(Warning: Typos Intact, Not Legal Advice)

Can I sue my father & his wife for failure to uphold an oral agreement?

My father promised to provide for my medical expense should I become ill from either a genetic disorder he has or unrelated all together. Specifically, he was to set up an interest-bearing annuity in my name to mature at age 60. I am not 60 — yet. Or he was to add me as a beneficiary to one of his life insurance policies. His wife asked me “how much $$ would it take for you to disappear from our lives & not contest my dad’s will when he dies — $50k? What’s your number?” He’s done neither, nor has his wife, but I want to now take her offer! Is this contract law? Is this probate law since he’s created a trust?

Answer: Human beings make all sorts of agreements, understandings, and offers in various emotional states—whether they are happy, angry, or hopeful. Not all of these communications should lead to legal action in the courtroom. In many “he said, she said” situations, it’s impossible to determine which side is correct. The courts would have no time to adjudicate disputes where one party views a conversation as an argument and the other views it as a binding contract.

That’s why we have the Statute of Frauds. This law requires that certain contracts and agreements must be in writing to be enforceable. Generally speaking, the Statute of Frauds mandates that any contract concerning an interest in land must be in writing. Additionally, any agreement involving more than $500 must be written down. Contracts that cannot be completed within one year also need to be in writing.

These are some of the basic provisions of the Statute of Frauds. If you plan to take legal action, having a written and signed agreement is crucial.

In the case at hand, while we don’t know the exact timeline, it’s reasonable to assume that the situation with your dad and stepmother occurred more than a year ago. And, of course, $50,000 is significantly more than $500.

It’s extremely unlikely that any court would view this as an enforceable contract unless it was documented in writing and signed by the party to be charged. Therefore, I would recommend focusing on personal gestures to improve your relationship. Consider getting your dad a box of cigars or a nice gift for Father’s Day. Remember his birthday with a card and celebrate Christmas together. Rebuilding your relationship and showing that you care may be more effective than pursuing legal action.

Follow this (admittedly non-legal) advice, and perhaps things will improve.