Idaho State Statutes - Idaho Attorney Directory

In
judicial proceedings involving trusts or estates of decedents, minors,
protected persons, or incapacitated persons, and in judicially supervised
settlements, the following apply: (a) Interests to be affected shall be
described in pleadings which give reasonable information to owners by name or
class, by reference to the instrument creating the interests, or in other
appropriate manner.
(b) Persons are bound by orders binding others in the following cases:
(1) Orders binding the sole holder or all coholders of a power of
revocation or a presently exercisable general power of appointment,
including one (1) in the form of a power of amendment, bind other persons
to the extent their interests (as objects, takers in default, or
otherwise) are subject to the power.
(2) To the extent there is no conflict of interest between them or among
persons represented, orders binding a conservator bind the person whose
estate he controls; orders binding a guardian bind the ward if no
conservator of his estate has been appointed; orders binding a trustee
bind beneficiaries of the trust in proceedings to probate a will
establishing or adding to a trust, to review the acts or accounts of a
prior fiduciary and in proceedings involving creditors or other third
parties; and orders binding a personal representative bind persons
interested in the undistributed assets of a decedent's estate in actions
or proceedings by or against the estate. If there is no conflict of
interest and no conservator or guardian has been appointed, a parent may
represent and bind his minor child.
(3) An unborn or unascertained person who is not otherwise represented is
bound by an order to the extent his interest is adequately represented by
another party having a substantially identical interest in the proceeding.
(c) Notice is required as follows:
(1) Notice as prescribed by section 15-1-401 of this code shall be given
to every interested person or to one who can bind an interested person as
described in subsection b(1) or b(2) of this section. Notice may be given
both to a person and to another who may bind him.
(2) Notice is given to unborn or unascertained persons, who are not
represented under subsection b(1) or b(2) of this section, by giving
notice to all known persons whose interests in the proceedings are
substantially identical to those of the unborn or unascertained persons.
(d) At any point in a proceeding, a court may appoint a guardian ad litem
to represent the interest of a minor, an incapacitated, unborn, or
unascertained person, or a person whose identity or address is unknown, if the
court determines that representation of the interest otherwise would be
inadequate. If not precluded by conflict of interests, a guardian ad litem may
be appointed to represent several persons or interests. The court shall set
out its reasons for appointing a guardian ad litem as a part of the record of
the proceeding.

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