Legal Question in Insurance Law in Kentucky

house bought shortly before mom died

My dad died in June 2006 and shortly before my mom's death in Sept. 06, she bought a house for $ 25,000 for my brother. She wanted to give me the same amount in cash, but became ill and went to the hospital before she could take care of this. Now the house is my brother's with his and her name on it. The lawyer says I get half by KY law, but my mom wanted me to have the full amount. Isn't her verbal wish shortly before death binding?


Asked on 12/09/07, 7:14 am

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: house bought shortly before mom died

No, I am afraid not. A will has to be written. Otherwise, it is just a one-sided promise and not enforceable.

Now, if it was a contract such as "You do this for me and I'll give you x when I die." Then you have a viable argument to make in court. Proving it would be the problem.

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Answered on 12/12/07, 1:18 pm


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