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probate claim from oral agreement

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squatlow2000

Guest
I am located in Florida.

Twelve days after my father's death, a woman phoned me and advised that over one year ago she had "free leased" or "placed thru adoption" one horse and two bulls with my father; she used both terminologies. She is incorporated in business as an Adoptahorse Program. She has no signed documents, supposedly all oral agreement.

I explained to her that all cattle/bulls either branded or identified as my father's had been sold; all other cattle/bulls that were mixed in with his herd had been turned back out into the pasture and for her to contact the land owner to see if these animals were still there. I had no knowledge of these animals nor of their whereabouts.

She has filed a claim against my father's estate for $3,000.00 for the two bulls, dropped the claim of the horse as it was located at one of his friends. She also produced a letter to the estate from a woman that claims to be the "leasee" of these two bulls, but this other woman gives indication that she was in partnership with my father ???????

I am going to request that the Judge dismiss her claim as nonviable, unrecoverable under the Statutes of Fraud ...... is this right .....:confused: PLEASE ADVISE
 


I AM ALWAYS LIABLE

Senior Member
My response:

Your post is confusing from a jurisdictional standpoint. You're writing in the Small Claims forum, yet your post says she's "filing a claim against the Estate." Did she file in Small Claims court, or did she file her claim in the Probate court?

In either event, you really need to post this on the Probate forum and when you do so, be clear about in which court she has filed. Also, we'll need to know your father date of death, the date of her claim, and the date, as near as you know, that this lease occurred.

IAAL
 
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