Legal Question in Real Estate Law in Texas
My 92 year old father and my 64 year old step-mother are separated, she and her son had him commited to a mental hospital for observation. As soon as he was commited she cleaned out the house, we are afraid that since he has been commited that she will try to sell the house, is there any way that she can do this with him being locked up in a mental hospital?
My father has always said that in his will that I would get the house, but now the will can't be found, and I am concerned that she will sell the house. If my father signs a Quit Claim Deed making me the grantee, will that prevent her from selling the house. I would appreciate any help you can provide.
1 Answer from Attorneys
First, she can't sell the house if her name is not on the deed. If her name IS on the deed along with your grandfather's then a quit claim deed would muddy the waters enough to prevent a sale from going through, at least for a time. She might challenge the quit claim deed saying he lacked the capacity to sign it because he was in a mental hospital.
You need to talk to a local real estate attorney as soon as you can, though.
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