What can we do about a discrepancy between a verbal agreement and the wording in a will?


My husband’s mother asked us to move to her property to take care of it after she remarried when her husband died. She would then give the house and five acres to us in her will. She gave money to her oldest son and said she would take an equal amount off what the youngest son owed on a loan. Their mom has passed away. The will states the house and acres go to my husband. However it does not say this is separate from the rest of the estate. His older brother has passed away. Now his other brother says the house goes back into the pot and that he never received anything. Everyone,including this brother was aware of the verbal agreement.


You need to submit the Will for probate and follow the terms of the Will as it is written. You have no authority to change the terms. If the younger brother wishes to challenge the Will, he will need to do so through the probate process. If there is already contention, you should hire an attorney for the probate process.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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