Idaho Code 15-3-713 – Sale, Encumbrance or Transaction Involving Conflict of Interest — Voidable — Exceptions
Current as of: 2023 | Check for updates
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Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he 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 (1) who has consented after fair disclosure, unless:
(a) the will or a contract entered into by the decedent expressly authorized the transaction; or
Terms Used In Idaho Code 15-3-713
- 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 as well as a natural person;
Idaho Code 73-114
(b) the transaction is approved by the court after notice to interested persons.