Q: Can a court ordered nursing home patient guardian sell there property if there is a beneficiary?
Grandma past away, her husband is in a nursing home. His guardian is selling there property, can they legally do that if there is a beneficiary?
A:
By beneficiary, I'm assuming you mean there is someone named on the deed who is supposed to get the property when husband passes away.
The short answer to your question is yes, a court appointed guardian or conservator could sell the house with approval of the probate court. That might be done, for example, to help pay for husband's costs of care for the rest of his life. There doesn't appear to be anything improper about that. A beneficiary designation conveys no rights until death. For further information, get a consult with a local probate attorney who can help you.
A: In Michigan, a guardian shall not otherwise sell the ward's real property or interest in real property. Conservators have the right to convey property, once they have court approval. If you have any further questions, see www.provenresource.com
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