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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112719
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Psul, Ok, I understand. even though we had a verbal agreement

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Psul,
Ok, I understand. even though we had a verbal agreement does that count? Are verbal agreements binding or since the will is how it is stated, I should not even waste my time? I am not contesting the will or the trust. I am under the impression that the will and trust take precedence correct? My question is ... should I or should I not file a claim This is the first time in my life I have been so broke. I used all my savings.
Thank you for your new question.

I am afraid that a verbal agreement cannot be enforced in a probate matter. It is the fact he is not available to testify that he made an agreement with you is the problem. His sister really cannot testify to the agreement, but as the executor she does have discretion to pay a claim to you. I think you should file the claim given her comments and you need to play on her sympathy knowing her brother wanted to care for you and never got to do so.



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Customer: replied 3 years ago.

Paul,

What do you mean by" given her comments"... What did I miss in the interpretation of her words? "I think you should file the claim given her comments and you need to play on her sympathy knowing her brother wanted to care for you and never got to do so."


 

Thank you for your response. I apologize for the delay I have been or of the country without Internet service.

I mean that given his sister told you that she knew he wanted to change is will to provide for you and she felt bad he never got to do so, you should play on that to get her to agree to give you something from the will as she does not legally have to do so. That is what I meant by playing on her comments
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