Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.

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29A-3-713. Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.

Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative 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 who has consented after fair disclosure, unless:

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

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

Source: SL 1994, ch 232, §3-713.


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