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Showing posts from November, 2018

Oral Agreements to Divide a Decedent's Property Violate the Statute of Frauds

The 8th Circuit Court of Appeals recently rendered an unpublished opinion, Kiddie v. Copeland, Case No. 17-2814, involving the statute of frauds, and its application to an agreement to divided a deceased grandfather's property.  First, what is the statute of frauds anyway and why should you care?

The statute of frauds is a common law rule that has been codified in most states, and requires that certain contracts must be in writing to be enforceable.  Among those contracts affected, are:

(1) contracts to answer for the debt of another (Ark. Code Ann. 4-59-101);
(2) agreements to be made in consideration of marriage (Ark. Code Ann. 4-59-101);
(3) agreements that are not to be performed within one year from the date of the agreement (Ark. Code Ann. 4-59-101);
(4) agreements for the sale, lease, or transfer of land (Ark. Code Ann. 4-59-101--102);
(5) contracts for the sale of goods over $500.00 (Ark. Code Ann. 4-2-201; and
(6) contracts to make a will or devise, entered into after Jun…