Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of April 27, 2021 | Updated by FindLaw Staff
(1) A vacancy in a trusteeship occurs if:
(a) a person designated as trustee rejects the trusteeship;
(b) a person designated as trustee cannot be identified or does not exist;
(c) a trustee resigns;
(d) a trustee is disqualified or removed;
(e) a trustee dies;
(f) a guardian or conservator is appointed for an individual serving as trustee; or
(g) a trustee has been ordered committed as provided in 53-21-102.
(2) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.
(3) A vacancy in a trusteeship of a trust that is required to be filled must be filled in the following order of priority:
(a) by a person designated in the terms of the trust to act as successor trustee;
(b) by a person appointed by unanimous agreement of the qualified beneficiaries; or
(c) by a person appointed by the court.
(4) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
Cite this article: FindLaw.com - Montana Title 72. Estates, Trusts, and Fiduciary Relationships § 72-38-704. Vacancy in trusteeship--appointment of successor - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-72-estates-trusts-and-fiduciary-relationships/mt-code-ann-sect-72-38-704/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)