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72-5-439. Payment of debt and delivery of property to foreign conservator without local proceedings

MT Code § 72-5-439 (2019) (N/A)
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72-5-439. Payment of debt and delivery of property to foreign conservator without local proceedings. (1) A person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other fiduciary appointed by a court of the state or residence of the protected person upon being presented with proof of the conservator's, guardian's, or fiduciary's appointment and an affidavit made by the conservator, guardian, or fiduciary or on the conservator's, guardian's, or fiduciary's behalf stating that:

(a) no protective proceeding relating to the protected person is pending in this state; and

(b) the foreign conservator is entitled to payment or to receive delivery.

(2) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.

History: En. 91A-5-431 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-431; amd. Sec. 2438, Ch. 56, L. 2009.

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