How do I know if I am entitled to enforce that promise someone made to pay me, after they die? 3 Situations to Avoid at All Costs.

All to often I am asked about a gratuitous promise to pay that someone wants toenforce after a testator dies. A gratuitous promise is one to give or do something for no consideration or for free. So if your rich aunt from Boca promises to pay your 200,000 dollars in student loans then dies are you entitled to anything? Here is a quick reference guide to help you figure out your entitlement. 

• In 2013 a California Court dealt with a similar issue in Allen v. Stoddard when a man died intestate and his boyfriend sought part of the estate.
• The decedent’s boyfriend brought action against the administrator of decedent’s estate to enforce boyfriend’s alleged promise to make distribution from estate.
• The Court in California has a one year statute of limitations that limits the time the boyfriend had to make the claim.
• The boyfriend ultimately lost out because he failed to make his claim within one year.

This story is more common that anyone may realize. Especially in Florida where we have a lot of older relatives who in old age may not remember all the promises they have made. One year may sound like plenty of time to get an action going but consider the following:

1. Often probate does not begin until after the funeral and the grieving process is fresh people are usually not in a race to the court house so to say;
2. Often notices do not go to the people who were actually promised, for example the neighborhood gardener who was always so kind to grandma may have been promised a hefty inheritance, its unlikely though (if its not in the will) that any probate courts would think to send them a notice;
3. Sometimes these promises are based on a contingency that simply has not occurred yet. For example your rich uncle in West Palm Beach promises to pay for college after you graduate high school but unfortunately he passes away before that date. What happens on graduation day?

Any experienced Palm Beach Probate Attorney will tell you, these situations are not crystal clear and the best thing to do is avoid them altogether. Get your promises in writing.

Sometimes its not that simple though and you are stuck in the position of the boyfriend in the case discussed above, the short answer is again its just best to avoid it if possible and here the boyfriend could have avoided it. I see this all to often with long term non-married couples, and it’s never a cheap issue to resolve.