I lived with a family friend for the last two years of his life. Took care of him from going to doctors to bathing. Before he died he had his estranged brother come be power of attorney over his medical decisions. He made a will leaving me his house. His brother told me he didn't write it in the will but he was going to do what my friend wanted. Well its 8 months later and he's trying to sell the house do I have any leg to stand on?
Hopefully you have something in writing that tells the intent. Whether it is a 2 year old text to your mom saying your friend is leaving you the house or him doing something similar. Just anything that is valid and verifiable.
Good luck, I hope this works out exactly like your friend desired it.
However, proving that a verbal contract existed in a court of law can be tricky.
First, certain elements must exist such as an offer being made and then the offer accepted. Necessary, as well is being able prove that the verbal contract was made - any witnesses or supporting emails
or texts?
Unfortunately for you - a promise made by your friend may not be considered a verbal contract by definition but instead a gift, of sorts. Definitely a kind gesture but less enforceable in court than a verbal contract. Still - it wouldn’t hurt to consult an attorney to find out just what constitutes a verbal contract in your state of residence.
Once upon a time - a promise and a handshake was good enough. Sadly, those days are long gone. Long, long gone. And when it comes to money and inheritances - this almost always seems to bring out the greedy worst in people.
Dont expect your friends brother to wake up and do the right thing. Make an appointment with an attorney.
Edit: I should have specified that exploring the Verbal Contract route might be a way to go in the absence of a written will documenting the bequeath.
Like said, you need to find out if will has been filed. If you find you are a beneficiary, then I would call the realtor and halt the sale.
Come back and tell us how it turns out good or bad.
If it's been through probate, you can look it up on your state's website. Search "probated wills in [your location]" and see if you can find the information you need that way.
If the will says you get the house, you get the house.
If it doesn't say that or anything else about you, you don't have a claim.
If there is a will but it is a mysterious new will dated suspiciously close to the time of your friend's death, there could be grounds to challenge its validity. But that would probably be expensive, and unless you are certain that an earlier will did include a legacy to you it won't get you very far.
Verbal promises have no legal weight at all.
Are you still in touch with the brother?