he is 89 years old and refuses to make a will what will happen the day he dies can i still inherit the house? he says he has a lot of time to make the will but he is in poor health and i am stuck taking care of him but he will not give me the protection of having a will made.
Estate Planning Attorney
Unless your uncle has no other heirs on his death, without a will you cannot inherit his house. If he does not make a will, the house and all other assets go to his legal heirs. You cannot "convince" him to make a will leaving the house to you as they may be considered undue influence. What you may want to do is suggest a couple of attorneys for him to call. He would need to make the appointment and go there without you so there are no questions of inpropriety, but if he understands his wishes will not be carried out without a will, and he gets comfortable with an attorney, perhaps he will make a will.
I agree with Attorney James. You are at serious risk, here, of losing out on what you have agreed to. Your uncle should take care of this, right away, given the risk to you.
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Estate Planning Attorney
Sorry-verbal promises are not valid.
The uncle will have to make a will or trust
unless you are the only heir.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
There is a potential argument under promisory estoppel if you starting taking care of him for the rest of his life on the promise he would leave you his home. This is a very difficult argument to prove and oral promises would not be enough. You are in a real quandry. One thing you should make clear is you are not doing this gratuitously and expect to be compensated for your time and services now or when he dies . At least then you would be able to make some claim against his estate if you have relatives with higher priority or equal priority as you under intestacy.
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