72-3-906. Improper distribution or payment -- liability of distributee or payee. Unless the distribution or payment can no longer be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid or a claimant who was improperly paid is liable to return the property improperly received and its income since distribution if the claimant has the property. If the claimant does not have the property, then the claimant is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by the claimant.
Montana Code Annotated
Mont. Code Ann. § 72-3-906 (2026)
Improper Distribution Or Payment -- Liability Of Distributee Or Payee
✓ current as of May 2026
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TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION
Part 9. Special Provisions Relating to Distribution
Improper Distribution Or Payment -- Liability Of Distributee Or Payee
History: En. 91A-3-909 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-909; amd. Sec. 2376, Ch. 56, L. 2009.
Notes of Decisions
Cited in 1
case, 2007–2007 · leading case: In Re the Est. of Snyder, 2007 MT 146 (Mont. 2007).
In Re the Est. of Snyder, 2007 MT 146 (Mont. 2007). “¶ 38 Did the District Court err when it ordered Lois to quitclaim her inherited interest in the Flathead County property back to the Estate? ¶ 39 Lois argues that the court failed to comply with § 72-3-906, MCA, when it ordered Lois to quitclaim her interest in the Flathead…”
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