Mom thinks she will be going home to her house next month. Sister denies that mom's house is for sale but my brother found out the sale is pending. What can we do to stop this?

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Susan, just curious how did your brother find out that Mom's house was For Sale? Is there a real estate sign in the yard? if not, then how was this information gathered?

My Dad had dementia but in the mornings he was pretty alert. Dad had me sell his house. Dad understood the Real Estate Listing Agreement, initial it and signed where needed. He was so glad to let that house go as he knew he wouldn't want to go back. Just too much work for him being in his 90's.

Once my Dad's house sold, the equity went into his bank account to be used for his care. He was happy knowing he could pay for Independent Living and later Assisted Living with the funds. It gave him peace of mind.

Oh, if your Mom's house is really for sale and has a ratified Contract, if you stop the sale of the house, the Buyer could sue the family for breach of contract.
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Who has financial POA? Is there a legal guardian? Is mother still competent to make her own decisions? Would her doctors agree?

What is Mom's financial situation? How is her health? Is she likely to need a care center? Is she paying for her room and board at your sister's? Who is paying to maintain her previous home? Taxes, upkeep, insurance, etc.

Why does sister want to sell the house? (Or does she just deny that she does?) Why do you not want the house sold? What does sister plan to do with the proceeds of the sale?

How long has mother been living with Sister? Do you and Brother help care for her? What has been your relationship with Sister?

Since Mother has dementia, it is perfectly possible that she and Sister have discussed this sale many times and Mom agreed that it is the right thing to do. Perhaps she signed the listing papers. And, with dementia, she could still think she is going home in a month. Obviously I don't know how likely that is; I just know it is entirely possible.

If there is a professional real estate agent involved, it would be very surprising if the ownership i's aren't dotted and the t's crossed. They only get paid if a sale goes through and most would see that there are no obstacles upfront. Similarly if a lawyer is involved I'd expect the transaction to be legitimate. But we don't know who has been involved, do we?

I'm sorry for so many questions, but often when we have more background information members are able to offer more meaningful suggestions to suit the particular situation.

As reallyreal says, if this sale violates Mother's rights, you can probably get the sale stopped. Act quickly. But there is also a chance that the sale is perfectly legitimate, in which case you won't have much to say about it.

Can you discuss this with your sister, calmly and reasonably? Or is your relationship beyond that point? I'd try finding out what is really going on from Sister if possible, before contacting the agent. But then I would talk to the agent.
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Who has POA? You need to call real estate agent and Title insurance company and tell them that sister can not sell house, if it is true. I personally would contact the law and an attorney. If your mom thinks she's going home she obviously doesn't know and unless she has been deemed incompetent by a judge, her rights are being violated. Get law enforcement involved asap, pending means earnest money paid and other expenses to the buyer, they could sue over this. Good luck and let us know what happens, we all are learning and appreciate when anyone let's us know how it's going.
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