70-29-210. Consent of guardian to share of ward. The general guardian of a minor and the guardian entitled to the custody and management of the estate of a person committed pursuant to 53-21-127 or other person adjudged incapable of conducting the person’s own affairs, who is interested in real estate held in joint tenancy or in common or in any other manner so as to authorize the person being made a party to an action, may agree upon the share to be set off to the minor or other person entitled to the share. The guardian may execute a release, in the person’s behalf, to the owners of the shares of the parts to which they may be respectively entitled, upon an order of the court.

Terms Used In Montana Code 70-29-210

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201