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What action must the tutor take if the undertutor does not concur with the sale?

File a motion for summary judgment

Rule the undertutor into court

When a tutor engages in a sale of property and the undertutor does not concur with that sale, it indicates a disagreement regarding the transaction that could potentially affect the interests of the minor or the entity represented. In Louisiana civil procedure, the proper course of action in this situation is for the tutor to rule the undertutor into court. This is necessary as it allows the court to evaluate the circumstances surrounding the lack of concurrence and to address the dispute in a formal legal setting.

By bringing the undertutor before the court, the tutor can facilitate a judicial determination that ensures all parties' rights are considered and protected. This process aligns with the laws governing tutorship and sales involving minors in Louisiana, where the court's oversight is crucial in safeguarding the minor's interests.

Filing a motion for summary judgment, dismissing the sale petition, or seeking a second opinion do not adequately address the disagreement between the tutor and undertutor regarding the sale. Those options either do not involve the necessary judicial review or fail to resolve the conflict concerning the sale directly. Therefore, ruling the undertutor into court is the appropriate and legally sound action to take in this situation.

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Dismiss the sale petition

Seek a second opinion

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