Montana Code 72-38-606. Separate writing identifying disposition of tangible personal property
72-38-606. Separate writing identifying disposition of tangible personal property. (1) A revocable trust instrument may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the trust, other than money.
Terms Used In Montana Code 72-38-606
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein. See Montana Code 72-38-103
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
- Settlor: means a person, including a testator, who creates or contributes property to a trust. See Montana Code 72-38-103
- Writing: includes printing. See Montana Code 1-1-203
(2)To be admissible under this section as evidence of the intended disposition, the writing must be signed by the settlor and must describe the items and the devisees with reasonable certainty.
(3)The writing may be:
(a)referred to as one to be in existence at the time of the settlor’s death;
(b)prepared before or after the execution of the trust;
(c)altered by the settlor after its preparation; and
(d)a writing that has no significance apart from its effect upon the dispositions made by the trust.