advice needed

[pbde]

What is the name of your state (only U.S. law)? Delaware
Hi, not sure if this is the correct place to post, I apologize in advance.

In 2006, my mother inlaw ( now deceased) purchased a single family home with her sister and her husband. The cost of the house was $235,000. Each of them was supposed to put 1/3 into the house which would have been $78,333.33 each. At the time of purchaseing this house her sister and husband did not have all thier money because they were waiting for their house to sell. SO my mother inlaw put $90,000 towards the purchase of the house so that her sister and husband did't not have to take a large mortage out. There was an agreement that when one of them passed away they would not sell until the last person was left. There was also a verbal agreement and an email stating that my mother inlaw would be entiled to her $90,000 or the 1/3 of the house. Also she was paying $500 a month towards the bills, which was way more than she was supposed to, plus they split any home improvment costs. The house has sold and settlement is next month, the selling price is $225,000 and my wife (who is the executor of the will) was told by her mothers sister that my wife and her siblings will split $60,000. There was no mention of 1/3 or the $90,000. So my question is, are they entitled to the $90,000? They don't care about more, hey just want what was put into the house upfront.

Thank you in advance

 

[tranquility]

There was also a verbal agreement and an email stating that my mother inlaw would be entiled to her $90,000 or the 1/3 of the house.

Let's start with Delaware code Section 2714: NECESSITY OF WRITING FOR CONTRACTS; DEFINITION OF WRITING; EVIDENCE:

(a) No action shall be brought to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, or to charge any person to answer for the debt, default, or miscarriage, of another, in any sum of the value of $25 and upwards, unless the contract is reduced to writing, or some memorandum, or notes thereof, are signed by the party to be charged therewith, or some other person thereunto by the party lawfully authorized in writing; except for goods, wares and merchandise, sold and delivered, money loaned and other matters which are properly chargeable in an account, in which case the oath or affirmation of the plaintiff, together with a record regularly and fairly kept, shall be allowed to be given in evidence in order to charge the defendant with the sums therein contained.

So, to the question:

So my question is, are they entitled to the $90,000?

I'd say no.

But, depending on all the facts, there could be other theories than contract where the full amount is had. For $30K, see a real estate attorney for an hour to advise.