In NJ, there is a 6 year statute of limitations on an oral contract. Additionally, if your brother was in another state at the time you both entered into what arguably was "a contract" to share responsibilities for the care of your parents, there will of course be a debate as to which state's law will control (if different) and even the proper jurisdiction for bringing such a suit. All in all, it seems to me like an uphill battle for any recovery by you against your brother, not the least of which will be your difficulty in even finding an attorney who will take your case. Do you really want to throw more money after what was spent for your parents' welfare, and not your brother's? I think this is a fight you should walk away from. Sorry.
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There is also the problem of proving the contract. If the agreement is completely verbal in nature, how does anyone know if there isn't a small but important detail on which you and your brother disagree, thus voiding any meeting of the minds, and voiding any contract?
Depending on the amount in controversy, Mr. Castagliuolo makes a good point: some battles are better won simply by walking away.
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