RMO Case Spotlight

Swift Resolution Saves Conservatorship Estate from Procedural Delays

Snapshot

Client’s Capacity:

Conservatee

Client’s Goals:

To grant conservators the authority to sell the conservatee’s
real property to generate liquidity and eliminate liability to the estate.

Legal Issues:

Conservatorship law

Procedural errors in ex parte applications

Resolution: 

Convinced the judge to grant powers using an alternate procedural mechanism, avoiding the need for a second application.

The conservators now have the power to sell the property, securing the estate from further liability.

Background 

Our client, a conservatee, was rapidly declining in physical and mental health. His condition deteriorated to the point where he no longer recognized his surroundings and was often confused about whether he was in a business or a home. As his condition worsened, he occasionally became violent, which added to the urgency of his situation.

Conservators, appointed to manage his affairs, needed the probate
court’s permission to swiftly sell the conservatee’s real property. The sale was crucial to generate liquidity and eliminate a significant liability to the estate. However, the conservators were unsuccessful in obtaining that
authority from the court.

Solution

With only two days’ notice, we stepped in. Our team acted swiftly and developed a strategy to obtain permission to sell the property using an alternate procedural mechanism. The judge agreed with our approach and granted the conservators permission to sell, avoiding unnecessary delays and expenses.

Results

By securing the appropriate powers in the initial hearing, we saved our client significant time and money. The conservators were able to move forward with the sale of the property immediately. This not only preserved the conservatee’s estate from potential financial harm but also provided peace of mind for the conservators during an already challenging time.

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Please note that every legal case is unique, and the outcomes of past cases do not guarantee similar results in your situation. The information provided here is for general informational purposes only and should not be construed as legal advice. To fully understand your specific legal needs and options, we strongly recommend consulting with a qualified attorney. An attorney can provide personalized guidance based on the unique facts and circumstances of your case.

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