Q: Would I have rights to my house, if my moms dying wishes, with out a will, & possibly just a verbal agreement
Would I have rights to my house, if my moms dying wishes, with out a will, & possibly just a verbal agreement, were for her sister, my aunt, to buy a home for me & my brothers, which she did, but she never put our names on it, only hers, her husbands, & Garza Trust, are on deed, & she has taken most if not all of the equity, & now she has stopped talking to us just because we asked her questions about the house. Please let me know what you think, thanks
A: All agreements concerning real estate must be in writing, so you would probably lose on your contractual claim, but you might succeed if you could prove with clear and convincing evidence that your aunt intended to deceive your mom and profited from that deception. Your claim would be based on tort law, including fraud, misrepresentation, duress, mistake of law or fact, undue influence, and/or lack of incapacity. Find a good trial lawyer and see if you have a case. This is likely not a case that you can handle on your own. Good luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.