{"data":{"id":"us-mt/72-39-205","jurisdiction":"us-mt","citation":"72-39-205","heading":"Court involvement.","body":"(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:\n(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;\n(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;\n(c) approve an exercise of the decanting power;\n(d) determine that a proposed or attempted exercise of the decanting power is ineffective because:\n(i) after applying 72-39-218, the proposed or attempted exercise does not or did not comply with this chapter; or\n(ii) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;\n(e) determine the extent to which 72-39-218 applies to a prior exercise of the decanting power;\n(f) provide instructions to the trustee regarding the application of 72-39-218 to a prior exercise of the decanting power; or\n(g) order other relief to carry out the purposes of this chapter.\n(2) On application of an authorized fiduciary, the court may approve:\n(a) an increase in the fiduciary's compensation under 72-39-212; or\n(b) a modification under 72-39-214 of a provision granting a person the right to remove or replace the fiduciary.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 39. UNIFORM TRUST DECANTING ACT","Part 2. Decanting"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0390/part_0020/section_0050/0720-0390-0020-0050.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:35Z","sha256":"915a4af3c2498e1074ddf468c4eb943c749bc021438b216405383417cad00f47","source_id":"us-mt","stale":false,"prev":"us-mt/72-39-204","next":"us-mt/72-39-206"},"notice":"GroundRules: Original legal text. Not legal advice."}