Legal Question in Real Estate Law in Pennsylvania
Selling a house that had an agreement not to be sold out of family
My mother who has been diagnosed with alzheimers signed the family house over to my 2 youngest brothers with the condition it would never be sold outside the family..My one brother moved out of state and said he would take his name off the house as long as the other brother lived there and took care of it and didn't sell it..It took my brother all but 3 months to tell the family he is selling it against our mothers wishes..My question is if my mother had alzheimers when she signed the house over to him can we stop him from selling it? Can he be held to the verbal agreements he made with my brother and mother?
1 Answer from Attorneys
Re: Selling a house that had an agreement not to be sold out of family
I would have to see the documents by which your mother originally transferred the house and restricted it. If it was properly restricted, you could block the sale. As to her mental condition you would have to prove she was mentally incapacitated at the time she made the transfer in order to undo the original transaction