Q: Can I petition my father's estate for a verbal debt he made for a sold home in Miami which I was a co-owner?
The home was partially owned by myself in Miami, Fla, and when my father sold the house, my equity was roughly $350K. He asked that I give the check to him, in compensation he indicated he would transfer 4 acres of land in Pa plus provide the remaining amount in his will/estate. I consulted an attorney who said he couldn't legally take the check without compensation of some sort, but because it was my father, it would be a difficult decision to fight him on his terms, so I should accept his offer. He is still alive at 87 but today he told me, at his wife's insistence, that I would not be getting anything from his estate, as he is giving everything to her, age 63. She has systematically separated him from myself and his sisters/family (I am his only son, age 59)
Do I have a legitimate claim against his estate for thee remainder of the amount promised in his will/estate, in the event that he does NOT pay or intend to pay, the balance upon his demise?
A: You should sue him now, assuming the statute of limitations has not run, to enforce the agreement. Because, after he dies, it might be difficult for his estate to disprove the agreement he made with you, so the estate could argue that your claim is equitably estopped from suing.
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