Estate Law Questions? Ask an Estate Lawyer.
Thanks for your question and good evening to you.I am a Texas lawyer and will be assisting you here.
There is no age limit here in Texas.Any adult with their mental faculties can sell their properties.They are presumed to have the mental capacity to do so.
As long as there is not a guardianship in place the senior is an adult and can carry out such a sale and transaction here under Texas law.
In Texas here, the requirements of capacity indicate that the competent testator must have the ability to comprehend, know, or recall, but not the actual comprehension, knowledge, or memory. I A testator for instance--that's the person making a will should be able "to collect in mind the elements of the business to be transacted and to form a reasonable judgment about it" (Flores, 76 S.W.3d at 630; Bracewell, 20S.W. 3d at 19).
Overall a real estate transaction would presume the person has their normal mental faculties that allow them to understand what they are doing and what they are signing.
This is similar to a situation where they would do a will and their mental capacity woudl be an issue later on.
Their is no age limit my 96 year old aunt recently sold her house to go live with a relative and signed the necessary sale papers.She understood what she was doing and what the outcome would be.
It has been my pleasure to help you.Please if you have more chat just ask.Thanks again.
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