Section 5

Citation: Section 5
Parent Document: Donaldson v. State of Montana, 2012 MT 288 (2012)
Jurisdiction: Montana (state)
Effective Date: 2012-12-17
Original Source: https://www.courtlistener.com/opinion/889962/donaldson-v-state-of-montana/ ↗
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Title 53   Social Services and Institutions   Chapter 6    Health Care Services                        Part 1      Medical Assistance -- Medicaid              Section 144       Relative's responsibility                                       Lists husband or wife of individual among only relatives that may be held responsible for payment of medical assistance under the program
                                                                                                                                                                                 Period of ineligibility for medical assistance when assets
                                                                                                                                                                                 disposed of for less than fair market value--undue hardship
Title 53   Social Services and Institutions   Chapter 6    Health Care Services                        Part 1      Medical Assistance -- Medicaid              Section 166       exception-- department to adopt rules                           Includes actions of spouse (with regard to disposition of assets) to determine eligibility for medical assistance
Title 53   Social Services and Institutions   Chapter 6    Health Care Services                        Part 1      Medical Assistance -- Medicaid              Section 167       Recovery of medicaid benefits after recipient's death           Prevents recovery by the State while there is a surviving spouse
                                                                                                                                                                                 Department lien upon real property of certain medicaid          Restricts the department of public health and human services from placing a lien on property lawfully resided in by the recipient's spouse for the
Title 53   Social Services and Institutions   Chapter 6    Health Care Services                        Part 1      Medical Assistance -- Medicaid              Section 171       recipients--conditions                                          recovery of medical assistance paid on behalf of the recipient.
Title 53   Social Services and Institutions   Chapter 6    Health Care Services                        Part 1      Medical Assistance -- Medicaid              Section 178       Department right of recovery--limitations                       Prevents department from recovering on lien while there is a surviving spouse of the recipient
                                                                                                                                                                                 Payment of amount due--periodic payments--substitute
                                                                                                                                                                                                                                                 Allows department to agree with recipient's surviving spouse to accept substitute security and partial payment.
Title 53   Social Services and Institutions   Chapter 6    Health Care Services                        Part 1      Medical Assistance -- Medicaid              Section 179       security
Title 53   Social Services and Institutions   Chapter 6    Health Care Services                        Part 1      Medical Assistance -- Medicaid              Section 182       Spouse's limited exemption from lien                            Provides a recipient's surviving spouse with a limited exemption from a public health and human services lien.
                                                                                                                                                                                 Action by department or other person to preserve property
                                                                                                                                                                                                                                                 Provides exception allowing rate adjustments for change of ownership between husband and wife or changes pursuant to a divorce decree
Title 53   Social Services and Institutions   Chapter 6    Health Care Services                        Part 1      Medical Assistance -- Medicaid              Section 186       subject to lien--recovery of costs
Title 53   Social Services and Institutions   Chapter 7    Vocational Rehabilitation                   Part 2      Sheltered Workshops                         Section 202       Definitions                                                     Provides support services to a person with a severe disability. Services include counseling for family members.
                                                                                                                                                                                                                                                 Crime Victims Compensation Act - Requires that benefits owed to a victim who is killed due to criminally injurious conduct be paid to the spouse
                                                                                                                   The Crime Victims Compensation                                Compensation benefits
                                                                                                                                                                                                                                                 for the benefit of the spouse and other dependents unless the office determines that other payment arrangements should be made.
Title 53   Social Services and Institutions   Chapter 9 Services for Victims of Crime                  Part 1      Act of Montana                            Section 128 3(b)
Title 53   Social Services and Institutions   Chapter 20 Developmental Disabilities                    Part 1      Treatment                                   Section 102    Definitions                                                        Includes spouse in "Next of kin" definition
                                                                                                                                                                                 Definitions                                                     Includes spouse in "Next of kin" definition
Title 53   Social Services and Institutions   Chapter 21 Mentally Ill                                  Part 1      Treatment of the Seriously Mentally Ill     Section 102
                                                                                                                                                                                 Court review                                                    Directs compact administrator to consult with immediate family of any proposed transferee
Title 53   Social Services and Institutions   Chapter 22 Interstate Compact on Mental Health           Part 1      General Provisions                          Section 105
                                                                                                                   Treatment of Alcoholics and
                                                                                                                                                                                 Involuntary commitment of alcoholics--rights                    Allows commitment upon petition of person's spouse or guardian or a relative
Title 53   Social Services and Institutions   Chapter 24 Alcoholism and Drug Dependence                Part 3      Intoxicated Persons                         Section 302
                                                                                                                                                                                                                                                 Lists conditions by which the surviving spouse may secure transfer of a decedent's ownership interests in one or more motor vehicles if: "(a) the
                                                                                                                                                                                                                                                 value of the entire estate, including any vehicles, vessels, or snowmobiles for which transfer of ownership is sought, less liens and encumbrances,
                                                                                                                                                                                 Surviving spouse or heir--small estates                         does not exceed the limit set forth in 72-3-1101;
                                                           Certificates of Title, Registration, and                                                                                                                                                 (b) the decedent did not leave other property that requires the procuring of letters of administration or letters testamentary; and
Title 61   Motor Vehicles                     Chapter 3    Taxation of Motor Vehicles                  Part 2      Certificates of Title                       Section 222                                                                          (c) the decedent did not by execution of a will otherwise bequeath the property."
                                                                                                                                                                                 Special motorcycle license plates for military personnel,
                                                           Certificates of Title, Registration, and                                                                              veterans, and spouses--department to design--fees--             Provides for a surviving spouse of an eligible veteran who has not remarried to retain special motorcycle license plate
Title 61   Motor Vehicles                     Chapter 3    Taxation of Motor Vehicles                  Part 4      Special Registration                        Section 414       disposition
                                                           Certificates of Title, Registration, and                                                                              Special plates for military personnel, veterans, spouses, and
                                                                                                                                                                                                                                                 Provides for a surviving spouse of an eligible veteran who has not remarried to retain special vehicle license plate
Title 61   Motor Vehicles                     Chapter 3    Taxation of Motor Vehicles                  Part 4      Special Registration                        Section 458       gold star families
                                                           Certificates of Title, Registration, and                                                                              Motor vehicle registration fee and veterans' cemetery fee
                                                                                                                                                                                                                                                 Provides waivers for surviving spouses of veterans who have not remarried
Title 61   Motor Vehicles                     Chapter 3    Taxation of Motor Vehicles                  Part 4      Special Registration                        Section 460       waivers
                                                           Sales and Distribution of Motor
                                                                                                                                                                                 Dealer plates--restriction of use--fees                         Allows dealer's spouse to drive car with dealer plates
Title 61   Motor Vehicles                     Chapter 4    Vehicles                                    Part 1      Dealers                                     Section 102
                                                           Sales and Distribution of Motor
                                                                                                                                                                                 Definitions                                                     Defines "Designated family member" to include spouse and certain consanguine relations
Title 61   Motor Vehicles                     Chapter 4    Vehicles                                    Part 1      Dealers                                     Section 131
                                                           Sales and Distribution of Motor                                                                                       Right of designated family member to succeed in dealership
                                                                                                                                                                                                                                                 Allows designated family members to succeed the dealer in the ownership of a dealership under an existing agreement
Title 61   Motor Vehicles                     Chapter 4    Vehicles                                    Part 1      Dealers                                     Section 132       ownership
                                                           Sales and Distribution of Motor
                                                                                                                                                                                 Refusal to honor succession to ownership--notice required       Requires notice to be given if designated family member's succession is not to be recognized
Title 61   Motor Vehicles                     Chapter 4    Vehicles                                    Part 1      Dealers                                     Section 133
                                                           Sales and Distribution of Motor
                                                                                                                                                                                 Procedure to determine right to succeed                         Provides designated family member a method to file a complaint if manufacturer, etc. refuses to honor transfer
Title 61   Motor Vehicles                     Chapter 4    Vehicles                                    Part 1      Dealers                                     Section 134
                                                           Sales and Distribution of Motor
                                                                                                                                                                                 Manufacturer's right of first refusal                           Exempts transfers or sales to members of dealer's family from right of first refusal
Title 61   Motor Vehicles                     Chapter 4    Vehicles                                    Part 1      Dealers                                     Section 141
                                                                                                                   Licensing of New Motor Vehicle
                                                           Sales and Distribution of Motor                         Manufacturers, Distributors, and                              Limitations on cancellation and termination                     Requires franchisor to give effect to a sale or transfer to dealer or wholesaler's spouse under certain circumstances
Title 61   Motor Vehicles                     Chapter 4    Vehicles                                    Part 2      Importers                                   Section 205
Title 61   Motor Vehicles                     Chapter 5    Driver's Licenses                           Part 1      Licensing Provisions                        Section 104       Exemptions                                                      Exempts from driver's license requirements spouses of active duty military personnel who are not working.
 Title     Title Desc.                      Chapter     Chapter Desc.                            Part     Part Desc.                                  Section      Section Desc.                                                     Description
                                                                                                                                                                   Contents of driver's license, renewal, renewal by mail, license
                                                                                                                                                                   expirations, grace period, and fees for licenses, permits, and    Allows spouse of active duty military personnel stationed outside of Montana to renew by mail one additional time over other residents
Title 61   Motor Vehicles                   Chapter 5 Driver's Licenses                         Part 1    Licensing Provisions                      Section 111    endorsements-- notice of expiration
Title 69   Public Utilities and Carriers    Chapter 11 Regulation of Carriers                   Part 2    Carriers of Passengers                    Section 208    Classes of persons who may receive free transportation            Includes families and surviving spouses of certain categories of people
Title 69   Public Utilities and Carriers    Chapter 14 Railroads                                Part 10   Railroad Personnel                        Section 1006   Liability for death or injury to railroad employees               Provides for damages to be paid for the benefit of the surviving spouse in the event of a death caused by the railroad
                                                       Definitions and Kinds of Estates in
                                                                                                                                                                   Married persons--execution                                        Married persons may execute a power with regard to real property during marriage without the concurrence of the spouse.
Title 70   Property                         Chapter 15 Real Property                            Part 3    Powers                                    Section 303
                                                       Forcible Entry and Detainer Unlawful               Definitions and Preliminary
                                                                                                                                                                   Parties defendant                                                 If married person is a tenant, failure to join spouse is not a defense, but any execution of judgment can only be enforced on separate property
Title 70   Property                         Chapter 27 Detainer                                 Part 1    Procedure                                 Section 111
                                                       Relocation Assistance Fair
                                                                                                                                                                   Definitions                                                       Definition of "Average annual net earnings" includes earnings of owner's spouse
Title 70   Property                         Chapter 31 Treatment of Condemnees                  Part 1    General Provisions                        Section 102
                                                                                                                                                                                                                                     Homestead subject to execution or forced sale when satisfying judgments on debts from mortgage on the property executed and acknowledged
                                                                                                                                                                   Execution allowed under certain judgments
Title 70   Property                         Chapter 32 Homesteads                               Part 2    Homestead Exemption -- Execution          Section 202                                                                      by both husband and wife or unmarried claimant.
                                                                                                          Conveyance, Encumbrance, and                                                                                               The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is
                                                                                                                                                                   How conveyed or encumbered--instrument
Title 70   Property                         Chapter 32 Homesteads                               Part 3    Abandonment of Homestead                  Section 301                                                                      executed and acknowledged by both husband and wife.
                                                                                                          Conveyance, Encumbrance, and                                                                                               A homestead can be abandoned only by a declaration of abandonment or a grant thereof executed and acknowledged by the husband and wife
                                                                                                                                                                   How abandoned--declaration
Title 70   Property                         Chapter 32 Homesteads                               Part 3    Abandonment of Homestead                  Section 302                                                                      if the claimant is married.
Title 71   Mortgages, Pledges, and Liens    Chapter 3 Liens                                     Part 5    Construction Liens                        Section 522    Definitions                                                       In definition of "Contracting owner", agency is presumed between spouses
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