Rhode Island General Laws 33-19-27. Sale, lease, or mortgage by foreign guardian of nonresident ward
If any person who resides out of the state, but within the United States, is under guardianship in the state, territory, or district where he or she resides, and has no guardian appointed in this state, the foreign guardian may file a copy of his or her appointment, duly authenticated according to an act of congress in those cases, in the probate court of any town or city in this state in which there is real estate of the ward. After filing and upon petition to the probate court, he or she may be authorized to sell, mortgage, or lease the real estate of the ward in any town or city, for the purposes, in the manner, after like notice, and upon the terms provided in this chapter in case of sale, mortgage, or lease, by a guardian appointed in this state.
History of Section.
C.P.A. 1905, § 763; G.L. 1909, ch. 308, § 30; G.L. 1923, ch. 359, § 30; G.L. 1938, ch. 570, § 30; G.L. 1956, § 33-19-27.
Terms Used In Rhode Island General Laws 33-19-27
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Probate: Proving a will
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
- United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8