Thanks for your question and good evening.I am a Texas lawyer and will be assisting you tonight.
The great aunt here is free to sell the property to whoever she wants.The daughter here would not be bale to stop a sale here if the aunt has her faculties and wants to sell it.
She is the legal owner here and can do whatever she wants to do with it.In Texas she would be presumed to have capacity to sell the property here.There is no indication otherwise.
Any purchaser here would be acting in good faith to purchase it and become the new owner.Then the great aunt here can do what she wants with the purchase funds.
Overall I see no reason why the great aunt cannot sell the property in such a situation as you present it here.
It has been my pleasure to assist you tonight.Please let me know if you have more follow up.Thanks again.
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her daughter wants to get guardianship over her eventually bec she plans to sell the property herself to buy a condo, but the aunt wants to sell it to her nephew so to keep it in the family. the daughter hasnt got guardianship yet since the aunt keeps going for regular checkups with her longtime doctor and he says she is in good shape. so can the daughter get a lawyer after the sell and try to say her mom is too old to make the decision to sell it to her nephew?
It would be almost impossible from what you present for anyone to contest a sale when the doctors have examined her and found she has capacity as you state.If she is going to sell it here now would be the time to complete a sale.
I cannot see anyone getting a guardianship at this point in time since the doctors feels she is fine mentally.
Thanks for following up and letting me clarify here.
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