Montana Code 72-3-634. Proceedings for review of employment of agents and compensation of personal representatives and employees
72-3-634. Proceedings for review of employment of agents and compensation of personal representatives and employees. (1) Upon the filing of a motion for settlement of fees by the court filed by an interested person, the personal representative, or the person employed by the personal representative and after notice to all interested persons, the propriety of employment of any person by a personal representative, including any attorney, auditor, investment adviser, or other specialized agent or assistant, the reasonableness of the compensation of any person employed, or the reasonableness of the compensation determined by the personal representative for the personal representative’s own services must be reviewed and determined by the court.
Terms Used In Montana Code 72-3-634
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2)In a dispute concerning fees, the court shall set the fee.
(3)A person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.