Beneficiary changed

[Johninneedofhelp]

Jurisdiction

New Jersey

I have helped out my friend for the last 25 years by maintaining his property at no cost in exchange that he would make me beneficiary. He agreed, a will was written making me beneficiary.
I found out recently he changed the will and made someone else beneficiary. He is around 85
and now somewhat confused. Do I have any recourse for all my work I've done the last 25 years,
can I put a lien on the property?

 

[adjusterjack]

Do I have any recourse for all my work I've done the last 25 years,

Probably not.

can I put a lien on the property?

Not without getting a judgment first.

I try to be nice when I respond to people but in this case I am compelled to say that maintaining his property with only the promise that he would put you in his will defies common sense since such a promise is unenforceable.

Anyway, you are welcome to put a dollar figure on 25 years worth of labor and sue him for it. Maybe being served a summons and complaint at the age of 85 will convince him to make some sort of cash settlement with you. Though that could backfire if he wins and seeks sanctions against you for abuse of process.

Consult an attorney and review your options.

 

[Johninneedofhelp]

Probably not.



Not without getting a judgment first.

I try to be nice when I respond to people but in this case I am compelled to say that maintaining his property with only the promise that he would put you in his will defies common sense since such a promise is unenforceable.

Anyway, you are welcome to put a dollar figure on 25 years worth of labor and sue him for it. Maybe being served a summons and complaint at the age of 85 will convince him to make some sort of cash settlement with you. Though that could backfire if he wins and seeks sanctions against you for abuse of process.

Consult an attorney and review your options.

At one point he did have me as beneficiary and I have a copy of will stating so.
He doesn't have any money, just the equity in the home, so suing him doesn't sound like an option. Don't know if I can challenge new will when he passes since this agreement was verbal, but I have physical proof that I was beneficiary at one point.

 

[adjusterjack]

At one point he did have me as beneficiary and I have a copy of will stating so.

Meaningless. It's just a worthless piece of paper now.

He doesn't have any money, just the equity in the home, so suing him doesn't sound like an option.

Why not? On the remote chance that you can win a judgment, the judgment can be recorded and become a lien on his home. Might not get you any money right away but he or his heirs would have trouble selling it with the lien on it.

Don't know if I can challenge new will when he passes since this agreement was verbal

Challenging the new will is going to fail.

 

[zddoodah]

I have helped out my friend for the last 25 years by maintaining his property at no cost in exchange that he would make me beneficiary.

Beneficiary of what? Was this agreement put in writing and signed by the two of you?

Do I have any recourse for all my work I've done the last 25 years

Impossible to say unless you explain what you're supposed to be a beneficiary of. Also, even if you are not a beneficiary, it sounds like any claim you might have can't be breached until after this man dies.

can I put a lien on the property?

Nothing in your post suggests you can.

maintaining his property with only the promise that he would put you in his will defies common sense since such a promise is unenforceable.

I'm curious why you think such a promise would be unenforceable.

 

[Johninneedofhelp]

Beneficiary of what? Was this agreement put in writing and signed by the two of you?
A will was made leaving me as beneficiary

 

[army judge]

He agreed, a will was written making me beneficiary.
I found out recently he changed the will and made someone else beneficiary.

You're trying to turn an ALLEGED "promise" into a legally enforceable "contract".

Yes, it probably sucks for you at the moment.
Yes, you were likely taken advantage of and used.
Yes, he likely worked you harder than a "government mule".

Sorry, a mere "promise" is unenforceable at law.

I wish you well, keep working hard, your day will come.

In the future get it in a WRITTEN contract before you do anything for anyone.

Dionne Warwick sang about your problem, "Promises, Promises":

 

[zddoodah]

Any particular reason why you simply quoted my prior response without actually answering the two questions I asked?

 

[Johninneedofhelp]

Any particular reason why you simply quoted my prior response without actually answering the two questions I asked?

Didn't realize there was another two questions. The man has no remaining family
or children. I was like a brother/son to him. I thought when he did the will I was
good to go. Didn't think he was going to change it later. Yes, it sucks for me.
But it doesn't sounds like there is nothing I can do now.
When I was talking about a lien I was thinking a mechanics lien, but don't think
that would work in my case.

 

[zddoodah]

The questions you haven't directly answered are as follows:

1. Beneficiary of what?
2. Was any of this in writing?

The inferences I reach based on the rest of the thread are that you had an agreement for him to make you a beneficiary in his will and that none of this is writing.

If that's correct, you have a serious problem. As you appear to have described the agreement, he agreed to make you a beneficiary, but that doesn't tell anyone what you were actually to receive. I could choose to designate the lawyer in the office next to me as a beneficiary in my will by leaving her $1.00. Unless you had an agreement for him to leave you a specific dollar amount or percentage of his estate, your agreement would almost certainly be unenforceable for uncertainty.

You told us that, at one point, he had named you in his will, but you didn't provide any detail. It's conceivable that a court might accept that as evidence of your agreement, but one would need to read the superseded will to opine intelligently about that.

It seems to me that your best chance would be a claim for something called quantum meruit, which would be the reasonable value of your services rendered. You'd only get paid for services provided within the limitations period, which would only be a few years before the guy dies. Note that, by saying "best chance," that doesn't mean I think you have a good chance.

Better than that would be a discussion with the guy about the alleged agreement. "Somewhat confused" doesn't mean legally incompetent.

 

[flyingron]

He responded but he screwed up the quoting. The answer was inside the quote box with your question. He said the "beneficary of the will."