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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37704
Experience:  30 years in civil, probate, real estate, elder law
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texas land title deal? need a texas lawyer to explain or give

Customer Question

texas land title deal?
need a texas lawyer to explain or give options as to what can be done in this situation.

here it is: my friend has a great aunt,shes 89 yrs old. she lived in oklahoma all her life, till 8 months ago when she started living in dallas with her daughter. her daughter has 2 children who have grown and moved out.
the great aunt has 100 acres and a house in oklahoma and she wants to keep it in the family. her grand kids called her when she still lived in okla and told her that they overheard thier mom saying that after the great aunt dies, she will sell the place and buy a condo in dallas. so the great aunt dont want her to get it.
the great aunt has told my coworker that she wants to sell it to him recently. but they didnt get a chance to discuss the transaction.
my co worker is wondering if it would be legal for him to buy it from his great aunt at her age? He knows that she recently went back to oklahoma for a doctors checkup and she was fine. she has no guardian-ship on her at this time because she is still able to think and get around on her own.
My co worker is wondering if his great aunt's daughter can keep the transaction from going thru if she agrees to sell it to him?
im not sure what to tell him. hope i can get an answer?
Submitted: 3 years ago.
Category: Legal
Expert:  Ray replied 3 years ago.

RayAnswers :

Thanks for your question and good evening.I am a Texas lawyer and will be assisting you tonight.

RayAnswers :

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.

RayAnswers :

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.

RayAnswers :

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.

RayAnswers :

Overall I see no reason why the great aunt cannot sell the property in such a situation as you present it here.

RayAnswers :

It has been my pleasure to assist you tonight.Please let me know if you have more follow up.Thanks again.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Customer :

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?

RayAnswers :

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.

RayAnswers :

I cannot see anyone getting a guardianship at this point in time since the doctors feels she is fine mentally.

RayAnswers :

Thanks for following up and letting me clarify here.