Montana § 72-7-311 - Disposition Of Unappointed Property Under Released Or Unexercised Nongeneral Power

Full text of Montana Montana Code Annotated § 72-7-311 — Disposition Of Unappointed Property Under Released Or Unexercised Nongeneral Power, with citation guidance and answers to common questions.

§ 72-7-311. Disposition Of Unappointed Property Under Released Or Unexercised Nongeneral Power

Disposition of unappointed property under released or unexercised nongeneral power. To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment: (1) the gift-in-default clause controls the disposition of the unappointed property; or (2) if there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property: (a) passes to the permissible appointees if: (i) the permissible appointees are defined and limited; and (ii) the terms of the instrument creating the power do not manifest a contrary intent; or (b) if there is no taker under subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 72-7-311

What does Montana Code Annotated § 72-7-311 cover?

Section 72-7-311 ("Disposition Of Unappointed Property Under Released Or Unexercised Nongeneral Power") 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 § 72-7-311?

A common citation format is "Montana Code Annotated § 72-7-311" (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 § 72-7-311 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.