New Hampshire Revised Statutes 464-A:27 – Sales and Purchase
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I. The judge of probate, upon petition of the guardian of the estate or of any other person interested in the estate of any ward, may license the guardian to sell, mortgage, pledge, lease or exchange any property of the guardianship estate, including goods and chattels, real estate, or wood and timber growing thereon, upon such terms as the judge may order, for the purpose of paying the ward’s debts, providing for said ward’s care, maintenance, rehabilitation, training or education and the care, maintenance and education of said ward’s dependents, investing the proceeds, or for any other purpose which is in the best interest of the ward. The judge of probate may act on the petition without notice and hearing, if consents signed by all persons interested in the guardianship estate are filed with the petition. If such consents are not filed with the petition, the judge of probate may act on the petition only after notice and hearing.
II. No guardian shall purchase property of the ward, nor sell property of the guardian to the ward unless the price and manner of sale are approved by the probate court.
III. If the judge is not satisfied that the guardian has already given bond sufficient to ensure his or her prudent conduct in a sale and to account for the proceeds thereof, the judge shall, before issuing a license, require of the guardian a bond sufficient for that purpose.
IV. All sales shall be made within 2 years after the grant of the license.
II. No guardian shall purchase property of the ward, nor sell property of the guardian to the ward unless the price and manner of sale are approved by the probate court.
Terms Used In New Hampshire Revised Statutes 464-A:27
- Court: means the probate court in the county having jurisdiction or where the ward resides. See New Hampshire Revised Statutes 464-A:2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Probate: Proving a will
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- Ward: means a person for whom a guardian of the person and the estate, or the person, or estate, has been appointed. See New Hampshire Revised Statutes 464-A:2
III. If the judge is not satisfied that the guardian has already given bond sufficient to ensure his or her prudent conduct in a sale and to account for the proceeds thereof, the judge shall, before issuing a license, require of the guardian a bond sufficient for that purpose.
IV. All sales shall be made within 2 years after the grant of the license.