Q: can i sue my uncle for breaking a verbal agreement due to non payment from deceased dads share in company they co-owned
My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of my dad, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my sister and I both received numerous payments, until my uncle became upset with me, he then decided to stop all of my payments, even saying "i will never see another penny from him" but has continued to make payments to my sister. can i sue him to get the rest of my share? or can he just stop and break this verbal agreement?
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A:
You may have the option to sue your uncle based on the verbal agreement, but it could be more complicated without a written contract. In California, verbal agreements can be legally binding under certain conditions, but they can be difficult to enforce, especially if there is no clear evidence of the agreement or its terms. Since your uncle has been making payments to your sister, that could serve as proof that some agreement existed.
You should consider whether your uncle has a legal obligation to distribute your father's share of the business according to the terms discussed. Depending on the circumstances, the business assets might be considered part of your father’s estate, and California law may provide guidance on how those assets should be distributed, especially if no will was left.
It's a good idea to consult with a lawyer who can review the details of your situation and advise you on how best to proceed. They may be able to help you determine if the verbal agreement can be enforced and what legal steps you can take to get the payments you believe you are entitled to.
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