2005 Montana Code Annotated - 72-34-109 — Duty to dispose of improper investments.

     72-34-109. Duty to dispose of improper investments. (1) Except as provided in subsection (2), the trustee has a duty within a reasonable time to dispose of any part of the trust property included in the trust at the time of its creation, or later acquired by or added to the trust, that would not be a proper investment for the trustee to make.
     (2) Unless the trust instrument expressly provides otherwise, the trustee may, without liability, continue to hold property included in the trust at its creation or later added to the trust or acquired pursuant to proper authority, if retention is in the best interests of the trust or in furtherance of the purposes of the trust.

     History: En. Sec. 81, Ch. 685, L. 1989.