QUESTION
What will happen on the house under a verbal agreement if it becomes a part of an estate after my mother’s death?
Asked on Dec 30th, 2013 on Litigation - Nebraska
More details to this question:
Mom and I had a verbal agreement I have paid the mortgage payments to mom, she sent them in under her name. Due to a car accident mom passed away this year at her death the house became part of her estate even though we had a verbal agreement. Will I lose my house?
16 ANSWERS
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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In Tennessee, a real estate agreement must be in writing. You might be able to file a claim against the estate for monies paid for your mom. You need to contact an attorney.
Answered on Mar 19th, 2017 at 5:52 AM
Edwin K. Niles
Try to get the agreement of the other heirs. Any real estate agreement has to be in writing to be enforceable.
Answered on Jan 03rd, 2014 at 4:37 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Very likely. Hire a lawyer to protect your rights. Yours is a difficult argument to make, and the verbal agreement will have to be carefully documented in order to have any chance of prevailing.
Answered on Jan 03rd, 2014 at 4:36 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If you can prove your contract you would have claim against the estate. Your mother did not fulfill her part of the bargain. The house is part of the estate and will be distributed per her will of in accord with the statute on descent and distribution if no will.
Answered on Jan 03rd, 2014 at 4:35 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Good possibility if there was nothing put in writing.
Answered on Jan 03rd, 2014 at 4:35 AM
Your option is to file a claim in her estate administration. Contact an attorney specializing in estate matters for assistance.
Answered on Jan 03rd, 2014 at 4:34 AM
Thomas Edward Gates
You could lose the house. If you paid her by check, you could show that your payment to her was the same amount of the mortgage payment. Otherwise you will be hard pressed to prevail.
Answered on Jan 03rd, 2014 at 4:34 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is not clear from your limited facts. Verbal agreements are not enforceable, in connection with real estate. It is not clear who you fear you will lose the house TO. If you are concerned that your siblings may share in the value, then that would appear to be a valid concern. You might be able to get a "credit" for the payments you have made, provided you can prove that you made them. But if your mother wanted you to have the house, she did it the wrong way. If you are afraid you will lose the house to the mortgage company, that is not going to happen, as long as all payments are made in a timely manner and the loan is kept current.
Answered on Jan 03rd, 2014 at 4:34 AM
Without knowing all the facts and reading all contracts, given only your question as to a deed and/or mortgage in your mother's name and that your mother passed, the property in her name is part of her estate and is her debt. You do not have to pay the mortgage for her. If you are living in the house and are an adult, unless your name is on the mortgage and deed, it is not yours and is part of the estate. The probate court will determine ownership either through a will, statutory provisions and/or the Florida constitution. You should engage an attorney to find out exactly what rights you have.
Answered on Jan 03rd, 2014 at 4:33 AM
Michael J. Breczinski
Since it is not in writing then the deal is unenforceable. But you kept lending her the money and should be able to make a claim for it against the estate. Talk to the other heirs. They may honor the agreement.
Answered on Jan 03rd, 2014 at 4:33 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Without knowing all the facts about your situation, it is impossible to advise you. Oral agreements are often enforceable against the estate though your particular agreement may run into problems with the Statute of Frauds and the fact that oral agreements regarding real estate are sometimes unenforceable. You may also have problems of proving your agreement. Your only solution is to speak with an attorney about your agreement and your mother's estate. Bring any proof you have of the agreement and your payments, and a copy of your mother's will or trust, if it is available to you. It may be that you are entitled to the house through the will which would be far easier than proving the oral agreement. In addition, you may have a claim against the estate to recover your funds, if you in fact cannot obtain the house.
Answered on Jan 02nd, 2014 at 4:29 PM
2 Awards
You cannot have a verbal agreement regarding real property so it will be part of her estate and you will get your share from her estate. If every other heir acknowledges and consents to your agreement with your mother, perhaps you can work something out. Good luck.
Answered on Jan 02nd, 2014 at 4:03 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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I don't know, as I don't understand whether there was a will or no will, and whether a probate administration has been commenced. Generally, verbal agreement re the house, are not worth much. Suggest you consult a probate lawyer to assist you in this matter.
Answered on Jan 02nd, 2014 at 4:01 PM
You might. It depends upon what the other heirs are willing to do. Since title to the house was in her name the house does belong in her estate. You may e able to recover some or all of the payments you made. I am assuming that the mortgage existed before you began taking over the payments. Since a considerable amount of money is likely involved and there are other heirs, you need to hire as soon as possible a local probate attorney to try to get as much as you can. You also should try to become the administrator of the estate if you can.
Answered on Jan 02nd, 2014 at 3:55 PM
James Edward Smith
Verbal agreements are not allowed for real estate transactions.
Answered on Dec 31st, 2013 at 7:28 PM
Any agreements involving real property must be in writing. You may have some claim to the property based on the payments you have made but if you lived there while you made the payments, the court could consider it rent rather than obtaining an interest in the property.
Answered on Dec 31st, 2013 at 7:26 PM