Would I have rights to my house, if my moms dying wishes, with out a will, possibly just a verbal agreement
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Would I have rights to my house, if my moms dying wishes, with out a will, possibly just a verbal agreement
Would I have rights to my house, if my moms dying wishes, with out a
will, possibly just a verbal agreement, were for her sister, my
aunt, to buy a home for me my brothers, which she did, but she never
put our names on it, only hers, her husbands, Garza Trust, are on
deed, she has taken most if not all of the equity, she has stopped
talking to us because we asked her questions about the house. Please
let me know what you think, thanks
Asked on July 22, 2019 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, unfortunately:
1) Oral ("oral," not "verbal," is the correct term, by the way) wishes do not control what happens to money or what people must do after the person expressing the wishes dies: only a properly executed and witnessed written will does.
2) Furthermore, in almost every state, agreements regarding the purchase, sale or transfer of real estate must be writing to be in enforceable, under what is commonly known as the "Statute of Frauds."
Unfortunately, your mother did not express her wishes in a legally enforceable way.
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