72-5-412. Terms and requirements of bond. - Montana Statutes

     72-5-412. Terms and requirements of bond. (1) The following requirements and provisions apply to any bond required under 72-5-411:
     (a) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other.
     (b) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party defendant. Notice of any proceeding must be delivered to the surety or mailed to the surety by certified mail at the surety's address as listed with the court where the bond is filed and to the surety's address as then known to the petitioner.
     (c) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator.
     (d) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
     (2) A proceeding may not be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.

     History: En. 91A-5-412 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-412; amd. Sec. 2419, Ch. 56, L. 2009.