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/ ↗
Full Text

31,002 chars
Estates, Trusts, and Fiduciary               Uniform Probate Code General                      Short Title, Definitions, Construction,                  General definitions                                               Definition of "Heirs" includes surviving spouse. Definition of "interested person" includes spouse
Title 72   Relationships                    Chapter 1   Provisions                              Part 1    and General Provisions                    Section 103
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative                                                                                                                                        Grants a share of decedent's intestate estate to the surviving spouse. If "no descendant or parent of the decedent survives the decedent," the
                                                                                                                                                                   Share of spouse
Title 72   Relationships                    Chapter 2   Transfers                               Part 1    Intestate Succession                      Section 112                                                                      surviving spouse is granted the entire intestate estate.
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative                                                                                                                                        Establishes a surviving spouse's right to an elective share of a decedent's estate. This share ranges from a supplemental amount to 50% of the
                                                                                                                                                                   N/A
Title 72   Relationships                    Chapter 2   Transfers                               Part 2    Elective Share of Surviving Spouse            All                                                                          augmented estate, depending on the length of marriage.
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative             Spouse and Children Unprovided for
                                                                                                                                                                   Entitlement of spouse--premarital will                            Provides potential intestate inheritance rights to surviving spouse when a testator executed a will prior to marrying the surviving spouse.
Title 72   Relationships                    Chapter 2   Transfers                               Part 3    in Wills                                  Section 331
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative
                                                                                                                                                                   Homestead allowance
Title 72   Relationships                    Chapter 2   Transfers                               Part 4    Exempt Property and Allowances            Section 412                                                                      Grants decedent's surviving spouse a homestead allowance of $20,000.
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative
                                                                                                                                                                   Exempt property
Title 72   Relationships                    Chapter 2   Transfers                               Part 4    Exempt Property and Allowances            Section 413                                                                      Grants surviving spouse up to $10,000 of exempt property in the decedent's estate.
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative                                                                                                                                        Grants decedent's surviving spouse a maintenance allowance during the administration of the estate for up to one year. The maximum allowance
                                                                                                                                                                   Family allowance
Title 72   Relationships                    Chapter 2   Transfers                               Part 4    Exempt Property and Allowances            Section 414                                                                      is $18,000.
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative                                                                                                                                        If estate is otherwise sufficient, devised property may not be used to satisfy homestead allowance or exempt property. Surviving spouse may
                                                                                                                                                                   Source, determination, and documentation
Title 72   Relationships                    Chapter 2   Transfers                               Part 4    Exempt Property and Allowances            Section 415                                                                      choose what property to use for these amounts.
                                                                                                          Rules of Construction Applicable to
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative             Wills and Other Governing                                Class gifts construed to accord with intestate succession         Provides for a child not born of the transferor to be a child of that person if child lived with that person or that person's parent, brother, sister,
Title 72   Relationships                    Chapter 2   Transfers                               Part 7    Instruments                               Section 715                                                                      spouse or surviving spouse.
                                                                                                          Rules of Construction Applicable to
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative             Wills and Other Governing                                Interests in "heirs" and like
Title 72   Relationships                    Chapter 2   Transfers                               Part 7    Instruments                               Section 721                                                                      Excludes surviving spouse as "heir" if surviving spouse has remarried.
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative             General Provisions Concerning
                                                                                                                                                                   Effect of divorce, annulment, or degree of separation
Title 72   Relationships                    Chapter 2   Transfers                               Part 8    Probate and Nonprobate Transfers          Section 812                                                                      Divorced or annulled spouses are not surviving spouses. However, separated spouses are surviving spouses.
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative             General Provisions Concerning                            Revocation of probate and nonprobate transfers by divorce--
Title 72   Relationships                    Chapter 2   Transfers                               Part 8    Probate and Nonprobate Transfers          Section 814    no revocation by other changes of circumstances                   Provides for revocation of rights (by contract or court order) upon divorce or annulment.
           Estates, Trusts, and Fiduciary               UPC -- Intestacy, Wills, and Donative             Uniform Statutory Rule Against
                                                                                                                                                                   Exclusions from statutory rule against perpetuities
Title 72   Relationships                    Chapter 2   Transfers                               Part 10   Perpetuities--Honorary Trusts             Section 1005                                                                     Excludes spouse's election from rule against perpetuities, as well as certain pension-related plans
           Estates, Trusts, and Fiduciary                                                                 Formal Testacy and Appointment                                                                                             Requires notice of hearing be given to surviving spouse as well as other heirs of decedent, any personal representatives, and any devisees and
                                                                                                                                                                   Notice of hearing on petition for formal testacy proceeding
Title 72   Relationships                    Chapter 3   UPC -- Probate and Administration       Part 3    Proceedings                               Section 305                                                                      executors
                                                                                                          Personal Representative
                                                                                                                                                                                                                                     Provides for appointment of surviving spouse as a person's personal representative in probate in the absence of a person with priority as
           Estates, Trusts, and Fiduciary                                                                 Appointment Priorities, Bond, and                        Priorities for appointment
                                                                                                                                                                                                                                     determined by a probated will, including a person nominated by a power conferred in a will.
Title 72   Relationships                    Chapter 3   UPC -- Probate and Administration       Part 5    Termination                               Section 502
           Estates, Trusts, and Fiduciary                                                                 Personal Representative Powers,
                                                                                                                                                                   Transaction involving conflict of interest--voidable--exceptions Sales to personal representative or representative's spouse can be voided by persons with interest in estate under specific circumstances.
Title 72   Relationships                    Chapter 3   UPC -- Probate and Administration       Part 6    Duties, and Compensation                  Section 615
           Estates, Trusts, and Fiduciary                                                                 Special Provisions Relating to                                                                                             Provides for the priority of a spouse who has selected particular assets of an estate under exempt property. Also restricts instances when a
                                                                                                                                                                   Distribution in kind preferred--method--valuation
Title 72   Relationships                    Chapter 3   UPC -- Probate and Administration       Part 9    Distribution                              Section 902                                                                      homestead or family allowance can be paid in kind.
           Estates, Trusts, and Fiduciary                                                                 Special Provisions Relating to
                                                                                                                                                                   Distribution to person under disability                           Allows distribution to be made to person's spouse under certain circumstances
Title 72   Relationships                    Chapter 3   UPC -- Probate and Administration       Part 9    Distribution                              Section 917
           Estates, Trusts, and Fiduciary               UPC -- Persons Under Disability
                                                                                                                                                                   Informal discharge of duty to pay or deliver property to minor    Allows for distribution to minor if, among other scenarios, the minor is married
Title 72   Relationships                    Chapter 5   Guardianship and Conservatorship        Part 1    General Provisions                        Section 104
           Estates, Trusts, and Fiduciary               UPC -- Persons Under Disability                                                                            Testamentary appointment of guardian for incapacitated
                                                                                                                                                                                                                                     Allows spouse of minor to appoint by will or other writing a guardian for minor spouse under certain circumstances
Title 72   Relationships                    Chapter 5   Guardianship and Conservatorship        Part 3    Guardians of Incapacitated Persons        Section 302    person-- when effective--priorities
           Estates, Trusts, and Fiduciary               UPC -- Persons Under Disability                                                                                                                                              Provides for spouse's appointment as guardian for an incapacitated person in the absence of a guardian nominated by the person prior to
                                                                                                                                                                   Who may be guardian--priorities
Title 72   Relationships                    Chapter 5   Guardianship and Conservatorship        Part 3    Guardians of Incapacitated Persons        Section 312                                                                      incapacitation.
           Estates, Trusts, and Fiduciary               UPC -- Persons Under Disability
                                                                                                                                                                   Notices in guardianship proceedings                               Requires incapacitated person's spouse to receive notice
Title 72   Relationships                    Chapter 5   Guardianship and Conservatorship        Part 3    Guardians of Incapacitated Persons        Section 314
           Estates, Trusts, and Fiduciary               UPC -- Persons Under Disability                   Protection of Property of Minors and                                                                                       Provides for spouse's appointment as conservator or a protected person's estate in the absence of a court-appointed conservator or someone
                                                                                                                                                                   Who may be appointed conservator--priorities
Title 72   Relationships                    Chapter 5   Guardianship and Conservatorship        Part 4    Persons Under Disability                  Section 410                                                                      nominated by the protected person.
           Estates, Trusts, and Fiduciary               UPC -- Persons Under Disability                   Protection of Property of Minors and
                                                                                                                                                                   Powers of conservator in administration                           Conservator retains all powers conferred under section until minor turns 18 or is married
Title 72   Relationships                    Chapter 5   Guardianship and Conservatorship        Part 4    Persons Under Disability                  Section 427
           Estates, Trusts, and Fiduciary               UPC -- Persons Under Disability                   Protection of Property of Minors and
                                                                                                                                                                   Transaction involving conflict of interest--voidable--exceptions Sales to conservator or conservator's spouse can be voided by persons with interest in estate under specific circumstances.
Title 72   Relationships                    Chapter 5   Guardianship and Conservatorship        Part 4    Persons Under Disability                  Section 434
           Estates, Trusts, and Fiduciary
                                                                                                                                                                   Rights of creditors and others                                    Rights of creditors do not trump allowances due to the surviving spouse and children
Title 72   Relationships                    Chapter 6   Nonprobate Transfers on Death           Part 1    Provisions Relating to Effect of Death    Section 122
           Estates, Trusts, and Fiduciary
                                                                                                                                                                   Ownership during lifetime                                         Establishes a presumption that the net contribution of married people into a multiple-person account is equal
Title 72   Relationships                    Chapter 6   Nonprobate Transfers on Death           Part 2    Multiple-Party Accounts                   Section 211
           Estates, Trusts, and Fiduciary
                                                                                                                                                                   Rights at death                                                   If surviving spouse is an account holder, he/she gets the entire amount that decedent was entitled to
Title 72   Relationships                    Chapter 6   Nonprobate Transfers on Death           Part 2    Multiple-Party Accounts                   Section 212
           Estates, Trusts, and Fiduciary
                                                                                                                                                                   Rights of creditors and others                                    Protects surviving spouse's estate and statutory allowances against transfers resulting from a right of survivorship or POD designation.
Title 72   Relationships                    Chapter 6   Nonprobate Transfers on Death           Part 2    Multiple-Party Accounts                   Section 215
           Estates, Trusts, and Fiduciary                                                                                                                                                                                            Deposit of community property into account doesn't alter the community character of the property, but right of survivorship between married
                                                                                                                                                                   Community property and tenancy by entireties
Title 72   Relationships                    Chapter 6  Nonprobate Transfers on Death            Part 2    Multiple-Party Accounts                   Section 216                                                                      parties that arises from terms of account cannot be altered by will
           Estates, Trusts, and Fiduciary              Disposition of Community Property                  Uniform Disposition of Community
                                                                                                                                                                   N/A                                                               Addresses acquisition and distribution of property acquired by spouses in community property jurisdictions
Title 72   Relationships                    Chapter 9  Rights at Death                          Part 1    Property Rights at Death                      All
           Estates, Trusts, and Fiduciary              Estate and Generation-Skipping
                                                                                                                                                                   Allowance for exemptions, deductions, and credits                 No apportionment made against property passing to or in trust for a surviving spouse
Title 72   Relationships                    Chapter 16 Taxes                                    Part 6    Appointment of Taxes                      Section 607
           Estates, Trusts, and Fiduciary                                                                 Execution and Operation of                                                                                                 Decedent's spouse is listed as one of the people who may make an anatomical gift of all or part of decedent's body in the absence of an
                                                                                                                                                                   Making, revoking, and objecting to anatomical gifts by others
Title 72   Relationships                    Chapter 17 Anatomical Gift Act                      Part 2    Anatomical Gift                           Section 214                                                                      unrevoked refusal by decedent.
           Estates, Trusts, and Fiduciary                                                                 Creation and Validity of Trusts                                                                                            A purchase money resulting trust does not arise when the transferee is a spouse, child, or other natural object of the bounty of the person who
                                                                                                                                                                   Purchase money resulting trust
Title 72   Relationships                    Chapter 33 Trust Code General Provisions            Part 2    Resulting and Constructive Trusts         Section 218                                                                      paid the purchase price.
           Estates, Trusts, and Fiduciary                                                                 Montana Uniform Principal and
                                                                                                                                                                   Adjustments between principal and income                          Restricts adjustments to trusts that require all income to be paid at least annually to a spouse
Title 72   Relationships                    Chapter 34 Trust Code--Trust Administration         Part 4    Income Act                                Section 424
           Estates, Trusts, and Fiduciary                                                                 Montana Uniform Principal and
                                                                                                                                                                   Adjustments between principal and income                          Allows person to require a trustee to modify a trust to increase spouse's income from a trust to maintain marital deduction
Title 72   Relationships                    Chapter 34 Trust Code--Trust Administration         Part 4    Income Act                                Section 445
Title 76   Land Resources and Use           Chapter 3 Local Regulation of Subdivisions          Part 1    General Provisions                        Section 103    Definitions                                                       Defines "Immediate family" to mean spouse, children by blood or adoption and parents
 Title     Title Desc.         Chapter     Chapter Desc.                        Part     Part Desc.                           Section      Section Desc.                                                   Description
                                          Agricultural, Grazing, and Other                                                                 Loss of preference right--cancellation of lease--subleasing--   Increases maximum sublease period from 3 to 5 years when sublease is to family member (defined as spouse, son, daughter, adopted child or
Title 77   State Lands         Chapter 6  Surface Leases                        Part 2   Leasing Procedure                   Section 212   pasturing agreements                                            sibling).
                                          Montana Agricultural Loan Authority                                                                                                                              Exempts spouse, children, or corporation owned by spouse or children from rule that a bond must be repaid immediately if the land which was
                                                                                                                                           Immediate repayment
Title 80   Agriculture         Chapter 12 Act                                   Part 2   Loans                               Section 202                                                                   purchased using a bond issued by the authority is sold
                                                                                                                                           Inspection of livestock before change of ownership or removal Defines "Members of the same family" to include spouse, and blood relatives and those relatives' spouses. Exempts change of ownership
Title 81   Livestock           Chapter 3   Marks and Brands                     Part 2   Inspection of Marks and Brands      Section 211   from county--transportation permits                             between family members from inspection requirements.
                                                                                                                                           Hunter management program--benefits for providing hunting Allows a landowner who meets certain requirements to designate an immediate family member (defined as parent, grandparent, child, or
                                                                                         Department of Fish, Wildlife, and                 access-- nonresident landowner limitation--restriction on       grandchild by blood or marriage, a spouse, an adopted child, a sibling's spouse or niece or nephew) to receive a Class AAA combination sports
Title 87   Fish and Wildlife   Chapter 1   Organization and Operation           Part 2   Parks                               Section 266   landowner liability                                             license.
                                           Fishing, Hunting, and Trapping                                                                                                                                  Allows member of the armed forces to maintain Montana residency for purposes of section if member's spouse and dependents continue to live in
                                                                                                                                           Resident defined
Title 87   Fish and Wildlife   Chapter 2   Licenses                             Part 1   General Provisions                  Section 102                                                                   Montana and member meets remainder of residency criteria.
                                           Fishing, Hunting, and Trapping                                                                  Application for license--penalties for violation--forfeiture of
                                                                                                                                                                                                           A resident may apply for and purchase a wildlife conservation license, hunting license, or fishing license for the resident's spouse.
Title 87   Fish and Wildlife   Chapter 2   Licenses                             Part 1   General Provisions                  Section 106   privileges
                                           Fishing, Hunting, and Trapping                                                                  Misdemeanor and felony possession of hunting or fishing         Allows a person to carry or have control over license or permit issued to person's spouse or to any minor when the person is hunting with that
Title 87   Fish and Wildlife   Chapter 2   Licenses                             Part 1   General Provisions                  Section 114   license or permit--penalties                                    person
                                           Fishing, Hunting, and Trapping                                                                  License for nonresident to hunt with resident sponsor or        A nonresident may be licensed to hunt with resident sponsor or family member. Among other requirements, sponsor must be related to the
Title 87   Fish and Wildlife   Chapter 2   Licenses                             Part 5   Game Animal Licenses                Section 526   family member--use of license revenue                           nonresident within the second degree of kinship by blood or marriage.
 APPENDIX 2 to DISSENT (Plaintiffs’ Prayer for Relief)
Other Sections in This Document (2523)

Full Text
