Dallas, TX asked in Contracts, Civil Litigation and Real Estate Law for Colorado

Q: Verbal agreement on living arrangement after friend's death

I lived with a friend for 18 years and was his sole caregiver for 13 of those years. Before he passed away, we verbally agreed that I could stay in his house until it was sold, after which I would receive money to help me get on my own. I have witnesses to this agreement. How should I proceed with ensuring this agreement is honored?

2 Lawyer Answers

A: This is a complex question. First, Colorado has what's called a "Dead Man's Statute" that limits testimony regarding a deceased's verbal agreements. However, if you have independent witnesses, you may be able to get around that.

Second, Colorado has a "Statute of Frauds" which limits enforceability of lease agreements over one year. The agreement to allow you to stay in the house "until it was sold" might violate this statute.

Third, you stated that the agreement was that you "could stay in his house until it was sold, after which I would receive money to help me get on my own." In order for an agreement to be enforceable, there has to be a "meeting of the minds" as to the "essential terms" of an agreement. Here, in my opinion, that would mean that you would have to have some agreement regarding the amount of money, the length of time the money would be paid, or what the mutual understanding of "receive money to help me get on my own" means.

Just so that you know, it ay be difficult to reatain lawyer for this because lawyers are paid - in most instances - either though an hourly fee retainer that has to be paid in advance (which I think might be more than you are seeking in your potential claim), or through a contingent fee, which is a percentage of what a lawyer recovers for you. The problem with the contingent fee option is that most lawyers won't take a case where there is no insurance money unless the claim is for $25-50K, especially when there are issues like those i identified above. That being said, if your witnesses are strong, credible witnesses, you might be able to find a good lawyer to help.

There are other issues here, but i hope this gives you a good start. If you have more questions, I'd be happy to talk.

**This should not be construed as forming a client-attorney relationship, or legal advise upon which you should rely.

James L. Arrasmith
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Answered

A: You clearly gave a lot of your life to care for your friend, and it’s only fair to want the agreement you made to be respected. Verbal agreements can be hard to enforce legally, but they aren't impossible—especially when there are witnesses who can back you up. The first step is to find out who is handling your friend’s estate. If there’s a will, the executor named in it will be in charge; if not, the court may appoint someone.

You should present your claim in writing to the executor or administrator of the estate, explaining the agreement and including the names of the witnesses who can support it. If you believe the estate owes you compensation or time to stay in the home, you may need to file a formal claim in probate court. Colorado law has a process for creditors or individuals to make claims against an estate, but there are strict time limits—usually within a few months after the estate is opened.

In the meantime, try to remain in the home peacefully and avoid conflict with anyone else involved. Gather all possible evidence, including texts, emails, or anything that shows your role in his care and his intentions. It’s a tough position to be in, but your years of support and the promise made to you deserve a fair hearing. Don’t give up on asserting what you’re owed.

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