Legal Question in Wills and Trusts in Michigan
Can a verbal agreement hold up in court with three eyewitnesses present when the person agreed to give a home to a family member? I have a notarized document with two witnesses signature stating that they were present when the agreement was set in place and the other heard it from the person who agreed to give the property away as a gift. I would like to know if I take this to probate court, will it hold up?
1 Answer from Attorneys
In general, in order to transfer real property, the agreement must be in writing. The only exception to this is when there is part performance of an oral agreement whereby the recipient has expended a great deal of time, energy and effort modifying and/or improving the property based upon the oral promise. You have no given me any facts to indicate part performance so I would say that it is highly doubtful that you will win. Furthermore, the evidence is classic hearsay and would likely be inadmissible. William S. Stern
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