Loading chat...
DE HB63
Bill
Status
6/26/2015
Primary Sponsor
Melanie Smith
Click for details
AI Summary
-
Amends Delaware Code Section 3951 to require guardians seeking to sell real estate owned by a person with a disability to apply to the Court of Chancery for authority to sell.
-
Requires guardians to provide notice to all potentially interested parties, who have 20 days to object or otherwise participate in the proceeding.
-
Mandates the Court appoint an independent, certified real estate appraiser to evaluate the property; the appraisal serves as a guideline but is not determinative of fairness or outcome.
-
Authorizes the Court to approve sales free and clear of liens or encumbrances if reasonable notice has been given to lienholders, with the lien automatically transferring to the sale proceeds.
-
Requires guardians to submit a return of sale within 30 days after the sale and allows the Court to appoint a trustee to conduct the sale instead of the guardian.
Legislative Description
An Act To Amend Title 12 Of The Delaware Code Relating To Guardianship.
Last Action
Signed by Governor
6/26/2015