Legal Question in Wills and Trusts in Georgia
verbal agreement on property
My mother borrowed money from a friend to purchase property. We had the agreement that the property would go into mine and her names. I would pay the loan back. We found out right after she had cancer. Her husband would not let her put my name on the deed, so she put just hers. Then a couple of months later he made her put his name on it. I have been living in the house since it was bought. She wanted to make out another will, but he would not let her do this either. Mother passed away in Jan, 2002. Her will let everything to spouse. Now he will not let me have property. I have been taking care of the woman who we borroed money from in lien of payment. Is there anything I can do about this? Now he wants me to sign a rental agreement for him. He says he does not intend to pay the woman back because there is nothing in writing, but on the check made out to my mother it says for new farm. How should I handle this?
2 Answers from Attorneys
Re: verbal agreement on property
Did you in fact make payments on the oral loan agreement?
Re: verbal agreement on property
I think you may be out of luck unless you can prove (by a writing or part performance) the following agreement: "We had the agreement that the property would go into mine and her names. I would pay the loan back." You lose on the rest of the fact pattern. HCW
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