Montana Code 72-34-449. Disbursements from principal
72-34-449. Disbursements from principal. (1) A trustee shall make the following disbursements from principal:
Terms Used In Montana Code 72-34-449
- 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
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Income: means money or property that a fiduciary receives as current return from a principal asset. See Montana Code 72-34-422
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: means real and personal property. See Montana Code 1-1-205
- Trustee: A person or institution holding and administering property in trust.
(a)except as otherwise ordered by the court, the remaining one-half of the disbursements described in 72-34-448(1) and (2);
(b)except as otherwise ordered by the court, all of the trustee’s compensation calculated on principal as a fee for acceptance, distribution, or termination and disbursements made to prepare property for sale;
(c)payments on the principal of a trust debt;
(d)expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property;
(e)premiums paid on a policy of insurance not described in 72-34-448(4) of which the trust is the owner and beneficiary;
(f)estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust; and
(g)disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.
(2)If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.