By clicking
Talk to a Specialist, you agree to our
Privacy Policy. You also consent to receive calls and texts, which may be autodialed, from us and our customer communities. Your consent is not a condition to using our service. Please visit our
Terms of Use. for information about our privacy practices.
Come back when u find out what ur rights are.
Verbal agreements are legally binding. The question is showing that such an agreement exists. Did anyone else know about this agreement? Can someone else attest to it?
Yes, written agreements can be easier to prove valid. Especially if they have been witnessed and/or notorized and/or publicly recorded. After all, people can say that it's not their signature and they have no idea what this agreement is.
In the end, it comes down to whether it smells right to the judge. People do make claims based on verbal agreements during probate. People do win.
I really don't think a verbal agreement stands in something like this. If no one to corroborate it. And like I said, if family needed to sell it for her expenses, then there is nothing to inherit.
Anyone can make a claim, that is what probate is for. It is their burden to prove that they have a legitimate claim. But anyone can make a claim against anyone's estate.
Having a verbal agreement that was met by one party proves intent and that they believed that they had an agreement. It is perfectly legal in any situation, it takes proof to get it through a probate judge or any judge. They have seen every hustle out there, they have law that directs them. The biggest part of that being proof from the claimant. He said she said does not get you any where. Proving that you spent weeks or months caring for a dying person, without pay, well that is a different story all together.
You will need to do a detailed document that outlines when you started care, what care you did, how long it lasted, exactly what your understanding of the agreement was and you will need to place a value on services provided based on the going rate for the care you provided. This will show the courts all the information to make a decision on.
This is why we are always telling people to get paid as you go and do a written caregiver agreement, it simplifies the situation.
Best of luck.
Maybe the trailer was sold for her living expenses. I have left my house to my daughters but I have a right to sell it if I want to. It just means that if I die before its sold they get it. Same with my investments. They inherit only if money is left.
The POA may have had the right to sell the trailer to pay for persons rent. It an asset.