Instructions for completing Motion and License to Sell Real Estate or Personal Property in Guardians 2025

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A guardian of the estate or general guardian must file a verified petition with the court for approval to sell real property. This is a complicated process that requires court approval. An attorney can assist with this process.
Meaning, if youre the guardian of your parents, you still need a court order to sell the home. Under most cases, an adult-child will require permission from the court before being able to sell a parents home. Even if you have proper authority, be prepared to establish authority over and over again.
If there is no one authorized to sell the property under an existing power of attorney, the real property can be sold by a guardian. Selling real property through a guardianship requires two real estate appraisals and court approval.
(a) After approval of the inventory, appraisement, and list of claims, the guardian of the estate of a ward promptly shall apply for a court order to sell, at public auction or privately, for cash or on credit for a term not to exceed six months, all estate property that is liable to perish, waste, or deteriorate in
There may be an unnecessary infringement of the alleged incapacitated persons privacy, freedom and loss of decision-making authority. The appointed guardian may over time become overly protective, dominating and arbitrary.
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Partition Actions: If multiple heirs inherit a single piece of real estate but cannot agree on its use or sale terms, they may file for partition actiona court procedure dividing property among co-owners either physically (partition-in-kind) or by selling it (partition-by-sale).
The guardian may have the authority to decide where and with whom the ward lives, what medical treatment the ward receives, how to handle the wards money and property, how to resolve legal claims or court cases in which the ward is involved, and whether to enter into contracts on the wards behalf.

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