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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Dealing with a Conservator Posted by Rick Harmon on March 04, 2002 at 8:47 PM In Reply to: Dealing with a Conservator posted by Mary-CA on March 04, 2002 at 10:16 AM Mary:Re: Conservator Real Estate : 1) How do I go about making an offer on the property before it goes to auction? Contact the conservator? the sister? A: You will need to contact the Conservator directly : 2) Do I make an offer to purchase the property or just the equity? A: All properties held in a Calif. Conservatorship require a Court Order. I don't see anything wrong with an equity purchase agreement but the Probate judge may not appreciate the format and be less than cooperative. Sorry, but there are no shortcuts in the process. : 3) Does the conservator have the decision-making power as to whether to sell the property (since owner is deemed "incompetent")? See (A) to No. 2. You'll need to get a copy of the "LEtters of Conservatorship" from the Conservatee, attorney, or go directly to the Ventura Co. Superior Court (it's a public document). Also, ask your title officer what documentation they'll want. Ultimately, they'll want A certified copy of the Order Confirming Sale of Real Property. If you're REALLY close to the sale date the attorney should file an Exparte Petition for ORder to Sell Conservatorship Real Property. : 4) How can I insure that I am not taking unconscionable advantage while still saving some money? I would be very careful to point out to all parties that the Conservatee is NOT residing in the PIQ, that the property will go to sale in about XX days, and you're their best hope to salvage any equity. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : Mary:Re: Conservator Real Estate : : 1) How do I go about making an offer on the property before it goes to auction? Contact the conservator? the sister? : A: You will need to contact the Conservator directly : : 2) Do I make an offer to purchase the property or just the equity? : A: All properties held in a Calif. Conservatorship require a Court Order. I don't see anything wrong with an equity purchase agreement : but the Probate judge may not appreciate the format and be less than cooperative. Sorry, but there are : no shortcuts in the process. : : 3) Does the conservator have the decision-making power as to whether to sell the property (since owner is deemed "incompetent")? : See (A) to No. 2. You'll need to get a copy of the "LEtters of Conservatorship" from the Conservatee, attorney, or go directly : to the Ventura Co. Superior Court (it's a public document). Also, ask your title officer what documentation they'll want. : Ultimately, they'll want A certified copy of the Order Confirming Sale of Real Property. If you're REALLY close to the sale date : the attorney should file an Exparte Petition for ORder to Sell Conservatorship Real Property. : : 4) How can I insure that I am not taking unconscionable advantage while still saving some money? : I would be very careful to point out to all parties that the Conservatee is NOT residing in the : PIQ, that the property will go to sale in about XX days, and you're their best hope to salvage : any equity. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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