Legal Question in Wills and Trusts in California
validity of oral agreement and rights to my father's land
my dad passed away July of 2001. Before that, my father had an oral agreement with one of my aunt to sell his share of the land (4 person co-owned the land) for $1000 to be paid to me. But my dad passed away before any transaction has been done. My mother, married to my father, who legally co-owned the land together with my 3 aunts(father siblings) as said in the land title, does not agree to the oral agreement that my father had with my aunt. Since the land title is under her name with my other 3 aunts, my aunts are forcing her to sign papers waiving her right to the land, harassing her and threatening her and me for a lawsuit. My mom will only sell for the fair market value. What is the validity of oral agreement made by my dad to his sister before he died? Can they force my mom to sign the papers? What are my legal rights and my mom and siblings to the other lands my father co-owned with his sisters since they also deny us those lands. The land is in the Philippines but we all live in California, USA.
2 Answers from Attorneys
Re: validity of oral agreement and rights to my father's land
In CA oral agreements to transfer land are not enforceable due to the statute of frauds. However, the land being in the Philipines, it would seem that Philipino law will probably control the issue.
Your mom should not be "forced" to do anything.
Re: validity of oral agreement and rights to my father's land
Mr. Roth is correct. You need to check how the land was held. If all four were joint tenants, then on your father's death the land would automatically pass to his three sisters and not go to your mother. If you father was a tenant in common, then his portion of the property would pass as he directed in a trust or will. It is possible to terminate a joint tenancy if it can be shown that a person no longer wants to be a joint tenant. Your father's oral agreement with his sister is not enforceable, but may be sufficient to end his being a joint tenant. But since the property is not i the USA, a California court would probably apply the law of the country in which the property is. If your father's Will has already been probated, I am not sure you have a cause of action that could get you into a California court. Your aunts can not force your mother to do anything, but if she has no legal rights to the property and interfers with their usage or title, they can sue here for that.
For any of us to give you any other information we would need to have the above questions answered.
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