Montana Code 72-38-216. Request for special notice
72-38-216. Request for special notice. (1) If proceedings involving a trust are pending, a beneficiary of the trust may, in person or by attorney, serve on the trustee or the trustee‘s attorney and file with the court clerk where the proceedings are pending a written request stating that the beneficiary desires special notice of the filing of all pleadings in the proceeding relating to any or all of the purposes described in 72-38-213 and giving an address for receiving notice by mail. Proof of service of the request on the trustee must be filed with the court clerk when the request is filed.
Terms Used In Montana Code 72-38-216
- 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
- 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
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- 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)Except as provided in subsection (3), after serving and filing a request and proof of service pursuant to subsection (1), the beneficiary is entitled to notice pursuant to 72-38-209.
(3)A request for special notice made by a beneficiary whose right to notice is restricted by 72-38-603 is not effective.