Montana Statutes

§ 72-3-615 — Transaction Involving Conflict Of Interest -- Voidable -- Exceptions

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 3 UPC -- PROBATE AND ADMINISTRATION·Part 6 Personal Representative Powers, Duties, and Compensation

72-3-615 . 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 that 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.

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Legislative History

En. 91A-3-711 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-711; amd. Sec. 2357, Ch. 56, L. 2009.

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