BM as Guardian? In CO, for PP Prop Sale?
... now I am wondering if there was some restriction on how the proceeds of the sale were handled?...
ETA - ... HELOC on the house... I wonder if his IN Letters weren't recognized and he hasn't made any effort to open guardianship in CO?? guess I should go check the court records to see what's up. - nothing new filed in IN guardianship
Indiana SupremeCourt public access case search - MyCase JMO
.
@oviedo Thx for checking for BM filing. If BM needs to have Gdnship of SM to secure a HELOC on Puma Path prop, he might try the easy way, like you said. Maybe he submitted loan forms to lender w Letters issued by IN ct, and then lender refused to recognize IN gdnship.
I've wondered before whether the IN ct-issued Letters & Apptmt list/specify the prop's. including the PP prop, but have not learned about it one way or the other.
If BM & SM s
till have real est and/or other prop in IN, I wonder if it makes sense for BM to file in IN ct, to transfer the case to CO ct. From my read of IN and CO gdnship statutes, if IN ct transfers the case & if CO ct accepts it, that may/does allow him to secure a HELOC on or sell PP prop.
But looking at
long view, if IN actually
transfers the case, then would BM need to file f
inal accounting in IN ct ? Would his authority re IN prop & assets be terminated, etc. So if they still have IN prop's esp'ly real est. seems to me, down the line when he wants to sell IN prop, BM may/would be forced to
petition in IN for gdnship all over again,
from scratch so to speak.
IIRC one of our verified legal professionals (sorry, forgot who) stated sometimes gdnships for the same person may run
concurrently in more than one state. I can see that happening esp'ly when ward has
ownership interests in real est in more than one state.
So back to my earlier question about whether earlier IN ct -issued Letters, orders, dox specify the PP prop as being within BM's authority.
Even if IN ct did reference the CO prop, will/could the lender still refuse to recognize it, refuse to make loan? Make loan only w CO ct-issued Letters. etc.? my 2cts.