§3-713. Sale, encumbrance or 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 a person who has consented after fair disclosure, unless: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
1. Express authorization by decedent. The will or a contract entered into by the decedent expressly authorized the transaction; or
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Court approval. The transaction is approved by the court after notice to interested persons.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 3: PROBATE OF WILLS AND ADMINISTRATION
Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES
18-C §3-701. Time of accrual of duties and powers
18-C §3-702. Priority among different letters
18-C §3-703. General duties; relation and liability to persons interested in estate; standing to sue
18-C §3-704. Personal representative to proceed without court order; exception
18-C §3-705. Duty of personal representative; information to heirs and devisees
18-C §3-706. Duty of personal representative; inventory and appraisal
18-C §3-707. Employment of appraisers
18-C §3-708. Duty of personal representative; supplementary inventory
18-C §3-709. Duty of personal representative; possession of estate
18-C §3-710. Power to avoid transfers
18-C §3-711. Powers of personal representatives; in general
18-C §3-712. Improper exercise of power; breach of fiduciary duty
18-C §3-713. Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
18-C §3-714. Persons dealing with personal representative; protection
18-C §3-715. Transactions authorized for personal representatives; exceptions
18-C §3-716. Powers and duties of successor personal representative
18-C §3-717. Corepresentatives; when joint action required
18-C §3-718. Powers of surviving personal representative
18-C §3-719. Compensation of personal representative