Asked in Civil Litigation, Contracts and Estate Planning for Alabama

Q: Agreement in front of witnesses to buy $350 item. "Check in the mail". Now refuses to pay but keeping the item.

My mother left me her personal belongings including the contents of her house and had the foresight to include a photographic inventory in her own hand. The house went to her husband in a right of survivorship but he died shortly thereafter and his heir is making things difficult. The heir made an oral contract in front of witnesses to buy an item in the house stating that payment would be sent promptly (while expressing anger of the terms of the will). Now they are keeping the item and have sold the house telling the buyers of the house that said item goes with it. Insisting that the terms of my mother's will were unfair and all of the furnishings belonged to their father so until I give them back, not to expect any payment. Is it possible to either reclaim the item or the promised payment for it?

1 Lawyer Answer

A: The husband owned the stuff after she died. He died and now it belongs to his heirs. What county are you in?

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