Legal Question in Civil Litigation in Pennsylvania
quantum meruit
I lived with my mother for three years and was told by her that I would receive her home upon her death. The remaining money from her estate would be divided between my brother and myself. Because of this promise I put in a new furnace w/ air conditioning, remodeled her kitchen, sanded and refinished her wood floors, built walls in her driveway etc. We got into an argument and I left her home. She changed the locks on her home and notified me that I was no longer in her will (I will not be receiving her home) Can I sue her for monies and expenses I put into her home based on the fact that I thought I was to receive her home upon her passing and have now upgraded the value of her home.
2 Answers from Attorneys
Re: quantum meruit
There is no valid contract here, because a contract to leave real property, such as a house, in a will must be in writing, and you have not mentioned any writing. Thus, there is no breach of contract claim. However, there is a possible unjust enrichment(quantum meruit) claim. Among other things, you would have to prove exactly what you spent, and that you did these things based on her promise to you. You should consult with an attorney to verify that you actually have a case.
Re: quantum meruit
My colleague gets it sort of right. There are a number of legal principles at play here.
In short, your mother can't be forced to keep you in her will. But she also can't benefit from the improvements you made based on the promise that you would be inheriting the home.
The answer to your question is yes, and you can also likely capture the value of the time expended also.
You will need to prosecute this matter before your mother's death and should retain an attorney immediately to prevent any time bars on your claims.
Regards,
Roger
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