustee’s resignation.