Probate, Trust & Conservatorship
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A guardian/conservator is appoint by the Court to manage the financial affairs
and/or daily life of another/conservatee. This is due to physical or mental
limitations so that the person cannot take care of themselves.. The court oversees
all aspect of the management of the assets and liabilities so as to protect the
Any action, such as the sale of the conservatee’s home or real estate is
strictly monitored by the Court to make sure that the sale is honest and fair. A
conservatorship continues until a person regains their physical or mental capacity
or until the person dies.
Conservatorship Real Property Sale
The sale of a property owned by a person under a conservatorship is governed by the California Probate Code. A conservatorship property is listed and marketed as a regular sale. The person who has been appointed conservator has the authority to accept an offer. Once an offer is accepted the sale must be approved by a judge in the Probate Court. This is to ensure that the sale is for the best price under the best terms and is an open and honest sale as the proceeds are for the benefit and care of the conservatee.
We handled a sale where one sibling was no longer able to handle her affairs. Her sister, who lived out of state, was appointed as her conservator. The condition of the home had deteriorated as the woman’s health had declined. The conservator came to California to prepare the house for sale, to pack up her sister’s things and move her from a care facility to the mid-west. There were very limited funds so it was important to prepare the house on a strict budget and get the home sold as expeditiously as possible. The monthly mortgage payments were in arrears so that was an additional incentive to get the property sold.
We were able to provide referrals for basic maintenance and repairs. The sister organized the repairs, packed up the necessary things for her sister, arranged to move her and they flew out of San Diego. We helped by driving them to the airport - luggage, wheelchair, etc. Once she left we oversaw the remaining things to be done, prepared the marketing with professional photos and internet advertising and put the house on the market.
The original accepted offer changed their mind and cancelled. However, there had been an additional offer and we let them know that the house was available again. The jumped on it. We went through the regular sales process of inspections. Once the buyers were satisfied the sale of the house was put before the Probate Court. At the scheduled hearing the judge reviewed the terms of the sale and after determining that there were no other bids on the property, the judge approved the sale. The sale closed and the proceeds were available for the needs of the conservatee.