75-3-712 - Sale, encumbrance or transaction involving conflict of interest -- Voidable -- Exceptions.
75-3-712. Sale, encumbrance or transaction involving conflict of interest --Voidable -- Exceptions.
Any sale or encumbrance to the personal representative, his spouse, agent, or attorney, orany corporation or trust in which he has a substantial beneficial interest, or any transaction whichis affected by a substantial conflict of interest on the part of the personal representative, isvoidable by any person interested in the estate, except one who has consented after fairdisclosure, unless:
(1) The will or a contract entered into by the decedent expressly authorized thetransaction; or
(2) The transaction is approved by the court after notice to interested persons.
Amended by Chapter 30, 1992 General Session