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DE HB63

Bill

Status

Passed

6/26/2015

Primary Sponsor

Melanie Smith

Click for details

Origin

House of Representatives

148th General Assembly

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

Committee Referrals

Judiciary4/23/2015
Judiciary3/24/2015

Full Bill Text

No bill text available