Montana Code Annotated 2023

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 6. NONPROBATE TRANSFERS ON DEATH

Part 2. Multiple-Party Accounts

Alteration Of Rights

72-6-213. Alteration of rights. (1) Rights at death under 72-6-212 are determined by the terms of the account at the death of a party.

(2) Except as provided in subsection (3) and unless otherwise agreed in writing between the parties to the account, the terms of an account may be altered by written notice given by a party to the financial institution to change the terms of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during the party's lifetime.

(3) A financial institution may, in its discretion, refuse to honor a request for alteration of rights that would change:

(a) the financial institution's obligations or rights under the contract of deposit; or

(b) the parties to a multiple-party account if the request is not signed by all of the parties to the account.

(4) A right of survivorship arising from the express terms of the account, from 72-6-212, or from a POD designation may not be altered by will.

History: En. Sec. 92, Ch. 494, L. 1993; amd. Sec. 30, Ch. 592, L. 1995; amd. Sec. 4, Ch. 279, L. 1997.