Legal Question in Legal Ethics in California
Verbal promise
Approximately 10 years ago my husband was beneficiary to his mothers life insurance for 28,000. He generously said he would give each grandchild $5,000 when they turned 18. There are 7.He has paid all 5 with 2 remaining. With the times being what they are, he has paid $2500, and still owes $2500 to one, and the other won't turn 18 until 5 years. The family are threatening us with letters to sue and to turn us in to the IRS. My husband will pay and is attempting to get the remaining funds together, but we are barely making it as it is. Can they sue us and harrass him, even though we are trying to pay. This was a verbal commitment, nothing in formal writing?
1 Answer from Attorneys
Re: Verbal promise
You could find lawyers answering to both sides of this.
An oral promise (contract) is as binding as a written one, but harder to prove.
It might be wise to retain an attorney, as you should not be getting threats. I certainly would worry about the IRS unless the family knows something negative that the IRS would be interested in.
I think one letter from an attorney to all involved might end your nightmare.
Please feel free to e-mail my office, if you need more.
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