Protective Orders, Conservators and Annuities for a Child's Settlement in Montana

By the FigureMyTax Editorial Team · How we calculate

In Montana the probate court may protect a child's settlement by appointing a conservator or by authorizing a deposit, annuity contract or trust. A conservator must distribute the money to the child at 18 after meeting prior claims and expenses.

Protective arrangements

MCA 72-5-422 lists payment, delivery, deposit or retention of funds, sale or transfer of property, an annuity contract, a contract for life care, a deposit contract, a contract for training and education, and a suitable trust as arrangements the court may authorize. Before approving, it considers the interests of creditors and dependents and whether the minor needs a conservator's continuing protection.

Conservators

A conservator has all the powers conferred by statute and those of a trustee. Without court authorization it may invest and reinvest the estate's funds as a trustee would (72-5-427).

Distribution at majority

When a minor who has not been adjudged disabled reaches majority, the conservator, after meeting prior claims and expenses of administration, must pay over all funds and properties to the former protected person as soon as possible (72-5-429).

What we did not find

We did not find a rule requiring a blocked account, a dollar threshold for a conservator, or rules on structured settlements, and we did not read court rules or local forms. Ask the court what it will require. Then read why and when a court gets involved and what we found about attorney fees, and see what is left in the Montana minor's settlement calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Montana's rules apply to your specific case with a licensed Montana attorney.