Legal binding contract and a promise

Question

My son had been told since birth by his dad that if he died he would get his house, his dad passed on June 30 and now it has went to a lawyer and my sons oldest half sister is the admin for the estate, all of my ex-hubby's family knew what his wishes were, But my son is only 9 now and he wants to move into his house, but they say we can't because of the other heirs involved, but his dad promised him that home and all of his family knew that. So is that a binding contract? What can I do? I know my son is broken hearted over this. Please help me to help my son.

Answer 1

does your son's father have a will..?What does it say. Did he will him the house.

Sadly unless he stated it in his will then there really is very little that you can.  

Answer 2

Unfortunately if your son's dad had wanted him to have the house he should have put it in writing as in a will.  Since his half sister is the administratrix  of the estate that means there was no will and all your son's father's property will be divided equally between all his heirs.  Your son will be entitled to his share of the property and that must be put in a guardianship trust so when he turns of age (21 in my state) he can claim what is his.  The other heirs will not be able to sell the home or take out any loans unless all heirs are in agreement.  So your son is protected in that matter.  I would also request that you be kept informed so you know whats going on in the administration. The attorney may or may not talk to you.  I would make an appointment today.  

Answer 3

While verbal agreements can be legally binding contracts, their existence can be difficult to prove.  Further, a minor cannot enter into a legally binding contract, therefore an enforceable contract cannot exist.  Sherry's answer sums up the rest.

Answer 4

As far as you know Dad could have made that same promise to many people. Besides, a nine year old kid can't move into a house without an adult anyhow.  Whatever is in Dad's will is going to dictate who gets what, and I am sure Dad knew this when he wrote and signed the will.