2019 Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 38. Montana Uniform Trust Code
Part 1. General Provisions, Definitions, Constructive and Resulting Trusts, and Notice of Proposed Action by Trustee
72-38-110. Others treated as qualified beneficiaries
72-38-110. Others treated as qualified beneficiaries. (1) Except for 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.
(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 if, on the date that a determination is being made as to the rights of the attorney general under this subsection:
(i) any charitable organization:
(A) is a distributee or permissible distributee of trust income or principal; or
(B) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date; and
(ii) no charitable organization expressly designated to receive distributions under the terms of the charitable trust:
(A) is a distributee or permissible distributee of trust income or principal; or
(B) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
History: En. Sec. 10, Ch. 264, L. 2013.
