Montana § 53-25-122 - Exemption From Claims Of Creditors
Full text of Montana Montana Code Annotated § 53-25-122 — Exemption From Claims Of Creditors, with citation guidance and answers to common questions.
§ 53-25-122. Exemption From Claims Of Creditors
Exemption from claims of creditors. (1) Except as provided in subsection (3) and 26 U.S.C. 529A, up to $100,000 of assets and earnings held in and distributions from the trust by or on behalf of a contributor or designated beneficiary of a participating trust agreement are exempt from all claims of creditors of the contributor or designated beneficiary. (2) Subsection (1) applies to assets and earnings held in and distributions from a qualified program established as provided in section 529A of the Internal Revenue Code, 26 U.S.C. 529A, and maintained by another state if the contributor or designated beneficiary is a Montana resident. (3) Assets, earnings, and distributions are not protected from claims if the contribution violates the Uniform Fraudulent Transfer Act provided for in Title 31, chapter 2, part 3, or 11 U.S.C. 548.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 53-25-122
What does Montana Code Annotated § 53-25-122 cover?
Section 53-25-122 ("Exemption From Claims Of Creditors") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 53-25-122?
A common citation format is "Montana Code Annotated § 53-25-122" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 53-25-122 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.