Q: My elderly mother verbally told all her children , that who ever cared for her in her home keeps her house . Outside wil
My elderly mother offered her home to any of children in exchange for her care but not stated in her will. Not one of her children cared for her . I am the only one of her children that did all the care she had Alzheimer's and died of it in Sept 2023. Who is entitled to her home if not specifically mentioned in her will but enough witnesses to her verbal offer .
A:
a verbal promise to leave real estate to someone in exchange for caregiving services can be enforceable under certain circumstances. This is known as a "contract to make a will." The elements of a valid contract to make a will are as follows:
The testator (the person making the promise) must have had the mental capacity to make a will. This means that the testator must have been of sound mind and understood the nature of the agreement.
There must have been a clear and definite agreement between the testator and the caregiver. This means that the testator must have made a specific promise to leave the caregiver their home in exchange for their care.
The caregiver must have provided the promised care. This means that the caregiver must have fulfilled their end of the bargain by providing the testator with the care they needed.
If all of these elements are met, the caregiver may be able to enforce the contract to make a will and inherit the testator's home. However, it is important to note that these cases can be complex.
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