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In Missouri, her estate is being taken to probate court. Is she allowed to list the house for sale before probate court? Is this legal? thank you

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I am with Glad here. A Guardian may have to get permission from the Court since guardians have to report to the State every year how money is spent.

I am interested, though in TNtechie's question about "heir of the estate in probate"
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She may be required, as guardian and conservator, to get permission of the probate court to sell the house. The funds from the sale will be used for mom's care.

You may want to ask your question on the AVVO website, attorneys will answer your question at no charge.

Are you living in the house and disabled?
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There is no estate until mom passes. There may be a will which states mom's wishes if there is anything remaining when she passes.
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Ok, your post is confusing. My post was based on Mom is still alive because u said "my mother who has ALZ". Then you say her estate is being taken to probate court. Because she has died or just saying she has enough estate to be probated when the time comes?

If Mom needs care than her assets are to be used for that care. If they are gone when she passes then there will be no Will to be probated. If some of the assets are left, then thats what gets split between the beneficiaries. Lets say the house was to be left to one person. But as Mom aged she felt she needed to sell the house to get a nice apt and live off the proceeds of the house. She has that right even if she has left it to someone. Of course we would hope she changes the Will now there is no home.
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SassyR May 22, 2020
She is still alive and there was a estate already made up unfortunately some how I don't understand it my self being taken to probate my mother that is why I was reaching out for some answers she has plenty of monthly income to live on and the way I understand nothing should of been removed from the place in the laws of guardenship and conservator just reaching for answers I can't afford and attorney I'm disabled myself thanks for help
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Guardianship authority ends with the death of the principal. A personal representative (PR) is named in a will (and confirmed by the court) or appointed by the court following a petition from someone wanting to become the PR. Depending on the terms of the will and the estate debts, the PR can usually sell any assets, including a house, as soon as being appointed by the court. If there is a conflict between a will and the needs of the estate, like a will stating the house is to be jointly given or given to a single child and the estate debts can only be satisfied by funds from selling the house, then the PR needs permission from the probate court for the sale.

Medicaid recovery for funds the state spent on your mother's care while she was living may be treated as an estate debt in many states. The TN Supreme Court ruled a few years back a will doesn't not protect assets from Medicaid recovery. All the estate bills must be paid before there's _anything_ left to inherit.
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Yes. Moms assets including her house are to be used for her care.
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gladimhere May 18, 2020
Advantage of guardianship and conservatorship is that it was granted by the court. There are requirements for reporting to the court. If anything illegal is occurring court will take action.
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I'm confused, is your mother still living?
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SassyR May 22, 2020
Yes she is still living
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Is your Mom living in with someone or in an AL or LTC.

ALs and LTC cost a lot of money. ALs average 5k or more. LTC 10k or more. Sister may need the money for Moms care. If she sells, the money has to be spent on Mom. As log as the money is put aside for Mom, its not illegal. If Mom is in a facility, it maybe hard to keep the house up.
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