Legal Question in Wills and Trusts in Florida

does a verbal commitment passes on to the inheritors after a person dies


Asked on 9/21/10, 5:02 pm

2 Answers from Attorneys

No. However, this is something called "Gift Causa Mortis" which could apply. Simply explained, it is that a person that is dieing may tell another that if I die from what I have, you get something specific. Then the person must die from the specific issue they have, i.e., cancer.

The problem is proof, and I have not seen a successful case of it yet.

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Answered on 9/26/10, 5:11 pm
Terrence Thorgaard Thorgaard Law Firm

Mr. Kaplan's discussion of gifts causa mortis is not exactly accurate. At least in most places, it doesn't have to be in contemplation of a specific cause of death.

But back to the main question: a verbal committment to leave something to another person, made by someone who later dies is generally not enforceable against that person's estate.

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Answered on 9/26/10, 5:45 pm


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