Montana Code 72-26-802. Accounting by and determination of liability of custodian
72-26-802. Accounting by and determination of liability of custodian. (1) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court:
Terms Used In Montana Code 72-26-802
- Adult: means an individual who has attained the age of 21 years. See Montana Code 72-26-502
- Court: means district court. See Montana Code 72-26-502
- Custodial property: means :
(a)any interest in property transferred to a custodian under this chapter; and
(b)the income from and proceeds of that interest in property. See Montana Code 72-26-502
- Custodian: means a person so designated under 72-26-603 or a successor or substitute custodian designated under 72-26-801. See Montana Code 72-26-502
- 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.
- Legal representative: means an individual's personal representative or conservator. See Montana Code 72-26-502
- Minor: means an individual who has not attained the age of 21 years. See Montana Code 72-26-502
- Person: means an individual, corporation, organization, or other legal entity. See Montana Code 72-26-502
- Property: means real and personal property. See Montana Code 1-1-205
- Transfer: means a transaction that creates custodial property under 72-26-603. See Montana Code 72-26-502
- Transferor: means a person who makes a transfer under this chapter. See Montana Code 72-26-502
(a)for an accounting by the custodian or the custodian’s legal representative; or
(b)for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under 72-26-706 to which the minor or the minor’s legal representative was a party.
(2)A successor custodian may petition the court for an accounting by the predecessor custodian.
(3)The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.
(4)If a custodian is removed under 72-26-801(6), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.