What is the name of your state (only U.S. law)? California
My grandmother on my father's side died in the 1980s and my grandfather on the same side died in 2009. They had only two children, my father and his sister. Originally, their will divided everything they had right in half with the intention that one half would go to each child, however, the will was amended once. The amendment to the will left on half of their estate to my aunt. The other half (that was originally intended for my father) was the split in half again. One part was to go to my father and the half was to go to his eldest son, my half-brother.
Throughout his lifetime, my father married four times, fathering seven kids and adopting one.
When my grandfather died in the 2009, my father and his sister agreed to name my father's eldest son as the executor of the will.
In the July of 2011, my father when to Urgent Care complaining of asthma, it turned out he was in heart failure. He was immediately admitted into the hospital. Upon further investigation, it was also discovered that he had stage four Prostate cancer.
During his hospital stay, myself and one of my sisters started clearing out the master bedroom upon my mother's request. My parents insurance allowed for my father to receive a hospital bed and oxygen machine so we need to clear space for both as well as removing their queen-bed. It was while we were sorting through my father's belongings, decided what looked important enough to keep and what could be thrown away that we discovered a small pile of letters from my eldest brother (the executor of our grandparent's will). These letters contained information about our grandparents will and the intended distribution of it. My father had not told anyone, including my mother, about the will. He had already received a check, a part of his inheritance, and put it in a account separate from the one he shared with my mother. Why? We have absolutely no idea. It was a complete surprise. Not knowing what to do, we left things as they were.
In the summer of 2012, my dad had already graduated from palliative care, but he had also stopped responding to cancer treatment, so, at the risk of sounding incredibly insensitive, my mother, father, and I (his caregiver) knew we needed to settle things right away. The last thing my father wanted to do was draw out a will. Even though we all knew it was probably the most important thing, the first thing, he should have done. Writing a will can be a very emotional event and we did not want to push him if he wasn't ready. That's when the subject of his parents' will arose. My father wanted his ashes buried in a special garden in our backyard. We pay rent on a mobile home, so, obviously, burying my father's ashes in the backyard of a temporary home did not make sense. My father and mother decided that my father would ask for his share of his parents' will, and they would buy a permanent home in which he could comfortably live out the last of his days and in which his remains could be settled.
My brother came in June of 2012. Dad expressed his wish to receive his part of the inheritance (what my brother referred to as "cashing out"). Dad explained his reason clearly and concisely. My brother understood what he was told. He expressed, adamantly, that he wanted nothing more that to make sure this happened. He had no doubt that it would take no more that a month to "cut the check." Thus, he and our father entered a verbal agreement with myself and my mother as witnesses.
September 20th, 2012, my father passed away. When I called my eldest brother to notify him of the news, he told me that our father's death would in no way stop him from fulfilling my father's last wishes. He stated that the only reason it had taken longer than he initally expected was because after our June 2012 meeting, he was met with a few personal problems that needed to be taken care of, however things were back on track and in full-swing. A week after my father passed, we held a small get-together, once again, my brother, assured us that my father's death did not change things. He promised my mother that she was still going to receive my dad's inheritance.
In the week of October 29th, my brother called me to update me on the status of our "cash out." He told me that in corresponding with our aunt, she had brought up the point that it was unfair to give my father (and therefore, my mother, after my father died) the whole amount as they had been working together to renovate the house. I reminded him that, because it was our grandparent's will, that really wasn't up to them. As executor, it was (is) his duty to see that the outline of the will be fulfilled. I also reminded him that the renovations had been paid for by the money from the "trust," therefore our father had been indirectly involved in the renovations. I also reminded him that anything they get after the house was sold or rented would go to him and my aunt; I reminded him that all my father had asked for was what was already available. By rights, my father forfeited any future earnings his parents' house would provide. My brother agreed that what I said was correct, after which he informed me that the lawyer he had hired to help manage the will had recommended that my brother have our grandparent's house re-appraised so that he could give us the most accurate pay-out. He said that he would contact and appraiser within the week.
In early January of this year, he called again. This time my brother said that he was now waiting on the appraiser's estimate, but just give us an idea, he gave us an estimated total that he stated was from his own calculations. He also made sure to state that it was give or take some money. Which we completely understood. A couple weeks later, he called to ask if Dad had a will. I told him he didn't. He said that a lack of will may be an issue.
On January 26th, my brother visited to explain that a "major unexpected issue" that had arisen; Dad did not have a written will. He read some e-mails to us sent by the lawyer handling our grandparents' will. Essentially what the lawyer stated was that because my dad had no will, the money he would have received from his parents while he was alive was now to be divided among all of his children and his wife. My brother explained that although he understood he made a verbal agreement with my father before he died, and that although it was solely his fault that the "cash out" was taking so long, he flat out refused to honor the terms of the verbal agreement he made with our father. He then informed us that he would, instead, follow what the lawyer had told him. Remember, he's already technically getting half of Dad's inheritance (as well as whatever comes after the house is sold or rented). He said that the only reason he was refusing to give my mother the full amount was because he was bound by law. He then contradicted himself by stating he would give her more than her legal share. It was then that my mother respectfully informed him that she would be contacting a lawyer.
We are fully aware that in the State of California, oral contracts are legally binding. According to everything I've read on the subject, the verbal agreement that my father and brother made back in September still holds. It was made during the lifetime of both parties, it WOULD have been fulfilled during their lifetimes if my brother hadn't, by his own admission, taken so long. It was my father's express wish, thereby making the agreement an express contract. Also, most importantly, my brother fully attests the fact that he entered such an agreement with my father (whether he knew it would be legally binding at the time or not).
So my questions are:
1. Does my mother have a valid case? I'm pretty sure she does, but the tiny bit of doubt I have is what sent me to this forum in the first place.
2. Can you recommend any way we can settle this out of court?
3. Can you recommend any attorneys in the Antelope Valley/Reseda (that's where my grandparents lived) area that handle these types of cases?
Any and all advice is completely welcome and thank you so much for sticking with me to the end of this post. I hope it wasn't too confusing.
My grandmother on my father's side died in the 1980s and my grandfather on the same side died in 2009. They had only two children, my father and his sister. Originally, their will divided everything they had right in half with the intention that one half would go to each child, however, the will was amended once. The amendment to the will left on half of their estate to my aunt. The other half (that was originally intended for my father) was the split in half again. One part was to go to my father and the half was to go to his eldest son, my half-brother.
Throughout his lifetime, my father married four times, fathering seven kids and adopting one.
When my grandfather died in the 2009, my father and his sister agreed to name my father's eldest son as the executor of the will.
In the July of 2011, my father when to Urgent Care complaining of asthma, it turned out he was in heart failure. He was immediately admitted into the hospital. Upon further investigation, it was also discovered that he had stage four Prostate cancer.
During his hospital stay, myself and one of my sisters started clearing out the master bedroom upon my mother's request. My parents insurance allowed for my father to receive a hospital bed and oxygen machine so we need to clear space for both as well as removing their queen-bed. It was while we were sorting through my father's belongings, decided what looked important enough to keep and what could be thrown away that we discovered a small pile of letters from my eldest brother (the executor of our grandparent's will). These letters contained information about our grandparents will and the intended distribution of it. My father had not told anyone, including my mother, about the will. He had already received a check, a part of his inheritance, and put it in a account separate from the one he shared with my mother. Why? We have absolutely no idea. It was a complete surprise. Not knowing what to do, we left things as they were.
In the summer of 2012, my dad had already graduated from palliative care, but he had also stopped responding to cancer treatment, so, at the risk of sounding incredibly insensitive, my mother, father, and I (his caregiver) knew we needed to settle things right away. The last thing my father wanted to do was draw out a will. Even though we all knew it was probably the most important thing, the first thing, he should have done. Writing a will can be a very emotional event and we did not want to push him if he wasn't ready. That's when the subject of his parents' will arose. My father wanted his ashes buried in a special garden in our backyard. We pay rent on a mobile home, so, obviously, burying my father's ashes in the backyard of a temporary home did not make sense. My father and mother decided that my father would ask for his share of his parents' will, and they would buy a permanent home in which he could comfortably live out the last of his days and in which his remains could be settled.
My brother came in June of 2012. Dad expressed his wish to receive his part of the inheritance (what my brother referred to as "cashing out"). Dad explained his reason clearly and concisely. My brother understood what he was told. He expressed, adamantly, that he wanted nothing more that to make sure this happened. He had no doubt that it would take no more that a month to "cut the check." Thus, he and our father entered a verbal agreement with myself and my mother as witnesses.
September 20th, 2012, my father passed away. When I called my eldest brother to notify him of the news, he told me that our father's death would in no way stop him from fulfilling my father's last wishes. He stated that the only reason it had taken longer than he initally expected was because after our June 2012 meeting, he was met with a few personal problems that needed to be taken care of, however things were back on track and in full-swing. A week after my father passed, we held a small get-together, once again, my brother, assured us that my father's death did not change things. He promised my mother that she was still going to receive my dad's inheritance.
In the week of October 29th, my brother called me to update me on the status of our "cash out." He told me that in corresponding with our aunt, she had brought up the point that it was unfair to give my father (and therefore, my mother, after my father died) the whole amount as they had been working together to renovate the house. I reminded him that, because it was our grandparent's will, that really wasn't up to them. As executor, it was (is) his duty to see that the outline of the will be fulfilled. I also reminded him that the renovations had been paid for by the money from the "trust," therefore our father had been indirectly involved in the renovations. I also reminded him that anything they get after the house was sold or rented would go to him and my aunt; I reminded him that all my father had asked for was what was already available. By rights, my father forfeited any future earnings his parents' house would provide. My brother agreed that what I said was correct, after which he informed me that the lawyer he had hired to help manage the will had recommended that my brother have our grandparent's house re-appraised so that he could give us the most accurate pay-out. He said that he would contact and appraiser within the week.
In early January of this year, he called again. This time my brother said that he was now waiting on the appraiser's estimate, but just give us an idea, he gave us an estimated total that he stated was from his own calculations. He also made sure to state that it was give or take some money. Which we completely understood. A couple weeks later, he called to ask if Dad had a will. I told him he didn't. He said that a lack of will may be an issue.
On January 26th, my brother visited to explain that a "major unexpected issue" that had arisen; Dad did not have a written will. He read some e-mails to us sent by the lawyer handling our grandparents' will. Essentially what the lawyer stated was that because my dad had no will, the money he would have received from his parents while he was alive was now to be divided among all of his children and his wife. My brother explained that although he understood he made a verbal agreement with my father before he died, and that although it was solely his fault that the "cash out" was taking so long, he flat out refused to honor the terms of the verbal agreement he made with our father. He then informed us that he would, instead, follow what the lawyer had told him. Remember, he's already technically getting half of Dad's inheritance (as well as whatever comes after the house is sold or rented). He said that the only reason he was refusing to give my mother the full amount was because he was bound by law. He then contradicted himself by stating he would give her more than her legal share. It was then that my mother respectfully informed him that she would be contacting a lawyer.
We are fully aware that in the State of California, oral contracts are legally binding. According to everything I've read on the subject, the verbal agreement that my father and brother made back in September still holds. It was made during the lifetime of both parties, it WOULD have been fulfilled during their lifetimes if my brother hadn't, by his own admission, taken so long. It was my father's express wish, thereby making the agreement an express contract. Also, most importantly, my brother fully attests the fact that he entered such an agreement with my father (whether he knew it would be legally binding at the time or not).
So my questions are:
1. Does my mother have a valid case? I'm pretty sure she does, but the tiny bit of doubt I have is what sent me to this forum in the first place.
2. Can you recommend any way we can settle this out of court?
3. Can you recommend any attorneys in the Antelope Valley/Reseda (that's where my grandparents lived) area that handle these types of cases?
Any and all advice is completely welcome and thank you so much for sticking with me to the end of this post. I hope it wasn't too confusing.