Family Contracts – Giving Up Your Time, Life, and Career to Care for Your Parent(s)

[Music] Family agreements can often be some of the most confusing areas that we deal with is trust well litigators and the reason being is that when families agree to do things for one another they don't tend to document it in writing they don't think of it as a contract in the sense that buying a car as a contract or buying a house as a contract or entering into a contract for a new pool with a pool contractor as a contract there can be enforceable contracts to leave an estate to somebody so if your parent says to you please come live with me quit your job give up your house come live with me take care of me and if you do that in return I will leave you my house or I will leave you everything I have that technically is an enforceable contract it's an agreement just like any other contract the problem is is that most people don't document that type of agreement because they don't feel the need to have to make their parent sign something in writing it just seems awkward it seems out of place it seems strange why would you have your parent do that do you not trust them that would be the implication is somehow you don't trust each other but the problem is is that once the parent dies if one of your siblings or some other family member wants to come in and fight you about what you're supposed to receive they have a pretty good case because you have to prove your contract in order to enforce it and if it's not in writing you have to prove your contract by clear and convincing evidence which is a higher evidentiary standard than you normally have to use in legal lawsuits so trying to enforce an agreement with family members can be very tricky the best way to do it is to document it in writing or at least have something to back it up so if the parent says come take care of me and I'll leave you all of my property then they really should do a new trust or will that says I leave all my property to this child who moved in with me and is taking care of me and that way at least that agreement is backed up by action you're actually named as a beneficiary but if you're not name doesn't a beneficiary and you don't have a written contract you still may be able to enforce your agreement but it's gonna be much much harder than it would be if it was document Albertson and Davidson is here to help you fight for your inheritance check out Alda law calm for our complete library of helpful legal videos and articles from your favorite California trusts and we'll litigation law firm Albertson and Davidson LLP.