Legal Question in Wills and Trusts in Florida
no will yet...
My husband purchased a large item from a very dear friend of his last year.They made a verbal agreement about the purchase,payments made over time,and no one else knew about the item.His dear friend died recently and no will has been found.The deceased's cousin stated that he left my husband the item in his will.This is heresay ubtil the will is found I am sure.Our questions are 1: with nothing in writing,are we still obligated to make payments to a family mamber,& 2: how do make sure that any payments go to his son & not his ex wife (he is a minor)?
1 Answer from Attorneys
Re: no will yet...
The best thing to do is wait and see whether the item was left to your husband in the will. If it wasn't, it becomes an issue under contract law. Since you had an oral contract (nothing in writing) you will have to prove that a contract was made and that it didn't fall under the statute of fraud, which requires writing. If you can prove that, you will have to perform you side of it, which is pay for the item. The money will go to the estate, which will then be distributed according to the will or according to statutes. Best wishes.
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