How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55716
Experience:  29 years of experience practicing law, including tax and estate planning.
Type Your Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

My brother and I were loaned a piece of property by our mother.

This answer was rated:

My brother and I were loaned a piece of property by our mother. My brother passed away without a will and he has a son. I have a family as well. Now that I have paid everything off I would like to return the property back to my mother. What must I do next?

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. When you say "loaned" a piece of property, what does that mean? Was title transferred to you? Was a promissory note signed? Or, was their simply a verbal understanding that at some point you would re-convey the property to your mother? Thanks.

Customer: replied 5 years ago.

The property was signed over to my brother and I. The amount of $10.00 was paid with a lawyer present. The understanding was, we ( my brother and I) would return the property back to our mother once our business got up on its feet.

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.

I hope this
has given you information that has been helpful to you. If the information
seems more general than
specific, please be aware that we are only allowed to
provide information and not specific advice.
If you have a follow-up question, please remember that
there might be a delay between your follow up questions and my answers because
I may be helping others or taking a break.

If you do have any additional questions about my answer
please simply ask a follow up question without rating so I can provide
you with a fully satisfactory answer.
Please be aware that any rating of 1 or 2 is
reflected as a negative rating, reflects negatively on my performance, and I
receive no credit for my answers.

Thanks for allowing me to be of service to you. Please be
aware that the information provided here is not legal advice. Rather it is
simply general information. All states have intricacies in their laws and any
information given is simply information only and specifically is not

intended to be, nor does it constitute, legal
advice. This communication does not establish an attorney-client relationship
with you. I hope this answer has been helpful to you.

Richard and other Estate Law Specialists are ready to help you