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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

previous next Effective - 28 Aug 1947bottom

  475.450.  Purchase of home for ward. — 1.  The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his interest, or (if he is not a minor) as a home for his wife and minor children, or a parent if wholly dependent upon him for his or her support.  Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition.  A copy of the petition shall be furnished the proper office of the Veterans Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.

  2.  Before authorizing such purchase the court shall require written evidence of value and of title and of the advisability of acquiring such real estate.  Title shall be taken in the ward's name.  This section does not limit the right of the guardian on behalf of his ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with cotenants of the ward for a partition in kind, or to purchase from cotenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.

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(L. 1947 V. I p. 4 § 15)


---- end of effective   28 Aug 1947 ----

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