Oral Agreement for a Life Tenancy After Quit Claim

[dawgboy]

Greetings!

Neighbor's (Brother below) Parents made an oral Agreement for Life Tenancy in home they had lived in 40 plus years, and Quit Claimed (1992) to Daughter and Husband with oral agreement by Brother to no estate remainder. Daughter and Husband had moved into the house 6 (1986) years prior to agreement. Parents have lived in house without rent 15 years since agreement and Quit Claim through present (2007).

Mother now in state of dementia, Daughter has filed a Restraining Order against Father for purported violence forcing him from domicile; Mother in nursing home; Father forced to move out of life home to Son's home (Brother above).

A Revocable Trust (1992) created w/ Sister as Trustee, as well as Wills and POAs for each parent to the other. Existing Durable and Health POAs (1992) held by Father for Mother and vice versa. Daughter HAD held POA (2002) as alternate upon incapacity of either Parent, but Amending POAs (2002) have been Resigned (2007), leaving Father back in original state of holding POA (1992) for Mother. Original POA (1992) required express revocation or termination which POA (2002) did not do, it only added alternates in event of incapacity and essentially restated original POA (1992) intent of Parents POA for each other. With Resignation of (2002) POA by Father it appears he now reverts to the only POA holder for Mother per the (1992) POA.

Daughter appears to be attempting to cut Father off from ORAL tenancy agtreement. Father wishes to be with Wife, but becasue of the TRO, nursing home will not allow. Obvious perfection of agreement by time - 15 years tenancy with no rent, etc.

Additionally, Father had personal property (valuable precious metal bars/coin) in and around the home, as well in a personal safe, which SonInLaw recommended being stored in a new larger safe. Apparently Father agreed, SIL bought new large safe and stored all valuable personal property (estimated value $750k) in safe, with SIL being ONLY holder of safe combination. Father now has NO acess to personal property, life tenancy in previous domicile, and it appeears SIL attempting to convert Fathers Personal Property. Father has few receipts or records to prove ownership of property other than anecdotal evidence of multiple people. SIL has been noticed flying around country to seminars and personal travel. SIL in state of disabilty and does not work, thus how doshe afford said travel/seminars unless converting Fathers personal property?

Trust lawyer appears to be in collusion w/ Trustee and Husband sensing fat fees for running Father and Brother around the may pole as they attempt to make sense of this entire mess.

So - to the potential course of action(s):
1) new lawyer for representation
2) new trustee - doable because holding Mothers POA (1992)
3) lifting of TRO for reunification of Parents at Nursing Home
4) demand for restoration of personal property
5) possible prosecution of SIL for conversion - Grand Theft
6) possible prosecution of Trustee for Breach of Duty - frustration of purpose


Suggestions?
Opinions of Fathers Rights as presented??
Thank you for your time.
Comments on this mess, please.

[moburkes]

Neighbor's (Brother below) Parents made an oral Agreement for Life Tenancy in home they had lived in 40 plus years, and Quit Claimed (1992) to Daughter and Husband with oral agreement by Brother to no estate remainder.

Real estate contracts must be written. Well, not month-to-month tenancies.

[jk]

Neighbor's (Brother below) Parents made an oral Agreement for Life Tenancy in home they had lived in 40 plus years

almost guaranteed not an enforcable one. Not only is this a real estate transaction, the contract cannot be fulfilled within 1 year so under most all states, it would fall under the statutes of frauds and be required to be written.

Obvious perfection of agreement by time - 15 years tenancy with no rent, etc.

that's called a kid being nice and allowing the parent to live in the home until some later time without paying rent. I guess that time had come. Now, how do you prove otherwise?

So - to the potential course of action(s):

1) new lawyer for representation

absolutely. If you do not have trust in the one you have, get a new one. At least seek another opinion from an uninvolved attorney even if you do not engage them as the regular attorney.

2) new trustee - doable because holding Mothers POA (1992)

if you believe the trustee is acting against the intent of the trust, of course

3) lifting of TRO for reunification of Parents at Nursing Home

couldn;t find where the TRO came from so can't say

4) demand for restoration of personal property

you have to ask?

5) possible prosecution of SIL for conversion - Grand Theft

if you believe it to be true, of course

[dawgboy]

Thank you for your replies. Family members appear to have come to their senses, as well as the 'trust' lawyer, and all appears to be on track for resolution of this mess with restraining order lifted, Elder Father reuniting with Wife, Daughter removed from Trusteeship and working on restoration of Elder Father's personal property. Father is cutting errant Daughter out of will, Son In Law likely will not get prosecuted and things appear to be calming down appropriately.

dawgboy out