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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
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Does a verbal agreement stand up in court?
In some cases, yes, a verbal agreement can be legally binding and enforceable in court. However, it may be difficult to prove the terms of the agreement without written documentation or witnesses. It is generally advisable to put important agreements in writing to avoid misunderstandings and legal disputes.
Which a court would uphold a contractual obligation?
A court would uphold a contractual obligation if the contract is legally valid (meeting all requirements of a valid contract), clearly outlines the obligations of both parties, and was entered into willingly by both parties without coercion or fraud. Additionally, the terms of the contract must be legal and not against public policy.
Can you sue your parents if they made a verbal agreement to give back property at a specific time?
It is possible to sue your parents if they fail to honor a verbal agreement to return property at a specific time, as verbal agreements can be legally binding. However, the success of the lawsuit will depend on factors such as evidence of the agreement and any communication acknowledging the terms. It's advisable to first attempt to resolve the issue through open communication or mediation before pursuing legal action.
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.
Can you take someone to small claims court on a verbal agreement?
Yes, you can take someone to small claims court based on a verbal agreement. However, it may be more challenging to prove the terms of the agreement without a written contract. It's important to gather any evidence or witnesses that can support your claim.
Is a verbal contract between two or more parties legally binding?
Yes, a verbal contract between two or more parties can be legally binding, but it may be more difficult to enforce compared to a written contract.
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!)
Is a thumbs up gesture considered legally binding in any formal agreements or contracts?
No, a thumbs up gesture is not considered legally binding in any formal agreements or contracts. Written or verbal agreements are typically required for a contract to be legally binding.
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
Do all contracts have to be in writing, or are verbal agreements legally binding?
Verbal agreements can be legally binding, but it is generally recommended to have contracts in writing to avoid misunderstandings and provide clear evidence of the agreement.
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.
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!!!!
