QUESTION
Are verbal agreements valid if witness by multiple people when it pertains to signing over a deed and when relinquisher is the will beneficiary?
Asked on Apr 02nd, 2018 on Trusts and Estates - New York
More details to this question:
My married grandmother who was astranged from her spouse for over 4 decades purchased the building she lived in for over 20 years. During this time she was in a long-term relationship (30+ years) with her significant other who lived in the property he inherited. She was advised to include him on the deed to protect the property from her estranged husband. She did this. The same person later advised her to remove herself from the deed naming herself beneficiary of the property in her significant other’s will. This was cited as maximum protection of her property. She reluctantly did this. She handled the finances for both the properties. Because of their ages and his diagnosis oearly onset Dementia they began establishing an revocable trust for her oldest granddaughter when she had an accident which caused her to go into the hospital for several months. One year after learning of this his estranged sister who lived out of state sort guardianship for him and all his assets.
2 ANSWERS
1 Award
Who are you and what is your relationship here. I am unsure what you want to happen and what did happen. However, oral statements can never change a deed.
Answered on Apr 08th, 2018 at 3:22 PM
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
What a mess! Fortunately for you this is exactly the type of mess that I can untangle- but much more information is needed- as is clarification of your information. Whose estranged sister are you talking about- your grandmother's husband, or her significant other- and was the sister actually appointed guardian?
In partial answer to your question- no. A verbal agreement regarding signing over a deed is not enforceable. However, an argument can be made, assuming your grandmother paid for all the expenses on the property over the past four decades, that she has established a constructive trust in the property that she signed over- in other words, that she is still the defacto owner due to her equitable interest. It's not an easy case to prove (especially since the transfer was made to defraud her estranged husband), but depending on how much money she put into the property and whether you can prove it, your grandmother might still have an interest in the propery she signed over.
Answered on Apr 02nd, 2018 at 4:00 PM