Legal Question in Elder Law in California

I am 84 years old, & I have been living in one of my brother's houses for 30+ years, under a verbal agreement with him that I would live there for the rest of my life as long as I paid for property taxes & upkeep of the home, which I have done. He passed away in August of this year, & I have received an eviction notice from his wife, which states that I have a verbal agreement with her (the plaintiff) dated 8/1/14. I have not spoken to her since before my brother died; in fact, neither she nor her attorney will answer or return my calls. Is a verbal life of estate a possible issue here? Thank you


Asked on 11/17/14, 1:05 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

You have a difficult case, because the "statute of frauds" requires that contracts related to real property (including leases of more than one year in duration) must be evidenced by a writing. There are ways around this (detrimental reliance - you may be able to prove that you relied on your brother's promise and changed your position to your detriment in such reliance) but this is by no means a sure thing.

You need to hire an attorney in your community to represent you, especially as your sister-in-law's attorney is taking a hard line against you by not responding to you.

Read more
Answered on 11/17/14, 1:46 pm


Related Questions & Answers

More Elder Law questions and answers in California