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Montana · Through Montana Code Annotated 2025

72-3-615: Transaction involving conflict of interest -- voidable -- exceptions.

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Where this section sits in the code
  1. TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
  2. CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION
  3. Part 6. Personal Representative Powers, Duties, and Compensation

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.

Collected 2026-09-14T04:59:03Z. Source file · JSON

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