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How do we prove legally without anything in writing. All the family were aware of the agreement and we can prove we kept the payments up for 18 years. The sister is stating that as we are receiving 50% house this should eqaute to cover the payments we made. The verbal agreement was for 100% of the house but we are willing to forgo the other 50% if our payments are repaid to us. We believe my late father in law left us 50% in lieu of any interst we would have made. When you say the agreement takes precedent over the will do you mean that the house should not be included in the Estate and we are still entitled to ask for full payment on the house sale.