My question involves real estate located in the State of: Texas
My mother passed a few years ago and I took care of my father at the time for a while and had to put him in a care facility because he was unsteady and always falling. My family and I remained in the home. There was no will or power of attorney at the time. My father's son from another marriage came in and got a power of attorney through the facility, not even sure what type it is because I have never seen it. My mother and father have 2 pieces of property. The one we live in and another with a mobile home on it. I visit him every other Saturday. There was some talk that he wanted to get out from under the other property with the mobile home so he did not have to keep paying the taxes. He was not declared incompetent to my knowledge and seemed fully capable. I made an offer on the property. He countered with an offer, and I accepted. I drew up the papers and took him to an attorney with the bill of sale, and transfer of the deed and had them notarized. It was legit. I paid him and then filed the papers in the court records office. A month later the power of attorney, his son, was notified of the sale. He was very angry at the situation because of the amount I paid, which at the time, I was not aware it was below value, and he felt like we went behind his back, which he had already made the statement "If i wanted to buy it then talk to his dad", so I did. Now I found that 7 months after the sale 2 years ago he filed a lis pendens, which is for the cancellation of the deed, and he stated that my father was incapacitated. The sale was just like any sale. He could have sold it for $5 and it would not have made it any less of a sale. What leg do I have to stand on now? Can he prove my father's incompetence at the time of the sale? What can I do to protect myself other than get an attorney? Which I will probably do. I dont want to loose my property and the years of taxes I have paid.