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Can a verbal agreement between two individuals be enforced in a court of law when there are no witnesses or paperwork?

Idaho Falls, ID |

My brother and I had a verbal agreement over a loan of $10,000. My brother has passed away over the last year and now his son is attmepting to collect the amount as owed to the estate, although the agreement with my brother was that the debt would no longer required to be paid if either of us passed away. I now have received a letter from the son's lawyer saying that the verbal agreement is binding and that I have to pay the full amount.

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Attorney answers 1


In general, oral agreements are enforceable. There are exceptions, however. It depends on the specific terms of the agreement. In your case, it sounds like having an oral agreement that is enforceable is a good thing if, in fact, the agreement with your brother was that the debt would be obsolved on your borther's death. Contact an attorney familiar with Idaho contract law. They will be able to assist you in assessing your options. Do not delay as the passage of time will negatively affect your rights. I wish you the best.

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