70-1-701. Purpose. It is the purpose of this part to declare that a gift or devise may be made to the estate of a named or otherwise designated person and that a power to appoint to the estate of such a person may be created and exercised in order to ensure that persons who make inter vivos or testamentary conveyances that are subject to the law of Montana can effectively use forms of conveyances that are commonly used in other states to qualify for the federal estate and gift tax marital deductions.

Terms Used In Montana Code 70-1-701

  • Devise: To gift property by will.
  • estate: as used in this part means persons who may take interests in property. See Montana Code 70-1-702
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201