Do i have a case? and enough proof?

Question

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 our father, 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 monthly 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? 
-i have deposited check slips stating it was "_ __ store payments"  
-my sister told myself and mom she has still been receiving multiple payments since he stopped my payments. 
this was a 7 year agreement with monthly payments, and now hes stating it was only a gift from him.

Gerald Barry Dorfman · Answer

Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have said. Find a knowledgeable attorney and have a full consultation and document review. Consider whether you are willing to be the Administrator of your father's estate, and if not, who you would want to nominate for that job. Get all documents you have and get all details and dates together, in preparation for your first consultation.

Julie King · Answer

The answer is:  It depends.  When someone in California dies, an analysis must be done to determine the total value of ALL assets that person owned (with the exception of a few assets, but a business is NOT one of the exceptions.) If the dollar amount of the assets totals $154,500 or higher, then the law REQUIRES all of those assets to be reviewed by a Probate Court BEFORE anyone can take them for themselves or inherit them. People can't just take whatever they want after someone passes away. There are a lot of tasks that must be accomplished before anyone can inherit these assets. So, if your father's assets -- including the value of his business -- has a totals value of $154,500 or higher, a relative must file a Petition in the Probate Court to open the probate process, and it will be up to a judge to decide who gets which assets. A judge may or may not allow the agreement your uncle made with your sister and you to remain in place or the judge may void it all together. That answer would depend on a lot of information that needs to be given to the judge or a probate lawyer. I suggest you speak with a probate attorney in your area and get advice related to your specific situation. Best wishes!

James L. Arrasmith · Answer

You may have a case to sue your uncle for stopping the payments, especially since you have been receiving these payments as part of a verbal agreement for your father's share in the stores. In California, verbal agreements can be enforceable if there is enough evidence to support their existence and the terms. Your deposit slips and the fact that your sister is still receiving payments could help demonstrate that an agreement was in place. 
 
Your uncle's claim that the payments were a gift may be challenged, especially since the payments were consistent and noted as store-related, indicating they were tied to your father’s business share, not just random gifts. It’s important to gather all the evidence you can, such as check slips, any written communication, and testimony from your sister or mother that supports your side of the story. 
 
You should consult with a lawyer who can help you better understand your legal options and the strength of your case. They can guide you on the next steps to take to protect your share of your father’s business interests.

Q: Do i have a case? and enough proof?