Mont. Code Ann. § 72-7-311

Disposition of unappointed property under released or unexercised nongeneral power

Last amended: 2015Year: 2026Length: 116 wordsSubsections: 4Official source
72-7-311 . 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.
Mont. Code Ann. § 72-7-311: Disposition of unappointed property under released or unexercised nongeneral power | Justis AI