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If you had a verbal agreement made by your mother and father to get your share of a house when it was sold, and your brother twin brother took all the money when your father died, and I did nothing because I am a sick I mean take anti depressants, tranquilizers, and had shock treatments and I did not think my sibling would take all the money because my father died and he was getting a divorce so he took all the money meanwhile I am living day to day and he is still working, complicated.

Submitted: 10 months ago.Category: Legal
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10/6/2017
Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,883
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Legally, the law called the "statute of frauds" says that any agreement involving real estate must be in writing to be enforceable in courts of law. So, if you had nothing but a verbal agreement with your parents to give you a share of the proceeds when they sell the house and if your name was not on the deed to the property, legally that type of oral agreement would not be enforceable in court.

The law would forbid you from even entering evidence of the oral agreement pursuant to the parol evidence rule of the statute of frauds, because the evidence of the right to proceeds is based on whose names were on the deed or any written contracts. If your parents chose not to give you any of the proceeds in a will or in some written agreement then you would need to pursue your share of your father's estate in probate court.

If your father died and left this money, your mother would have a share if she was live still and you and your brother would share the proceeds (absent a will to the contrary) left over. IF your brother did not share that part of your father's estate and there was no will allowing him to do what he did, then you must get a probate attorney and pursue your share through filing in probate court.

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