father (95) contracts son to manage farm until he dies..but now wants to sell

[workcomp]

What is the name of your state (only U.S. law)? Idaho

 

[workcomp]

want to stop sell of farm

I had a verbal contract with my father to run the ranch until his death in exchange for ownership in the event he died....he is 95 now and wants to sell to someone else. I do have a copy of the will that names me as the beneficiary, and evidence to prove i was managing farm for 3years. I would like to get an injunction to stop the sell

 

[Ohiogal]

I had a verbal contract with my father to run the ranch until his death in exchange for ownership in the event he died....he is 95 now and wants to sell to someone else. I do have a copy of the will that names me as the beneficiary, and evidence to prove i was managing farm for 3years. I would like to get an injunction to stop the sell

You have no claim to the property. Verbal contracts for real property are worth the paper they are printed on. Your father is allowed to sell HIS property. If you want it, buy it.

 

[workcomp]

the will states in writing that the ranch would go to me but doesn't mention the contract as such

 

[Ohiogal]

the will states in writing that the ranch would go to me but doesn't mention the contract as such

No. A will matters not. It doesn't come into play UNTIL the individual dies. For you to have a guarantee of the property transferring to you, you would have needed a written contract. Google statute of frauds. YOU have NO CLAIM to anything in the will until after your father dies. Of course, if you contribute to his death, you can suffer repercussions for that and get nothing.

 

[FlyingRon]

Further the WILL means nothing if he doesn't own the asset when he dies. He's free to sell it before he dies and that directive in the will becomes meaningless.

 

[LdiJ]

I agree with the others.

However, since you have given no background regarding your father's reasons for wanting to sell, I will add that of course, since your father IS 95, it does behoove us to mention that if your father is not competent to make decisions of that nature, and is being improperly influenced by someone else, that could be a reason to try to stop the sale.

If your father is of sound mind, then that is not relevant.

 

[workcomp]

the will states in writing that the ranch would go to me but doesn't mention the contract as such

 

[Zigner]

the will states in writing that the ranch would go to me but doesn't mention the contract as such

The will means NOTHING at this point. You come across as the guy who just can't WAIT for his dad to pass.

 

[Ohiogal]

the will states in writing that the ranch would go to me but doesn't mention the contract as such

Until your father DIES, the will matters not. And if he doesn't own the property mentioned in the will, you have no claim to it. Repeating that doesn't make it a contract nor make the ranch yours.

 

[latigo]

I had a verbal contract with my father to run the ranch until his death in exchange for ownership in the event he died....he is 95 now and wants to sell to someone else. I do have a copy of the will that names me as the beneficiary, and evidence to prove i was managing farm for 3years. I would like to get an injunction to stop the sell

Don't jump to conclude that you are prevented from attempting to have the oral agreement enforced just because someone tells you that you can't.

It is true that Idaho as well as the other states have adopted what are known as a "Statute of Frauds" that on their face require that in order to be sustained any agreement designed to create an interest in real property for a longer period than one (1) year needs to be in writing signed by the party sought to be charged. (Here Idaho Code Section9-105(4))

But those statutes have been held not to apply to defeat a claim where there is sufficient other evidence independent of a writing establishing the existence of the verbal agreement. And partial performance of the agreement often stands as compelling evidence of its existence.

The reasoning is that since the very purpose of these statutes is to prevent fraudulent claims when there is other evidence to dispute the claim as being fraudulent there purpose is superfluous.

HOWEVER, there could be a more serious difficulty here. This may not be a question of the statute of frauds at all, but rather one of probate law. Orally promising to deed you the land is one thing. Orally promising to will it to you is quite another as the laws of probate/wills never permit property to pass by an oral agreement, partial performance and parol evidence notwithstanding!

And the fact that you were to manage the ranch until your father's death. Plus, the mentioned terms of his will - although meaningless until upon his death - suggest the latter. That is, it is inconsistent with a promise to deed you the land.

What you need to do is to seek the advice of an experienced and successful real property and probate lawyer.

 

[workcomp]

Thanks for your replies.
I would like to say that my father is competent. I believe that the signed will would satisfy the needs for a written statement . Promissory estoPPel dePends on three factors. that a promise was given, that's a promise C acted on that promise, and this is the only equitable solution would be to honor the promise.
See

 

[Zigner]

How do you intend to fulfill your part of the contract (managing the farm until he dies) after it's sold? If you don't manage the farm until he dies, then you don't get the farm. Your dad may be sharper than you think.

 

[workcomp]

See Faxton v Faxon wherein land was promised apon death and promisee acted on said promise, promisor tried to sell land, court found in favor of person given the promise.
For you here on freeadvice..rather than judge my motives, for which you have no idea, please keep to the legal issue at hand, that being breach ofcontract and prommisory esstoppel

 

[Zigner]

See Faxton v Faxon wherein land was promised apon death and promisee acted on said promise, promisor tried to sell land, court found in favor of person given the promise.
For you here on freeadvice..rather than judge my motives, for which you have no idea, please keep to the legal issue at hand, that being breach ofcontract and prommisory esstoppel

When you figure out why that case doesn't apply to you, let us know.