72-35-506. Order accepting transfer and appointing trustee. - Montana Statutes

     72-35-506. Order accepting transfer and appointing trustee. (1) The court may, in its discretion, grant the petition and issue an order accepting transfer of trust property or the place of administration of the trust to this state and appoint a trustee to administer the trust in this state, if, after hearing, all of the following appear to the court:
     (a) the transfer of the trust property to a trustee in this state, or the transfer of the place of administration of the trust to this state, will promote the best interests of the trust and those interested in it, taking into account the interest in the economical and convenient administration of the trust;
     (b) the transfer will not violate the trust instrument;
     (c) the trustee appointed by the court to administer the trust in this state, and to whom the trust property is to be transferred, is qualified, willing, and able to administer the trust or trust property under the trust instrument; and
     (d) the proper court in the other jurisdiction has approved the transfer if approval is necessary under the law of the other jurisdiction.
     (2) If the court grants the petition under subsection (1), the court shall require the trustee to give a bond, if necessary under the law of the other jurisdiction or of this state, and may require bond as provided in 72-33-603.

     History: En. Sec. 201, Ch. 685, L. 1989.