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§ 72-3-615 — Montana Law | CourtGPT
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  6. Part 6 - Personal Representative Powers, Duties, and Compensation72-3-601. Time of Accrual of Duties and Powers -- Power of Executor Prior to Appointment -- Ratification/
  7. § 72-3-615
Montana Legal Code

§ 72-3-615

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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. 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.

Source: https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0060/section_0150/0720-0030-0060-0150.html· Version 2025