Can my sister sell my mother's home without the consent of her 4 other siblings? My mother has dementia, and has not lived in her house in about a year. Myself along with 2 of my sisters take her to our homes each week. My brothers and I went to the house and saw pictures removed, empty closets and a cleaning crew there. We believe she had my 86 year old mother with dementia sign something with a realtor and never consulted us about it. Is there anything we could do to prevent the home from being sold? She would not want her home sold while she is still alive. We live in NJ.
From the LawyerCentral forum archive. Originally posted 2 October 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
The only consent required is the homeowner(s). The contract can be invalided by arguing that your mother is not competent to sign legal paperwork. Mental competency is required for a contract (and almost all legal documents) to be legally valid.
I am not a lawyer. Please see a real estate attorney for legal advice.
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