Monthly Archives: July 2019

Is An Oral Contract for a Will or Gift Valid in Probate Law?

Oftentimes in inheritance proceedings, potential beneficiaries claim that oral contracts were made with the decedent for the distribution of the estate. In California law, oral contracts can be considered valid, but there are many caveats. In this video, California probate attorney Charles Triay explains how an oral contract could be considered valid in probate law. Video Transcription: Is the oral promise to make a gift or to make a will? This is an enforceable legal theory in California. Very difficult cases to prove. First of all, the legislature tried to get rid of these cases several times saying if you don’t have something in writing signed, you don’t have a case. And the judges said, well, wait a minute, if I promise you that if you work on the farm for no wages for 20 years, I’ll leave the farm to you, and you do work on the farm for…
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