72-38-815. General powers of trustee. (1) A trustee, without authorization by the court, may exercise:

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Terms Used In Montana Code 72-38-815

  • Fiduciary: A trustee, executor, or administrator.
  • Property: means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein. See Montana Code 72-38-103
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: includes an original, additional, and successor trustee and a cotrustee. See Montana Code 72-38-103

(a)powers conferred by the terms of the trust; and

(b)except as limited by the terms of the trust:

(i)all powers over the trust property that an unmarried competent owner has over individually owned property;

(ii)any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and

(iii)any other powers conferred by this chapter.

(2)The exercise of a power is subject to the fiduciary duties prescribed by 72-38-801 through 72-38-817.