Section 456.3-303

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 456

Effective - 01 Jan 2005, see footnote   

  456.3-303.  Representation by fiduciaries and parents. — To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

  (1)  a conservator may represent and bind the estate that the conservator controls;

  (2)  a conservator ad litem may represent and bind the ward with respect to a particular question or dispute over which a conservator does not have authority;

  (3)  a guardian may represent and bind the ward with respect to a particular question or dispute if a conservator or conservator ad litem is not authorized to act with respect to that particular question or dispute;

  (4)  a parent may represent and bind the parent's minor or unborn child if a conservator, conservator ad litem, or guardian for the child has not been appointed;

  (5)  an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;

  (6)  a trustee may represent and bind the beneficiaries of the trust; and

  (7)  a personal representative of a decedent's estate may represent and bind persons interested in the estate.

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(L. 2004 H.B. 1511)

Effective 1-01-05, see § 456.11-1104