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Mont. Code Ann. § 72-38-506

Overdue distribution

Known as the Montana Uniform Trust Code

The act spans §§ 72–72 (139 sections).

En

(1) (a) In this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust.

(b) The term does not include a distribution subject to the exercise of the trustee's discretion even if:

(i) the discretion is expressed in the form of a standard of distribution; or

(ii) the terms of the trust authorizing a distribution couple language of discretion with language of direction.

(2) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.