Montana Code 72-3-615. Transaction involving conflict of interest — voidable — exceptions
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:
Terms Used In Montana Code 72-3-615
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(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.