Did your mother make various promises to you about what she would do with her property? After the funeral were you shocked to learn that despite a guarantee that she would give you the house it was left to your brother? You may want to read what the Delaware Chancery Court had to say about the matter when a battle of the brothers arose.
More Than One Way to Skin a Cat
- Palm Beach probate litigators know there is more than one way to get something done, so you may not have to win your will contest to be successful.
- What if your mother made an oral promise to share her estate with you; can’t you sue for specific performance?
- Specific performance is when you sue and ask the court to make the defendant follow through on their promise(s).
- Can you sue for specific performance for an oral promise in West Palm Beach?
- Maybe you should compare your case to the facts of this case out of the Delaware Court of Chancery that will likely be set for trial as all the pre-trial motions were denied!
Weber v. Weber: Brother v. Brother
- The Court here is dealing with an action for specific performance of an oral contract rather than a will contest.
- The plaintiff and the defendant are brothers and the two surviving children of the decedent. In the decedent’s last will and testament dated March 19, 2004 she left her entire estate to the eldest of her two sons. Her younger son claims that she promised him the house and half of the estate. Despite a good effort by both parties’ attorneys the case has to go to a full out trial, it could not be settled.
- The son was claiming he is entitled to $163,800 for care and services given to his mother, $85,000 for a promise of decedent to pay for the son’s legal costs (was she clairvoyant how did she know?!) and $280,000 for the promise of the house.
- The case was dismissed because he did not litigate it, this is known as dismissal for lack of prosecution and Palm Beach probate litigators know this is a fatal mistake that can also spell an action for malpractice.
- Now he is suing for specific performance of his mother’s oral contract to share the estate.
- Do you think he will prevail?
Want to learn more check out a free copy of the case by clicking here.