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My uncle had me to draw up Durable Power of Attorney papers fo Financial and Health in July 2013. I told him he needed a will. He stated that he did not need one. He told me "everything in yours , including what is left in my bank accounts, when I leave here. You can do whatever you want to with it. The only thing I want is my burial like it is planned out and to take care of my final finacial business". The only thing he owns is a car (paid for) and has a savings account and a checking account, along with household goods. There were a couple of witnesses to the fact. My father now wants to file papers in Probate because my uncle (his brother) left me in charge with no specifics to where or who he wanted to have what, except me. My uncle was not married, no children, and both parents preceded him in death. Please advise me on Probate law and is his verbal will legally binding?
Bridgette
Wiki User
∙ 10y ago
Wiki User
∙ 8y agoIt depends on the subject matter.
Illinois is a state that has the Statute of Frauds, which means that there are certain things for which a written contract is necessary, such as for anything involving real estate or for a loan where repayment is longer than one year. However, there are numerous verbal contracts that can be binding, such as agreements to sell items for less than $500 for consideration or simple quid-pro-quo arrangements.
Please see an attorney to clarify if your particular set of facts under a verbal contract is enforceable or not. WikiAnswers is not an attorney and no attorney-client privilege results from the information on this website.
Wiki User
∙ 15y agoWhat legal wieght does a verbal contract carry, specifically in regards to an offer to sell an item?
Wiki User
∙ 14y agoIf you have unrelated witnesses when the contract reached the, 'meeting of the minds'
between the parties involved.
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For small claims verbal contract how can I win in court if I have no written agreement or witnesses?
In order for you to win in small claims court, you need to be able to convince the judge that its more likely than not that you had a verbal contract and the other party didn't fulfill their end of it.
Is a printed signature legal?
Of course a hand-written, printed signature is legal. If a person's signature, regardless of form, is the one consistently used to "sign" documents, it is the legal recognition of that person.
How can contractor claim cost of termination in construction?
It depends on if the construction to be performed was by written contract or by verbal agreement. Written contract can be disputed in a court of law(small claims most likely), provided that you have reciepts to show for your losses, or some estimated log book of hours with proof of what was finished of the job. Verbal agreement: start by hiring an attorney, or representing yourself and getting familiar with the legal system and send an invoice to the customer. Once he doesn't pay, take it to the police......it will most likely end up in small claims court.
Can somebody be sued over verbal fight?
If the 'Verbal Fight' occurs in PUBLIC, and the verbiage is deemed to be SLANDER, then yes it is possible to sue. Otherwise, no.
Which group formed the anti defamation league to defend itself against verbal attacks and false statements?
The group that formed the anti defamation league to defend itself against verbal attacks and false statements were the Jewish Americans.
In the state of Arizona a verbal agreement IS legally binding?
No, a contract must be in writing. (You can lie all you want to!)
What is legally binding in a employment contract?
Yes, a verbal agreement is legally binding. However it can be difficult to enforce because there is no fixed record of the terms, only the word, and memories, of the parties to the agreement.
In UK is a contract binding if verbal?
verbal contracts are hard to prove, unless it is recorded
Can failing to fulfill a verbal condition to a written contract render it null and void?
You cannot verbally modify a written contract. Lawfully a binding legal contract can only be changed using the same medium as the original agreement. (i.e. Verbal contracts can be changed by other verbal agreements). It's not a legally enforceable and binding contractual term if it's not in writing.
How can you prove a verbal breach of contract?
Simple answer: There is no such thing. Contracts MUST be written and signed by bothparties to be legally binding. There is an old saying, "A verbal contract is as good as the paper it is written on."
Is a verbal rental agreement binding in Virginia?
What you are creating is more of a "Gentleman's Agreement" than a contract. It is not legally binding but depending on the conditions, if both parties trust one another, it could work for a simple room agreement.
Is a verbal agreement legally binding in Florida?
No. Not Florida, but maybe Texas. A verbal agreement, like a wedding vow would be binding. To "unwind" the verbal agreement will probably require a divorce lawyer.
In Kentucky is a verbal agreement legally binding?
A properly written contract, signed by both parties, is tangible evidence of an agreement that is indisputably "legally binding".Generally, the problem with verbal agreements is that there is no evidence they exist. There is only a "he said, and he said" situation. In order to bind the other party to a verbal agreement, the moving party would need to bring an action in a court of equity and provide the judge with enough outside evidence that there was a verbal contract between the parties and the other party has breached it. Without compelling outside evidence such as witnesses, the judge cannot find that any contract existed between the parties.
Is a ( Verbal ) contract legal in the state of Indiana?
What legal wieght does a verbal contract carry, specifically in regards to an offer to sell an item?
Is verbal contract consider as a formal contract?
Yes, you can be sued legally for any verbal contract over $600, so don't joke around!!!!
What is a binding contract?
It is a verbal or written agreement between 2 consenting adults.
What is a legally binding contract?
The real deal is that a verbal contract already islegally binding. Assuming that both parties later on tell the truth about what was said.I suppose if you wanted to add a more solidly "legally binding" aspect to it, you'd have that verbal contract witnessed by some impeccably impartial third party. Unrelated to either party by blood, marriage, friendship or financial ties, and of a profession known for integrity, such as a priest or judge.But frankly, for all the trouble that would be, one might just as well type the agreement, and both sign in front of a notary public, with each walking away with an original.
