“Everyone Knew” Doesn’t Hold Up in Court: Why You Need It in Writing

Here’s the hard truth: if it’s not in writing, it doesn’t matter what “everyone knew.” When someone passes away and their wishes aren’t clearly spelled out in a legally binding document, things can unravel fast. It doesn’t matter how many times they said they wanted their niece to have the house, or how often they pointed to a piece of furniture and said, “That’s yours when I go.” If it’s not written down in a will or a trust, it’s not enforceable — and that means problems are almost guaranteed.

Let’s say someone dies without a will. One of their relatives has been living in one of their homes. Everyone seems to agree that this person was supposed to get the property — the rest of the family nods and says that’s what the deceased wanted. But there’s no legal documentation backing it up. So now what? Nothing happens quickly. First, you have to go through probate and get someone appointed to manage the estate. That alone takes time, money, and often a hefty court filing fee based on the value of the property.

While that’s playing out, who’s supposed to pay for the electric bill? The insurance? The taxes? The person living there figures it’s the estate’s job. The estate figures it should be the person living there. And that back-and-forth can get tense fast. The longer it drags on, the more resentments build — especially once the estate has to pay for upkeep on something the other beneficiaries won’t benefit from. And if any of those beneficiaries start to feel like this “gift” is coming at their expense, they may start to change their minds.

Then there’s the question of how the transfer will happen — legally. Who’s going to draft the deed? Who’s paying for recording fees or transfer taxes? Without a plan, everyone assumes someone else will handle it. No one wants to foot the bill for something that was never properly sorted out in the first place. And meanwhile, the relative living in the home is getting more and more frustrated that they’re being treated like a squatter in a place they thought they were promised. They’re being asked to pay for repairs and maintenance on a home they don’t legally own, and it starts to feel a whole lot less like a gift and a whole lot more like a headache.

Worst-case scenario? That same person starts cleaning things out — selling a couch here, giving away some art, moving furniture around. Now the other beneficiaries are upset because assets that belong to the estate are being touched or moved or sold. And without a will that clearly spells out what was supposed to happen, it’s hard to say they’re wrong.

All of this could have been avoided with one simple thing: a clear plan, in writing. Not a verbal promise. Not a family group text. Not a scribbled note on the fridge. A legally valid will or trust that spells it out in black and white. If you want someone to receive something — especially real estate — you need to make it official. It protects them, it protects your other beneficiaries, and it makes the grieving process just a little less messy. Because nothing adds fuel to the fire of loss quite like a legal fight that could’ve been avoided.

Contact me at 402-259-0059 or zach@zandersonlaw.com.