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I lived with a family friend for the last two years of his life. Took care of him from going to doctors to bathing. Before he died he had his estranged brother come be power of attorney over his medical decisions. He made a will leaving me his house. His brother told me he didn't write it in the will but he was going to do what my friend wanted. Well its 8 months later and he's trying to sell the house do I have any leg to stand on?

Honestly he didnt think he was dying. He went in for water around his heart and the hospital put him on a hepria drip that made him bleed internally and take a turn for the worst. I have a copy of the will his brother made it the day he died and had two people I know sign as a witness after he died. It's not legal hes trying to file it now because one of the witnesses got papers from an attorney wanting him to confirm he signed it. He told me and hasn't sent any of it back. His brother wasnt around since I've known him and that's for 20 years, but they lived 2 a few blocks apart. When he needed a power of attorney I went and got his brother I had the deed and a vehicle that was in my name, but when Jimmy died I gave it all to his brother because he was executor and told me he was going to follow Jimmy's wishes. And Jimmy never gave me the car so it was the right thing to do. A couple months later his brother gets arrested for molesting a baby. Now he has trial in may and he all of a sudden said the hospital is going after the house so he has to sell it and give them the money. But I know that's not true because I get the medicare summaries that say it was covered.
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Reply to Christak
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Is the OP still living in the house, you think, Isthis?
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Reply to Countrymouse
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Any one can make a claim against anyone else's estate. Do that. That the brother let you stay for 8 months shows he knew there was some agreement for you remaining.

Hopefully you have something in writing that tells the intent. Whether it is a 2 year old text to your mom saying your friend is leaving you the house or him doing something similar. Just anything that is valid and verifiable.

Good luck, I hope this works out exactly like your friend desired it.
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Reply to Isthisrealyreal
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Technically, verbal contracts are legally binding.

However, proving that a verbal contract existed in a court of law can be tricky.

First, certain elements must exist such as an offer being made and then the offer accepted. Necessary, as well is being able prove that the verbal contract was made - any witnesses or supporting emails
or texts?

Unfortunately for you - a promise made by your friend may not be considered a verbal contract by definition but instead a gift, of sorts. Definitely a kind gesture but less enforceable in court than a verbal contract. Still - it wouldn’t hurt to consult an attorney to find out just what constitutes a verbal contract in your state of residence.

Once upon a time - a promise and a handshake was good enough. Sadly, those days are long gone. Long, long gone. And when it comes to money and inheritances - this almost always seems to bring out the greedy worst in people.

Dont expect your friends brother to wake up and do the right thing. Make an appointment with an attorney.

Edit: I should have specified that exploring the Verbal Contract route might be a way to go in the absence of a written will documenting the bequeath.
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Reply to Rainmom
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Isthisrealyreal Mar 22, 2019
Today!
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I agree. If will probated it is now on file and public. POA drops once friend died. His brother has to be Executor to do anything. As such, he has to notify each beneficiary that the will has been probated.

Like said, you need to find out if will has been filed. If you find you are a beneficiary, then I would call the realtor and halt the sale.

Come back and tell us how it turns out good or bad.
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Reply to JoAnn29
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You might want to raise a red flag and notify the real estate agent.
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Reply to MACinCT
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Isthisrealyreal Mar 22, 2019
Do that today.
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Did you actually see the Will, it wouldn't be the first time someone said one thing and did another.
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Reply to cwillie
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There's no way round it - you need a copy of the will. You are sure that your friend did in fact make a will, are you?

If it's been through probate, you can look it up on your state's website. Search "probated wills in [your location]" and see if you can find the information you need that way.

If the will says you get the house, you get the house.
If it doesn't say that or anything else about you, you don't have a claim.

If there is a will but it is a mysterious new will dated suspiciously close to the time of your friend's death, there could be grounds to challenge its validity. But that would probably be expensive, and unless you are certain that an earlier will did include a legacy to you it won't get you very far.

Verbal promises have no legal weight at all.

Are you still in touch with the brother?
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