Nebraska Recent Legal Answers from Lawyers

Verbal agreements are binding contracts, but it is easier to prove the existence and the terms of written agreements. Even if the other person admits that there was a verbal agreement, they may have a different understanding about what the agreement required. These cases often come down to who the jury or judge chooses to believe.... Read Answer

Oral contracts are indeed enforceable in California, just as though they were written. One principal difference is that the statute of limitations for a claim based on an oral contract is two years, and the statute for a claim based on a written contract is four years. There are also certain contracts that must be in writing, pursuant to what is called the Statute of Frauds. The list of types of contracts falling within the Statute of Frauds is too complicated to explain here.... Read Answer

Some verbal agreements are enforceable. The statute of frauds requires contracts that deal with real property, or those which cannot be fully performed in less than a year to be set forth in writing. If you attempt to draft your own contract, be clear in the terms. Ambiguous provisions will be construed by a court in favor of the non-drafting party.... Read Answer

A verbal agreement to not take child support would likely be void under public policy. If your child/children are over the age of majority, then she likely cannot come back for back support. You will need to be certain that, if support was ordered through the court, the correct documentation to stop it was filed. If the two of you agreed informally without a modification order, then the amount will have continued to accrue and you would be looking at past due amounts. You should visit with an attorney about the specifics of your situation right away.... Read Answer

I'm very sorry for your loss. If your mom had a life estate, it ended when she passed away.  If the lease was set up the usual way, with tenants paying as they go, then her stepsons were no longer receiving any rights from her after she died, and have no obligation to pay rent.  Frankly, I would have expected the lease to explicitly so provide. It is possible, however, that the lease was set up a different way.  For example, it may have provided that the tenants purchased the right to occupy the farmground during your mother's lifetime, however long it lasted (whether 1 year or ten years) for $10,000 (just making up the number), the amount to be paid in  monthly installments.  In that case, all of their obligations would have ripened at the time of the lease ($10,000 for a life estate) and they would still be obligated to pay what they agreed.    ... Read Answer