Consumer Law, Warranties Verbal agreements in Texas

[Reboant]

I live in Texas and for the past 10 months I have been renting a bedroom from an elderly gentleman 89 years of age and we had become very close. I took care of him by driving him to the store and and doing small maintenance jobs around the house. The last 4 months he was unable to walk, see or very well so I took it upon myself to to cook for him, lift him out of either bed or his chair when he needed to go to the bathroom etc,etc.
About 6 months ago I took him to a car lot where he purchased a used van and even did the negotiating for him.
This gentleman passed away 4 days ago. Even though it wasn't in the will he did tell several people (5 that have come forward so far) that the van was to go to me after his passing. The executor of the estate (who is not related to the deceased) thinks otherwise. All 5 witnesses are willing to do what it takes to see that I get the vehicle.

My question is, is the above verbal agreement legal binding in the state of Texas? If so what action(s) would you recommend?

Thank you in advance.

 

[dee_dub]

I would recommend you talk to a local estates attorney. But I doubt that we he said has any legal effect.

What he said MIGHT constitute an oral will. I think that is incredibly unlikely. If it's a will, it would revoke any previous will. So what he previously had set up for distributing his property would be null and void.

It could concievably be intended as a codicil, modifying his existing will. However, codicils almost universally have to be executed in the same way as the original will. Assuming his original will is written, what he said orally is ineffective to modify it.

 

[Reboant]

Sorry for not replying sooner but have been busy trying to find a place.


The name of the gentleman that passed away is Paul. For months he had been saying, and I quote " When I die the van goes to you for all you've done". He also told this to several others. I've contacted 5 so far that will be willing to testify on my behalf.

Wouldn't this pass as a business transaction? Three companies have me listed as Paul's home care provider. One is a home health care company, a home hospice provider and the third a hospice care facility. Each have me listed as care provider.
I also performed other duties such as landscaping and various repairs to and around the house just to name a few.

Also, I do have the title of the van in my possession.

So all in all this really doesn't have anything to do with the will because the van is actually payment for my services right?

Thank you