North Dakota Statutes

§ 30.1-18-13 — (3-713) Sale, encumbrance, or transaction involving conflict of interest - Voidable - Exceptions

North Dakota·Title 30.1 Uniform Probate Code·Ch. 30.1-18 Powers and Duties of Personal Representatives

Voidable - Exceptions. Any sale or encumbrance to the personal representative, the personal representative's spouse, agent, or attorney, or any corporation, limited liability company, 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.

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2009 ND 172 (North Dakota Supreme Court, 2009)
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