SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST — VOIDABLE — EXCEPTIONS.

  1. Law
  2. Idaho Code
  3. UNIFORM PROBATE CODE
  4. PROBATE OF WILLS AND ADMINISTRATION
  5. DUTIES AND POWERS OF PERSONAL REPRESENTATIVES
  6. SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST — VOIDABLE — EXCEPTIONS.

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15-3-713. SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST — VOIDABLE — EXCEPTIONS. Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one (1) who has consented after fair disclosure, unless:

(a) the will or a contract entered into by the decedent expressly authorized the transaction; or

(b) the transaction is approved by the court after notice to interested persons.

History:

[I.C., sec. 15-3-713, as added by 1971, ch. 111, sec. 1, p. 233.]


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