Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 34. PRINCIPAL AND INCOME · Part 1. Duties of Trustees (Renumbered and Repealed)
Montana Code Annotated

Mont. Code Ann. § 72-34-114 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 34
  4. Part 1
  5. 72-34-114 Repealed

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 34. PRINCIPAL AND INCOME

Part 1. Duties of Trustees (Renumbered and Repealed)

Repealed

72-34-114. Repealed. Sec. 162, Ch. 264, L. 2013.

History: En. Sec. 89, Ch. 685, L. 1989; amd. Sec. 8, Ch. 290, L. 1999; amd. Sec. 11, Ch. 484, L. 2003.

Notes of Decisions
Cited in 6 cases, 2002–2011 · leading case: In Re Charles M. Bair Fam. Trust, 2008 MT 144 (Mont. 2008).
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In Re Charles M. Bair Fam. Trust, 2008 MT 144 (Mont. 2008). · cites it 22× “¶ 46 Fiduciary duties arise as a matter of law in trustee relationships. Sections 72-34-101 to XX-XX-XXX, MCA.”
In Re the Conservatorship of J.R., 2011 MT 62 (Mont. 2011). · cites it 8× “¶21 Section 72-5-423, MCA, provides that in the exercise of the conservator’s powers, the conservator is to act as a fiduciary and observe the standards of care applicable to trustees as specified in Title 72, chapter 34, part 1.”
Redies v. Cosner, 2002 MT 86 (Mont. 2002). · cites it 2× “Under § 72-34-114, MCA, a trustee has a duty to use the care, skill, and diligence of a prudent person.”
In Re the Guardianship & Conservatorship of Saylor, 2005 MT 236 (Mont. 2005). · cites it 2× “eth’s interest, § 72-34-103, MCA; to avoid a conflict of interest in administering the conservatorship, § 72-34-105, MCA; to take reasonable steps under the circumstances to take and keep control of and to preserve the conservatorship property, § 72-34-107, MCA; to make the…”
Matter of Branning, 2006 MT 106N (Mont. 2006). · cites it 3× “Section 72-34-114(3), MCA. ¶28 However, there were serious questions about Nancy’s disposition of Hazel’s assets after she implemented this decision, particularly, the two certificates of deposit valued together at over $36,000.”
Redies v. Cosner, 2002 MT 86 (Mont. 2002). · cites it 2× “Under § 72-34-114, MCA, a trustee has a duty to use the care, skill, and diligence of a prudent person.”
Mont. Code Ann. § 72-34-114(1): 1 case
In Re the Guardianship & Conservatorship of Saylor, 2005 MT 236 (Mont. 2005). “eth’s interest, § 72-34-103, MCA; to avoid a conflict of interest in administering the conservatorship, § 72-34-105, MCA; to take reasonable steps under the circumstances to take and keep control of and to preserve the conservatorship property, § 72-34-107, MCA; to make the…”
Mont. Code Ann. § 72-34-114(3): 2 cases
In Re the Conservatorship of J.R., 2011 MT 62 (Mont. 2011). “¶21 Section 72-5-423, MCA, provides that in the exercise of the conservator’s powers, the conservator is to act as a fiduciary and observe the standards of care applicable to trustees as specified in Title 72, chapter 34, part 1.”
Matter of Branning, 2006 MT 106N (Mont. 2006). “Section 72-34-114(3), MCA. ¶28 However, there were serious questions about Nancy’s disposition of Hazel’s assets after she implemented this decision, particularly, the two certificates of deposit valued together at over $36,000.”
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