Legal Question in Wills and Trusts in California
In 1985 my parents asked what I wanted when they died. We agreed that I would be left our family home. My dad passed in 1988. My mother was left everything. until now she has said house and everything in it was mine. She has given furniture she agreed to let me leave in house away. I think she is now planning to sell the house. Is there anything I can do to insure that I get what I was promised? She has a will that she refuses to show anyone and changes it everytime the wind changes. She constantly tells me not to contest will or I will get nothing. I've no intention of contesting but I feel she intends to give all that was agreed to as mine to my cousin. We have never got along and it seems she is going to use a will as a way to punish me for her disappointments and unhappiness. I believe she intends to control from her grave as much as possible. Is there anything I can do to prevent her from selling house and giving away my property that she said I could leave at house? Please any advise or suggestions?
2 Answers from Attorneys
Try getting along with her better.
Ms. Cusack is correct. A promise to leave everything to you is not usually a legally enforceable promise. Usually there has to be a written contract signed by your parents, or your mother as she's the survivor, and she would be crazy to do that. Alternatively, you could alleged that you relied on their promise to your own detriment and that you actually did something different as a result of the promise. This is a legal concept called estoppel, and it's hard to prove.
Unfortunately, your mother appears to be one of those persons who use their estate plans as behavioral modification tools, but there's not much you can do about it.
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