Montana Code 72-38-110. Others treated as qualified beneficiaries
72-38-110. Others treated as qualified beneficiaries. (1) Except as provided in 72-38-813, whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.
Terms Used In Montana Code 72-38-110
- 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
- Beneficiary: means a person who:
(a)has a present or future beneficial interest in a trust, vested or contingent; or
(b)in a capacity other than that of trustee, holds a power of appointment over trust property. See Montana Code 72-38-103
- Charitable trust: means a trust or portion of a trust created for a charitable purpose described in 72-38-405(1). See Montana Code 72-38-103
- Permissible distributee: means a beneficiary who is currently eligible to receive distributions of trust income or principal, whether mandatory or discretionary, or who holds a presently exercisable power of appointment over trust property. See Montana Code 72-38-103
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Montana Code 72-38-103
- Principal place of administration: means the usual place in which the day-to-day activity of the trust is carried on by the trustee or its representative who is primarily responsible for the administration of the trust unless otherwise designated by the terms of the trust as provided in 72-38-108. See Montana Code 72-38-103
- Qualified beneficiary: means a beneficiary who on the date the beneficiary's qualification is determined:
(a)is a distributee or permissible distributee of trust income or principal;
(b)would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subsection (16)(a) terminated on that date without causing the trust to terminate; or
(c)would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. See Montana Code 72-38-103
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. 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
(2)A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a beneficiary and a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization’s qualification is being determined:
(a)is a distributee or permissible distributee of trust income or principal;
(b)would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or
(c)would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(3)A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in 72-38-408 or 72-38-409 has the rights of a qualified beneficiary under this chapter.
(4)With respect to a charitable trust having its principal place of administration in this state:
(a)The attorney general of this state has the rights of a beneficiary.
(b)The attorney general of this state has the following two rights of a qualified beneficiary:
(i)the right to request information pursuant to 72-38-813(1); and
(ii)the right to request a copy of the annual report pursuant to 72-38-813(3).
(c)The attorney general of this state has all of the rights of a qualified beneficiary of a charitable trust if, on the date that a determination is being made as to the rights of the attorney general under this subsection(4), a charitable interest in the trust is not represented by a qualified beneficiary under subsection (2).