QUESTION
What if anything can we do to stop his stepfather from taking the house that was verbally given to him?
Asked on Feb 14th, 2014 on Estate Planning - California
More details to this question:
My father and I have been living in an old ranch house for almost 9 years. It was purchased by his mother and stepfather about 16 years ago, for a getaway house that would be close to my grandmother's parents and second for a place my brother, father and myself to uses as a hunting lodge. It was known and openly discussed that my father would inherit the place after they pass. So my father completely remodeled the house so it would be at least habitable. He did this out of his own pocket around 15 years ago. He thought nothing of it "knowing" it would someday be his own anyway (due to the countless conversations between his mother, stepfather and himself), some of which I was witness too. He had no reason to think otherwise but sadly his mother, my grandmother passed away a few years ago. Now out of the blue his stepfather is trying to get him to pay a ridiculous amount for the house that has been soul residence for nearly a decade now! Before my grandmother died they both referenced to the house as" his house" the past 5 years. After receiving essentially nothing from his mother’s sizable estate after her death, his stepfather is trying to weasel away the one thing she without question always intended to be his.
11 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If it was purchased by mother and stepfather, they probably took it as tenants by the entirety. That is a survivorship estate in real property. When mother passed away, the house would belong to her joint tenant, stepfather (note that I am just guessing about how the property is held. You need to know what the state of the title is). Verbal promises regarding testamentary gifts are worth nothing. They are hearsay, and the only person who can say what she wanted was mother. If she did not make arrangements during her life to pass the house to her son, then she didn't. Son might have a "quantum meruit" claim for work done to the property.
Answered on Feb 21st, 2014 at 6:39 PM
Edwin K. Niles
It will be a tough law suit, as real estate contracts are to be written. However, you will probably prevail. Get a lawyer experienced in this sort of case.
Answered on Feb 20th, 2014 at 4:56 AM
Oral promises when it comes to real property (and inheritance as well) are not effective. You father might possibly have a case for his improvements however based on quantum merit.
Answered on Feb 20th, 2014 at 4:56 AM
If the step-father's name is on the deed to the property and his mother's share was not specifically bequeathed to your father, the step-father owns the property and can do with it as he wishes. The only claim your father might have is for reimbursement of the increase in the value of the house because of the improvements he made. However, if your father has been paying the taxes and mortgage on the property as well as fixing it up, he might have a claim to the property under "adverse possession" laws.
Answered on Feb 20th, 2014 at 4:55 AM
2 Awards
A verbal gift of real property is not a valid gift. If he has more, take it to an attorney for review.
Answered on Feb 20th, 2014 at 4:55 AM
That it was intended that your father get the house does not mean that he is fact does get it. A promise to put something in a Will is not binding. If it was community property, the stepfather would inherit it all. I do not think that your father could even claim the cost of the repairs that he made, because there really was not any negligent misrepresentation made. You need to hire a local probate attorney to see what can be done.
Answered on Feb 19th, 2014 at 7:05 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a probate litigation lawyer to represent your father to file a suit if the facts you state are correct.
Answered on Feb 19th, 2014 at 6:55 PM
Estate Planning Attorney serving Baton Rouge, LA
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The Stutes Law Group LLC
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The lesson here is that real estate ("immovable property" in Louisiana) cannot be transferred by conversations, even "countless conversations." It would have been simple to set up a structure to assure that the property would pass to your father. Now, however, your stepfather may very well have rights in the property. It is possible that your father may be entitled to credit for the improvements. You need to consult an attorney to help you reach the best resolution of the situation.
Answered on Feb 19th, 2014 at 6:55 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Your father has no legal claim to ownership of the property. A verbal "gift" has no legal effect. He may have a claim against his parents' estates for the value of the improvements he made to the property.
Answered on Feb 19th, 2014 at 6:48 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your grandmother may have "intended" the home to be your father's. She did a HORRIBLE job of setting things up to accomplish this. Estate planning is critical in situations like this, and apparently it was not done. That means that your father is at the mercy of his step-father. Verbal agreements mean nothing in this kind of situation. Any agreements involving real estate need to be in writing. Your father has an argument that he should be reimbursed for the value of the remodeling work that was done. Of course, he has apparently been living at the property rent-free, all of this time. That suggests that there might be some kind of off-set, if this ever went to court. I think it is time for your father to decide if he wants to stay at the house or not. If he does, he will need to make an agreement with his step-father. If not, he can stick the step-father with taxes and insurance costs, but he will need to find a new place to live. There is plenty of blame to go around on this. Your dad has his mother to blame for failure to set things up properly. Step-father has NO legal obligation to do anything, however.
Answered on Feb 19th, 2014 at 6:47 PM
Anna Tarasyuk
This is type of question is really more suitable for a direct consultation with an attorney as it seems there are a few parties involved and potentially a lot of he-said/she-said issues. One potential option may be to go at this as a contractual enforcement matter. The other thing to do is to also figure out how the house is actually titled. Unfortunately, if it is titled in both the grandmother's and stepfather's names, as an estate administration matter, it would go the stepfather. However, as previously mentioned, this is a very detailed and complex situation and your best route is to speak directly with an attorney.
Answered on Feb 19th, 2014 at 5:38 PM