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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118237
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My grandmother held a first trust deed on my mothers

Customer Question

My grandmother held a first trust deed on my mothers property. My grandmother gave my mother a verbal agreement that she could remain on the property until the day she (my mom) dies, meaning she would not ever have to move. My grandmother has passed away. My mother was made the executor of my grandmothers trust. When my grandmother passed away my mother inherited the first trust deed.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Nevada
JA: Have you consulted a lawyer yet?
Customer: yes, my mother just lost a law suite regarding the first trust deed because she did not have in writing (only a verbal agreement) that she could remain on the property
JA: What advice did they give you?
Customer: my question is - doesn't the fact that my mother was made the executor put it in writing.
JA: Is there anything else important you think the Lawyer should know?
Customer: my mother just lost her land and the first trust deed to a man who perjured himself, admitted to changing accounting information and has broken several laws including bankruptcy laws over the 16 years of this miserable case, because she didn't have the verbal agreement in writing from my grandmother to say she could stay on the property until she dies.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under the statute of frauds, the law is that unless an agreement regarding real estate is in writing it is not enforceable in court.
If your mother was made executor, then she is entitled to only manage the will and whatever was in the will is all the court can go by, because your grandmother is not alive to testify in court as to what she told your mother. So if the will did not say your mother would have a life estate, just because she was executor would not give her a life estate (right to live in the property until she dies). So absent something in the will granting her rights to live in the property until she died, the court could not enforce any verbal promises made by your grandmother because the law says they cannot.