Orlando, FL asked in Estate Planning, Real Estate Law and Small Claims for Florida

Q: Dad died verbal give house mom verbal agree House mine. I have recording. Mom want to evict.

2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Verbal is not written and it is not a Will or Trust and it is not a deed and it is not even what Florida Intestate Statutes (without a Will) state. I think you have a real problem here as parents are allowed to change their mind and verbal promises and change their estate planning Will, etc., whenever they want during their life. I think you need to find a way to get along better with your mom or you will be ejected, evicted or otherwise removed from that home if you are not on the deed and do not have a lease agreement.

Seril L Grossfeld
Seril L Grossfeld
Answered
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: This is an unenforceable contract pursuant to F.S. 725.01 referred to as Statute of Frauds. Contracts relating to real estate must be in writing to be enforceable, as well as promises regarding inheritance and must be signed in conformity of the requirements to be considered a will.

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