Can someone objecting to a petition to sell real estate sue a guardian/conservator for lying on material issues in court?

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Father had a piece of property that a legal guardian and conservator sold with little consulting with my father who is in a nursing home. The property was way undersold and more importantly I have strong and compelling evidence that the guardian/conservator lied on critical issues to the judge so that he could likely reap more fees and possibly get kickbacks from the fire selling of the property. Two questions. 1) I objected to the petition to sell real estate, but failed, and the judge sided with the guardian which is likely attributed to false facts the guardian told the judge. Since, I'm the son of the ward and it wasn't my property can I still sue or can only my father sue? I did formally object to the sale of the property through my attorney. 2) What would be the statute of limitations to bring a lawsuit? Not sure if this would be a fraud or perjury issue.

Attorney Answers

5
Joseph Helms ·
Like it or not, it sounds as though the proper channels were followed in order for the real property to be sold. The conservator does not possess unilateral authority to sell the ward's real property. The conservator must first receive a court order in order to be able to sell the ward's real property. The procedures appear to be in tact and appropriate. The issue lies in the apparent testimony or other evidence the conservator presented or purposefully omitted. Did your attorney bring to light any of the false misrepresentations or omissions made by the conservator during court? Was an appraisal (or more than one) used to substantiate the real property's value? How about tax records? Did the conservator's petition or testimony affirm that the conservator received no monetary gain from the sale? What was the court's reasoning for allowing a sale under the fair market value? Were there multiple offers? Surely your attorney has advised you as to your next available steps. If not, you may wish to consult another attorney. Appeals, should you choose to go that route, are time sensitive. You may be able to get a stay on the sale pending a ruling on appeal. It sounds as though you need assistance over and above what any of us on can provide by answering your question online. You need actual representation. Please seek the assistance of a competent attorney. You may find an attorney on using the find an attorney tool. Good luck. Sorry you're having to fight this battle.
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William Ray PelgerCriminal Defense AttorneyMunhall, PA ·
I am concerned that there was in fact enough due process in the procedure taken by the guardian to seek court approval for the sale. Normally, the courts follow the law and the parties submit testimony, records and appraisals to determine if the sale was fair. it is the court's job to protect the incapacitated. As for your next step, my first thought is that you could appeal the court's ruling and perhaps seek a petition to stay (hold) the sale but you would need to have done this, generally, with a motion within 10 days or an appeal within 30 days of the courts' decision. If you feel there was so much unfairness in this sale, I am wondering if you and your attorney presented that information at the hearing? That was the time to attack the proposed sale. If you now have evidence that the "..guardian/conservator liked on critical issues.." and this evidence was not accessible to you or known to your prior to the hearing, you can probably get back into court but would need to do it timely. I am not certain if you can file a fraud suit if your procedural appeal timelines have not been taken. In that case, you would need to consult with a litigation expert regarding such a suit.
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Sara Zivianzwickl ·
If you had an attorney representing you in this matter, that attorney knows all of the facts and would be in the best position to advise you of your options. It appears from your question that you may have learned about the possible improprieties in the sale after the sale was approved. If that is the case, you may want to consider a petition to remove and/or surcharge the conservator. A consultation with an attorney is a must. Best of luck to you.
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