Mass. Gen. Laws ch. 190B § 3-713

Current through Chapter 244 of the 2024 Legislative Session

Section 190B: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 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 who has consented after fair disclosure, unless

(1) the will or a contract entered into by the decedent expressly authorized the transaction or transactions in general; or

(2) the transaction is approved by the court after notice to interested persons.

Mass. Gen. Laws ch. 190B, § 3-713

Added by Acts 2008, c. 521,§ 9, eff. 7/1/2011.