Montana Code Annotated

Mont. Code Ann. § 72-2-104 (2026)

Renumbered 72-2-813

✓ current as of May 2026
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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 2. UPC -- INTESTACY, WILLS, AND DONATIVE TRANSFERS

Part 1. Intestate Succession

Renumbered 72-2-813

72-2-104. Renumbered 72-2-813. Code Commissioner, 1993.

Notes of Decisions
Cited in 3 cases, 1982–1996 · leading case: Matter of Est. of Garland, 928 P.2d 928 (Mont. 1996).
Matter of Est. of Garland, 928 P.2d 928 (Mont. 1996). · cites it 16× “” The District Court’s statement appears to incorporate language from § 72-2-104(2), MCA (1991), the predecessor to § 72-2-813(3)(b), MCA, which provided: Any joint tenant who feloniously and intentionally kills another joint tenant thereby effects a severance of the interest of…”
In Re the Est. of Matye, 645 P.2d 955 (Mont. 1982). · cites it 23× “The PR argues that the District Court relied upon section 72-2-104(2), MCA, and failed to apply section 72-2-104(1), MCA, which has not yet been construed by this Court.”
Est. of Matye (Mont. 1982). · cites it 14× “According to the PR, allowing the wife to keep half the proceeds of the sale rewards her wrongdoing, contrary to section 72-2-104(1), MCA, by permitting her to benefit from her destruction of the possibility that the husband would survive her and become sole owner of all the…”
Mont. Code Ann. § 72-2-104(1): 2 cases
In Re the Est. of Matye, 645 P.2d 955 (Mont. 1982). “The PR argues that the District Court relied upon section 72-2-104(2), MCA, and failed to apply section 72-2-104(1), MCA, which has not yet been construed by this Court.”
Est. of Matye (Mont. 1982). “According to the PR, allowing the wife to keep half the proceeds of the sale rewards her wrongdoing, contrary to section 72-2-104(1), MCA, by permitting her to benefit from her destruction of the possibility that the husband would survive her and become sole owner of all the…”
Mont. Code Ann. § 72-2-104(2): 3 cases
Matter of Est. of Garland, 928 P.2d 928 (Mont. 1996). “” The District Court’s statement appears to incorporate language from § 72-2-104(2), MCA (1991), the predecessor to § 72-2-813(3)(b), MCA, which provided: Any joint tenant who feloniously and intentionally kills another joint tenant thereby effects a severance of the interest of…”
In Re the Est. of Matye, 645 P.2d 955 (Mont. 1982). “The PR argues that the District Court relied upon section 72-2-104(2), MCA, and failed to apply section 72-2-104(1), MCA, which has not yet been construed by this Court.”
Est. of Matye (Mont. 1982). “According to the PR, allowing the wife to keep half the proceeds of the sale rewards her wrongdoing, contrary to section 72-2-104(1), MCA, by permitting her to benefit from her destruction of the possibility that the husband would survive her and become sole owner of all the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.