Montana § 72-39-205 - Court Involvement

§ 72-39-205. Court Involvement

Court involvement. (1) On application of an authorized fiduciary, a person entitled to notice under 72-39-203 (3), a beneficiary, or with respect to a charitable interest the attorney general or other person that has standing to enforce the charitable interest, the court may: (a) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary; (b) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this chapter and to exercise the decanting power; (c) approve an exercise of the decanting power; (d) determine that a proposed or attempted exercise of the decanting power is ineffective because: (i) after applying 72-39-218 , the proposed or attempted exercise does not or did not comply with this chapter; or (ii) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty; (e) determine the extent to which 72-39-218 applies to a prior exercise of the decanting power; (f) provide instructions to the trustee regarding the application of 72-39-218 to a prior exercise of the decanting power; or (g) order other relief to carry out the purposes of this chapter. (2) On application of an authorized fiduciary, the court may approve: (a) an increase in the fiduciary's compensation under 72-39-212 ; or (b) a modification under 72-39-214 of a provision granting a person the right to remove or replace the fiduciary.