30-2474. Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.

187 words·~1 min read·/ne/chapter-30/30-2474

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 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.

Evidence presented before a county court as to the amount which should be allowed by the court to reimburse an administratrix for expenses incurred in maintaining the decedent's cattle operation as an asset of decedent's estate where the administratrix was dealing with herself as landowner on which land the cattle grazed was not a contract as prohibited under this section as no money changed hands until after the reimbursement was presented to the court for approval with notice given to all interested parties. In re Estate of Kennedy, 220 Neb. 212, 369 N.W.2d 63 (1985).