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AK lawyer · Feb 25, 2010, 05:37 AM

Originally Posted by LisaB4657

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As for the validity of the uncle's claim for transfer of title, that was a verbal agreement. Won't the uncle face a Statute of Frauds problem?

That was my first thought. I looked into it.

In Illinois (I believe is Agmor's state), partial performance takes the agreement out of the Statute of Frauds. Presumably paying the property tax constitutes partial performance.

Hmm. I thought I saw IL in this thread somewhere yesterday. Anyway that's the rule in many places.

agmor · Feb 25, 2010, 06:10 AM

Thank you everyone for the information. At this point, I will consult an attorney and trust that the Judge will rule in our favor. I pray that my father's wishes be honored. My father had no intention of leaving or giving the property his brother. We had many conversations about that. I just wish he would have taken my advise and made out a will. I know the truth and I know that the Judge will rule with the evidence. Thanks again everyone.

AGM

LisaB4657 · Feb 25, 2010, 06:13 AM

Well, Agmor, you have two attorneys just in this thread who disagree about the outcome based on the information you've provided here. If you want to keep this property then I strongly recommend that you retain an attorney. Good luck!

ebaines · Feb 25, 2010, 06:40 AM

Agmor:

1. What state did your father live in? And is it the same state where this property is located?
2. What relatives did your father leave behind? Besides you, are there other children and/or grandchildren? Other uncles/aunts besides the one who is living on the property? This is important since your father died without a will, and so his property passes by state law to his heirs as determined using rules set by the state.

Also - is there a reason why you (and the other heirs) didn't have the property deed transferred to your name(s), instad of leaving your father's name on it?