72-26-606. Other transfer by fiduciary. (1) Subject to subsection (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to 72-26-603, in the absence of a will or under a will or trust that does not contain an authorization to do so.

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Terms Used In Montana Code 72-26-606

  • Adult: means an individual who has attained the age of 21 years. See Montana Code 72-26-502
  • Conservator: means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. See Montana Code 72-26-502
  • Court: means district court. See Montana Code 72-26-502
  • Custodian: means a person so designated under 72-26-603 or a successor or substitute custodian designated under 72-26-801. See Montana Code 72-26-502
  • Fiduciary: A trustee, executor, or administrator.
  • Minor: means an individual who has not attained the age of 21 years. See Montana Code 72-26-502
  • Personal representative: means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. See Montana Code 72-26-502
  • Transfer: means a transaction that creates custodial property under 72-26-603. See Montana Code 72-26-502
  • Trust company: means a financial institution, corporation, or other legal entity authorized to exercise general trust powers. See Montana Code 72-26-502
  • Trustee: A person or institution holding and administering property in trust.

(2)Subject to subsection (3), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to 72-26-603.

(3)A transfer under subsection (1) or (2) may be made only if:

(a)the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;

(b)the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and

(c)the transfer is authorized by the court if it exceeds $10,000 in value.