Legal Question in Wills and Trusts in Texas
Empty promises on my dad's estate
Over the past 5 years, my dad has told me many times that when I was ready, let him know and he would deed my inherited property over to me. I have several documented instances when I've told him I was ready, but I keep getting excuses.
He's recently been diagnosed with terminal cancer and has decided to leave everything to my stepmother.
Are any of his promises verbal contracts? Mental anquish? It just doesn't seem fair, especially since my grandparents deeded it to him and his heirs????? Do I have any grounds for at least a partition deed?
1 Answer from Attorneys
Re: Empty promises on my dad's estate
A verbal promise for real property is not enforceable.
You don't have a suit for mental anguish because someone broke a promise. Mental anguish comes about from terrible or outrageous acts, on the order of watching a motor vehicle squash one of your children before your eyes; that's mental anguish.
As to what you may have inherited from your grandparents, you'd actually have to look at the probate documents leaving the property to your father to see if any portion was left to any of his heirs at law. If their will didn't specifically leave a portion to your father's heirs, then you have no claim whatsoever.
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