Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
My parents had a verbal agreement with my sister where property was transferred for services of their on going care. Once the property was transferred my sister backed out of this agreement and six months later moved out of the state of Michigan. My parents asked for the property back and she said she would return it and never did. I am of last year their Power of Attorney and they asked me to take care of this wrong that was done to them. This property was their nest egg for their future care. I want to do the right thing by my parents. What are their rights under Michigan law? My sister now lives in MA 01349. I have asked to return the property with no luck. She put a driveway on this property before she left making it appear that she would build a house and that was in 2005 and now our parents are both in their eighties and have ask my wife and I to care for them and we are doing it for little or no pay. Can you help us? Thanks!
State/Country relating to Question: Michigan Already Tried: My parents and I have asked for the property to be returned. She said she would but did not. She now tells other family members that it was a gift and that she gave it back which she did not. This is no small piece of land and like I said its their nest egg for their future care. I don't want to see my parents in a nursing home in the future when they can afford better. They trusted my sister and her retired state trooper husband.
The recourse your parents would have is to file suit against the daughter for breach of contract. The problem here is that your sister is going to try to argue the money was a gift and not in exchange for care and since this was an oral agreement, they will need to prove the agreement by witness testimony or other evidence. However, the agreement can be proven and they can recover the money or property (assuming she still has it) from her. If she wants to claim it was a gift, then you can play that too as part of the lawsuit you would demand that she produce proof she paid the gift tax to the IRS and if not threaten to notify the IRS for tax evasion if she does prove it was a gift.
I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”
Attorney
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law