Can a Verbal Agreement on Personal Property Hold Up in Probate?
Understanding Intestacy and Personal Property Distribution
When someone passes away without leaving a valid will (known as dying “intestate”), state law determines how their assets, including personal property, are distributed. Intestacy laws vary by state, but generally, the deceased’s spouse and children inherit their estate.
Personal property refers to items of value that aren’t real estate, such as furniture, clothing, jewelry, artwork, vehicles, and bank accounts. Distributing personal property can sometimes be complex, especially if there are disputes among heirs or if the deceased made informal verbal agreements about how their belongings should be divided.
Verbal Agreements and Probate
While it’s always best to have a written will that clearly outlines your wishes, verbal agreements regarding personal property can sometimes be considered in probate court. However, proving these agreements can be challenging.
Here are some key factors that courts may consider:
- Clear and Unambiguous Language: The verbal agreement must be clearly stated and leave no room for interpretation.
- Witnesses: The presence of witnesses who heard the deceased make the agreement can significantly strengthen your case.
- Written Documentation: Any supporting documentation, such as emails, letters, or notes that reference the verbal agreement, will be helpful evidence.
Steps to Take if a Verbal Agreement Exists
- Gather Evidence: Collect any information that supports the verbal agreement, including witness statements and written correspondence.
- Consult with an Attorney: Probate law can be complex. Seek legal counsel from an experienced estate attorney who can guide you through the process and assess the strength of your case.
- File a Petition in Probate Court: Your attorney will help you file the necessary paperwork to present your case to the court.
- Attend Hearings and Present Evidence: Be prepared to testify and present your evidence during probate hearings.
Importance of Estate Planning
While verbal agreements can sometimes be honored, it’s always best to have a formal will in place to clearly express your wishes for the distribution of your assets, including personal property. A well-drafted will can help prevent disputes and ensure that your loved ones are cared for according to your intentions.