Thomas Silverman, who was elderly and partially disabled, lived alone on a 25 ac

Question

Thomas Silverman, who was elderly and partially disabled, lived alone on a 25 acre farm. Mr. Silverman called the son of a friend, Jonathan Smith and said "If you move in with me and take care of the farm and me, it will be yours when I die." Mr. Smith did as Mr. Silverman requested and on Mr. Silverman's death two years later, Mr. Smith claimed the farm. Mr. Silverman died without a will and did not re-title the farm in Mr. Smith's name before he died. Mr. Silverman's next of kin who are handling his estate are contesting Mr. Smith's claim to the farm. Is Mr. Smith entitled to the farm? Explain your reasoning. What additional facts might you want to know in making your decision?

Explanation / Answer

This scenario is quite common scenario where the person has died without making a will. Mr. Smith is not entitled to the farm here because the promise that Thomas Silverman made was a mere verbal promise and nothing was documented formally and legally and he also dies without a will, therefore when a person dies without a will the property is transferred to the person's next of kin. Mr. Smith would have got the property if Thomas Silverman would have created a will stating Mr. Smith as the owner after his death.

Related Questions

Navigate

• Browse (All)
• Browse T
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.