Thanks. The brother's son takes the property with the same conditions as the brother had...i.e., to re convey the property to mother. The problem is if there is no written agreement to do so. Absent a written agreement and if the brother's son's guardian will not agree, then you have to file suit to enforce the verbal agreement. The lack of a written contract can be overcome by the
concept of promissory estoppel, detrimental reliance, and unjust
enrichment. This situation arises when Person
A relied upon the verbal agreement, Person A performed based on such reliance,
and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by
Person A based upon the mutual promises, ii) Person A relied upon such promises
to perform, iii) Person B's failure to perform would be to Person A's
detriment, and iv) result in Person B
being unjustly enriched, Person A can overcome the legal requirement
that the agreement be in writing.
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