Legal Question in Wills and Trusts in New York

An oral agreement

Hi,

Just need to know if there were any way that an oral agreement can be contested in a court?

My brother- in- law had agreed with my husband that he (BIL)being the executor of their parents will that he (husbsnd)would have the first say on the house of their parents after they are gone. I was a witness to that agreement twice. It ended up that he was never notified at all and the younger brother (there are 3) got the house. It was a conspiracy with those two. Now my husband is very hurt and is not speaking to them. If they should accidently meet it's tense. No visits, etc. Was there anything we could have done? It's probably way too late as it's been years since their parents died. I just can't stop thinking about it. BTW my husband was in a bad accident on the job shortly after that fallout and was hospitalized, he's lucky to be alive. I think he didn't have his mind on the job as he was hurting. I had it out with this other brother and he never denied or said anything at all, so I believe I was right all along. Just can't understand why they did what they did.


Asked on 12/26/06, 10:27 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: An oral agreement

ORAL AGREEMENTS, ESPECIALLY INVOLVING REAL ESTATE ARE MORAL, NOT LEGAL. THE WILL MUST HAVE STATED WHAT WOULD HAPPEN TO THE HOUSE. IF THE WILL WAS SILENT, THE EXECUTOR HAD AN OBLIGATION TO OBTAIN THE BEST PRICE, BY SALE TO A CHILD OR A THIRD PARTY, BUT COULD NOT ARBITRARILY DECIDE WHO COULD GET THE HOUSE, WITHOUT COMPENSATING THE REMAINING HEIRS, AT FULL MARKET VALUE. YOUR QUESTION DOES NOT SET FORTH ANY FACTS ABOUT THE WILL, THE SIZE OF THE ESTATE AND/OR THE DISPOSITION OF THE ESTATE ASSETS. MAYBE IT WAS HANDLED POORLY, BUT CORRECTLY, AND MAYBE NOT. MORE INFORMATION IS NEEDED. YOU MAY HAVE A CLAIM AGAINST THE EXECUTOR IF HE ACTED IMPROPERLY, BUT IT IS POSSIBLE THAT TOO MUCH TIME HAS PASSED TO ASSERT YOUR CLAIM. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. OMITTED TO MISSING FACTS MIGHT CHANGE THE RESPONSE.

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Answered on 12/27/06, 9:51 am


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