Mortgage or sale of real estate of ward by nonresident conservator
If someone lives in another state and owns land in Missouri, but cannot manage their own affairs, a court-appointed helper (called a conservator or guardian) from that other state can ask a Missouri court for permission to sell or mortgage that Missouri land. Before the Missouri court allows this, the out-of-state helper must show proof that they were properly appointed and that they have given enough financial security (a bond) in their home state to cover the value of the property.
475.340. or sale of of by . — 1. When a nonresident person, owning real estate in this state, has a , , or in the state or territory in which he resides, the in the proper county may authorize his guardian, committee, curator or conservator of the estate, either in person or by his , acting under , to mortgage, or renew or extend any mortgage, on the person's real estate, or to sell the real estate and receive the of sale, and in case the person dies before the sale is completed, the guardian, curator, conservator, or agent shall complete the sale and pay the proceeds to the of the person.
2. Before any is made for the payment of money to a nonresident guardian, curator, committee or conservator of the estate, or for the sale, mortgage, or renewal or extension of a mortgage on the property of the person by him, he shall produce to the court that he has given and , as guardian, curator, committee or conservator, in the state or territory in which he and the person reside, in an amount sufficient under the laws of the state or territory in which he and his ward reside to cover the sum to be paid him or the of the property to be sold, in addition to such other property as is in his hands; and the shall consist of a copy of the setting forth his appointment as guardian, committee, curator or conservator, and also a copy of his bond, as such, according to the act of Congress which regulates the of records.
(RSMo 1939 §§ 404, 415, A.L. 1955 p. 385 § 349, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)
Prior revisions: 1929 §§ 404, 415; 1919 §§ 400, 411; 1909 § 441
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Related Missouri laws
Nonresident domiciliary guardian or conservator
RSMo 475.339
Voidable transactions, exceptions
RSMo 475.341
Service on foreign guardian or conservator
RSMo 475.338
Estate property, conservator's duties
RSMo 475.342
Jurisdiction by act of foreign guardian or conservator
RSMo 475.337
Personal financial resources, guardian not obligated to use
RSMo 475.343
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.