My father had a stroke. Does that create any special requirements in a real estate transaction?
August 26th, 2008 By Peter G. Miller
How bad a stroke?
When an individual lacks capacity or has questionable capacity (because of illness, for example), steps must be taken to assure that the individual’s assets are protected. Depending on your state, it may be necessary to get a court to supervise the sale. If the individual seems fine, it may nevertheless be prudent to have a physician certify that the individual is mentally competent and able to make sound judgments.
If there is a question regarding the capacity of an individual to enter into a realty agreement, it could open title questions and deed issues for years to come. For specifics, contact an attorney or legal clinic in your state.
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