West Virginia's highest court rules that a trial court has jurisdiction to authorize a conservator to sell property located in another state. In re: Donald M. (W.Va., No. 13-0653, May 8, 2014).
E.D. was named guardian and conservator of her father, Donald M. As conservator, E.D. was responsible for managing the estate and the financial affairs of her father. Before selling any of Donald M.'s real property, E.D. was required to seek approval of the court.
E.D. petitioned a West Virginia trial court to sell two pieces of property, one of which was located in Maryland. The trial court determined it did not have jurisdiction to authorize the sale of the Maryland property, and E.D. appealed.
The West Virginia Supreme Court of Appeals reverses, holding that if a court has jurisdiction over a protected person, then the court has jurisdiction to approve the sale or mortgage of property located out of state. According to the court, a conservator is appointed to manage an estate, and under state law the estate includes "any interest in real property held by the protected person, even if that real property is located in another [s]tate."
For the full text of this decision, go to: https://www.courtswv.gov/supreme-court/docs/spring2014/13-0653.pdf
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