Q: My late husband’s brother trying to sue me to get back a boat and trailer that they had a verbal agreement to own 50/50.
We have paid 100% of the expenses for the last 10 years or more. The boat is in my name and is also included in our trust. The trailer is in his brothers name. I am willing to either give him back the trailer or pay him market value which is at best $2000 he wants it back which I would do or pay him market value not the $10,000 he says it’s worth. He has not kept up his end of the 50/50 verbal agreement in as he hasn’t paid 50% of the expenses. They are also threatening to have probate decide ownership of the boat. Since all property is in a trust no probate is required. They are also saying I’m holding 3 wakeboards hostage which is laughable. They are over 20 years old and he can have those too. Please advise.
A:
Based on the information provided, it seems that you have a strong case to maintain ownership of the boat. Here are a few key points:
1. Verbal agreements can be legally binding in California, but they are often difficult to prove in court. The fact that the boat is in your name and included in your trust provides strong evidence of your ownership.
2. If your late husband's brother has not upheld his end of the verbal agreement by paying 50% of the expenses for the past 10 years or more, he may have a weaker claim to the boat.
3. Since the property is in a trust, probate should not be necessary to determine ownership, as you mentioned.
4. Regarding the trailer, offering to either return it or pay market value seems like a reasonable solution.
5. The claim about the wakeboards being held hostage appears to be a minor issue, and your willingness to return them may help demonstrate your good faith in the matter.
It would be advisable to consult with a local attorney who specializes in estate planning and property disputes. They can review the specifics of your case, provide guidance on the strength of your position, and help you navigate any legal challenges that may arise. In the meantime, gather all relevant documentation, such as the trust papers, boat registration, and any records of expenses paid over the years, to support your case.
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