Father sold land with Alz Disease

[ricoace]

What is the name of your state? Ilinoise

My Father passed away a little over a year and a half ago. We just recently found out that 4 months before he passed, He was in the advanced stages of the disease when he sold 10 acres of his property. Since then the buyers have built a home on that property.

Not trying to be nasty, whats done is done, but did I, or do I have ant legal recourse to this? I live in Texas, so I had no idea this sale was going on, and just to add a little more drama to the pot, we had no idea he was suffering from ALZ,s

 

[PghREA]

What is the name of your state? Ilinoise

My Father passed away a little over a year and a half ago. We just recently found out that 4 months before he passed, He was in the advanced stages of the disease when he sold 10 acres of his property. Since then the buyers have built a home on that property.

Not trying to be nasty, whats done is done, but did I, or do I have ant legal recourse to this? I live in Texas, so I had no idea this sale was going on, and just to add a little more drama to the pot, we had no idea he was suffering from ALZ,s

If you had no idea that your father was suffering from Alzheimer's, then the Realtor, lawyer
who ever he worked with on the sale probably had no idea either. It was his property and he could do what ever he wanted with it.

 

[ricoace]

From speaking with friends and niegbors, it was pretty evident to them that he was not of sound mind in his last year of life. If I were to blame anyone, it would be his Female companion of 20 years...

The law is specific, assumption , whether it be from the realtor or the buyers shouldnt be excused.

 

[BelizeBreeze]

From speaking with friends and niegbors, it was pretty evident to them that he was not of sound mind in his last year of life. If I were to blame anyone, it would be his Female companion of 20 years...

The law is specific, assumption , whether it be from the realtor or the buyers shouldnt be excused.

Congrats! You have just granduated Law School AND passed the realtor exam for your state.

Now that being said, you no longer need our help.

 

[ricoace]

When I figure out what Grandulated is I will reply properly to your smart ass comment.

Have a good day.

 

[Ohiogal]

When I figure out what Grandulated is I will reply properly to your smart ass comment.

Have a good day.

Hmm lets see...
Did a doctor diagnose him with Alzheimer's that you knew of? The neighbors' opinions don't matter. I think a few of my neighbors are crazy but that won't stand up in court as a legitimate legal opinion. Like you have been told, if you didn't know he had alzheimers disease how would the people involved -- none of whom you mentioned were doctors. Prove that he was of unsound mind. Prove that these people took advantage of him. Then answer this -- who inherited from him? The estate may have a case but ONLY if they can prove that he was of unsound mind and that the people involved in the real estate deal KNEW that he was of unsound mind and was not legally competent to enter into a real estate sale.

 

[Ohiogal]

When I figure out what Grandulated is I will reply properly to your smart ass comment.

Have a good day.

By the way -- before you criticize BB -- you might want to explain how your father's land having alzheimer's disease is possible and how that would affect whether or not your father was of sound mind.
I was going to let your lack of proper grammar pass however if you are going to criticize other members for their errors, then you deserve to be called on yours as well. Remember the saying about glass houses.

 

[Acerico]

Thank you again Ohiogal
that was good advice. I can prove that he was not in his right state of mind from medical examinations.

Obviously free "speech" isnt acceptable on a US Law Forum! because as you can see my oringinal username was banned

The glass house cliche is a good one, so is "if you cant say something nice, dont say nothing at all" I didnt expect to get ridiculed for simply asking a question on a free advice forum...nor did I expect to get banned for defending myself...and to be honest, I expected a little better answer from wannabe lawyers/law students/lawyers than what I got in the first reply to this thread.

As far as my grammar is concearned, I didnt come here to impress you or anybody else with my grasp of the english language...My reponce was simply a sarcastic reply to Beleze,s sarcastic reply.

Thank you again for your professional reply

Have a great day

 

[BelizeBreeze]

Thank you again Ohiogal
that was good advice. I can prove that he was not in his right state of mind from medical examinations.

And that is NOT enough to set-aside an otherwise legal transaction. The other parties MUST KNOW, or have reason to know, that your father was of diminished capacity and you must prove that to a court.

Maybe advanced stage alzheimer patients have lucid moments which can stretch for hours. It will be up to you not only to show that the parties all knew your father was of diminished capacity, but was so during the stages immediately before, during and after the transaction occurred.

I have a feeling you still don't get it. So let's break it down.

Unless the land is worth more than $1,000,000 it's doubtful you will find an attorney to take the case for less than $25,000 retainer plus expenses. Unless you have a year to two to waste on this, don't plan on getting involved.

And unless you can absorb the loss of time and monies, don't bother.

the ONLY facts that matter in this situation are your father's state during the transaction. Not a week before, a day before or even an hour before. And that is a tall order to prove to a judge when you were not there and have no unbiased third-party medical validation.

 

[demartian]

Right Mind

There is no mention if the land was sold for below value or not.

 

[BelizeBreeze]

There is no mention if the land was sold for below value or not.

and what does that have to do with the price of tea in India?

 

[demartian]

Price of Tea

Because if the property was sold by a realtor and they got at least close to fair market value, then that would prove that everyone around the father did the right thing by him and being of sound mind wasn't an issue.

Now, if the land was sold for a lot less $$$$ and the realtor and other people made some under the table profits or whatever, then that would prove they knew he was not of sound mind and there would be a case against them.

Of course, that is just from logic and I am not a lawyer, so I see things from a much different point of view.

 

[BelizeBreeze]

Because if the property was sold by a realtor and they got at least close to fair market value, then that would prove that everyone around the father did the right thing by him and being of sound mind wasn't an issue.

it would prove no such thing. And it's irrelevant to boot. The ONLY fact that matters under law is was the father competent to proceed with the transaction. NOT how much was paid for the land.

Now, if the land was sold for a lot less $$$$ and the realtor and other people made some under the table profits or whatever, then that would prove they knew he was not of sound mind and there would be a case against them.

And how do you propose to present this in court? People make money on transactions all the time. It's call free-market. This is irrelevant as shown above.

Of course, that is just from logic and I am not a lawyer, so I see things from a much different point of view.

which in this instance, is completely irrelevant.

 

[PghREA]

And that is NOT enough to set-aside an otherwise legal transaction. The other parties MUST KNOW, or have reason to know, that your father was of diminished capacity and you must prove that to a court.

Maybe advanced stage alzheimer patients have lucid moments which can stretch for hours. It will be up to you not only to show that the parties all knew your father was of diminished capacity, but was so during the stages immediately before, during and after the transaction occurred.

I have a feeling you still don't get it. So let's break it down.

Unless the land is worth more than $1,000,000 it's doubtful you will find an attorney to take the case for less than $25,000 retainer plus expenses. Unless you have a year to two to waste on this, don't plan on getting involved.

And unless you can absorb the loss of time and monies, don't bother.

the ONLY facts that matter in this situation are your father's state during the transaction. Not a week before, a day before or even an hour before. And that is a tall order to prove to a judge when you were not there and have no unbiased third-party medical validation.

And I still want to know why the daughter didn't even know that her father had Altzheimer's.

 

[demartian]

Is that the Same in Criminal Court as well as Civil Court?

Would that same information not matter in Criminal Court as well? If, say someone committed fraud by making a person they knew was not of sound mind enter into an agreement to sell off their land at far below market value.