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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

previous next Effective - 28 Aug 1985bottom

  475.340.  Mortgage or sale of real estate of ward by nonresident conservator. — 1.  When a nonresident person, owning real estate in this state, has a guardian, committee, curator or conservator of the estate in the state or territory in which he resides, the probate division of the circuit court in the proper county may authorize his guardian, committee, curator or conservator of the estate, either in person or by his agent, acting under power of attorney, to mortgage, or renew or extend any mortgage, on the person's real estate, or to sell the real estate and receive the proceeds 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 personal representative of the person.

  2.  Before any order 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 satisfactory evidence to the court that he has given bond and security, 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 appraised value of the property to be sold, in addition to such other property as is in his hands; and the proof shall consist of a copy of the record setting forth his appointment as guardian, committee, curator or conservator, and also a copy of his bond, executed as such, certified according to the act of Congress which regulates the authentication of records.

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(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


---- end of effective   28 Aug 1985 ----

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