Family problems

[Everett]

In 1997, two years after my dad passed away, my mom decided to sell two lake lots that were in my mom and dads name to my brother for $5,000. Which included two lots and one camper and one trailer/camper. She was on Medicare and needed to get them out of her name so she put it into his name. They made a verbal agreement that he was to pay her $100. a month until it was paid off. As of now he still owes her $5,000. and has the trailer/camper rented out! This makes the rest of the family very upset. I think he is a jerk for treating his mom this way. Please tell me, if there's any type of legal way she can either get the property back or sue him for the $5,000? She is more than ready to sue.

Thanks,
Everett

 

[Michael Wechsler]

In most instances the problem with verbal contracts is proving them. However, she probably can sue for breach of contract and damages. This might not be an easy case but I'd do it if it were me! The general rule is to always use written contracts when you can... sometimes it seems unnecessary and awkward but this is a great example of how it will make everything so much cleaner later on in life...

 

[Everett]

Lake lot

What if my mom was to write out a contract and attach it to her will that said he didn't have to pay anything now but the balance of $5,000 would be deducted from his 25% of what ever her assets sell for at the time of her death. That would save the relationship of the mother/son type. Hopefully???

 

[Michael Wechsler]

Your mother can do something along that nature and it would work if her estate would pay out at least $5,000 per beneficiary. She should probably include interest and any other amount she feels it is worth given the pain and aggravation caused to other family members. Best is to say either 25% of distribution that would have gone to him or no less than $XXX, whichever is greater, and should be deducted from the proceeds he would have received under the original will and shall be distributed to the other beneficiaries.

It is her right to state that he should receive a lesser distribution of whatever amount she feels necessary to teach her ungrateful son a lesson in a more gentle manner. The "contract" is a codicil to her will and it needs to be done properly in order to be effective. Local laws vary but she will need at least 2 witnesses (should not be people who are interested parties such as yourself). It's probably worth hiring an attorney for this small matter to be done properly.

That's a very good suggestion to save the mother-son relationship... although in time perhaps he will learn that he hasn't gotten away with it either.