Legal Question in Real Estate Law in New Jersey

Illegal sale of property

My dad has been in a nursing home for aprox 10 yrs. Recently his wife became ill and is being cared for by her daughter. The home that my dad and his wife owned was in both their names. His step- daughter sold the home w/o my fathers knowledge and no representation for him other than the fact that she has POA over her moms affairs. Needless to say, he received no proceeds from the sale of the home and none of his personal possessions were turned over to him. About 2 months BEFORE the sale of the home, my dad appointed his children as POA over his affairs. My question is, isn't illegal to sell that home without the consent of both owners? What recourse of action can be taken against his step daughter and the real estate company that finalized the sale? If I can take legal action, can this be done as a civil action or would you recommend something else?


Asked on 9/25/07, 1:13 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Illegal sale of property

Yes, the step-daughter, the broker and title company could all be civilly liable for the step-daughter's apparent "property grab" at the expense of your father and his legitimate heirs.

You should consult an attorney appropriately experienced in real estate and probate matters in the jurisdiction where all of this "went down" which appears to be the state of New Jersey.

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Answered on 9/30/07, 11:47 am


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