Guardian Sale of Real Estate

Guardian Sale of Real Estate

I am my mother's guardian. Is there a form to complete when I want to get approval from Probate Court to sell her property. All of the proceeds will go to pay a nursing home.


There are several types of guardianships; all vary depending on where your appointment was made. If you are the guardian of the property of your mother you might have the requisite authority with no further action. Start by reading the court documents which granted you the guardianship to see what is required of you. If your mother is in a nursing home now and they are looking to get paid, perhaps they will advise you and save you the effort and expense. If the title company for the buyer is willing to accept those documents as sufficient proof of your authority you might not need to do more. Your attorney can coordinate with the buyer's attorney and buyer's title company to determine this. If the buyer's title company won't give the buyer clear title you'll have to address the matter no matter what. Try calling the Surrogate's or Probate court responsible. Some of the courts and their clerks are quite helpful. They may be willing to give you the answer (if they recommend you hire an attorney you should abide by their recommendation). If the above approaches aren't successful in resolving the issue (e.g., the buyer's title company says you need court approval) ask your real estate attorney if he/she has familiarity with this. If not you should really hire a specialist. The process may be simple or complex depending on the facts.

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