If an aunt who recently passed verbally gave me her car, will this stand up in court?
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If an aunt who recently passed verbally gave me her car, will this stand up in court?
Asked on September 19, 2013 under Estate Planning, California
Answers:
Anne Brady / Law Office of Anne Brady
Answered 11 years ago | Contributor
No, verbal promises to give someone something are not enforceable. In order to have a verbal contract that is enforceable, there has to be what is called consideration. You would have had to have promised to give the aunt something in exchange for the car, something of value. For example, if you promised to use the car to drive her around running errands, then the promise would be enforceable. As it is, there is no consideration and therefore the promise is not enforceable whether or not the aunt is alive or dead.
Anne Brady / Law Office of Anne Brady
Answered 11 years ago | Contributor
No, verbal promises to give someone something are not enforceable. In order to have a verbal contract that is enforceable, there has to be what is called consideration. You would have had to have promised to give the aunt something in exchange for the car, something of value. For example, if you promised to use the car to drive her around running errands, then the promise would be enforceable. As it is, there is no consideration and therefore the promise is not enforceable whether or not the aunt is alive or dead.
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