Legal Question in Wills and Trusts in Alabama

conservertorship

I am my spouse's conservator and guardian, we owned two homes, one of which my mother was living in. She has had to move in with us because of her heart. I know longer was able to keep up both homes so I sold the house above fair market value. I knew that I had to half the money with my spouse. When I called about where to put my spouse's money, I was told that I had no right to sell the house without the judges permission. The title office gave us a clear title, but I was informed by my lawyer that the title office is wrong and now we have to wait and go before the judge to get his permission. What good is conservertorship if I have not the right to do what is best for my spouse. The house is very old and is hard to keep up. Do you have an answer for me.


Asked on 10/06/06, 9:00 pm

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

Re: conservertorship

Yes, conservators must seek the court's permission before doing something like selling the home. I don't think you will be in trouble if you sold it for more than FMV, but ask the judge what he expects from you going forward. He/she will be happy to tell you.

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Answered on 10/08/06, 11:05 pm


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