My grandpa always wanted me to have his truck — but when he died, my dad sold it and kept the cash. What are my options?

Let’s say, for example, that Dylan’s grandfather, Joe, made it clear throughout the family that he wanted his truck to go to Dylan when he died. In fact, Joe repeatedly discussed this planned gift in the months leading up to his death, as Dylan had just started a contracting business and the truck could help his company grow.

Unfortunately, while Joe told everyone he wanted Dylan to get the truck, he never wrote anything down. Dylan’s dad, Pete, was Joe’s only child, and Joe’s wife died first. This meant Pete inherited Joe’s entire estate under intestacy laws because Joe had no estate plan in place.

Pete obviously got the truck as part of the estate. And he sold it for cash, leaving Dylan with nothing. Now Dylan is upset with Pete, and he’s wondering whether he has any recourse.

A verbal promise doesn’t control what happens after death

Sadly, experts say that Dylan doesn’t really have any options in this situation.

“The quick answer is, unfortunately, no, you don’t have legal recourse,” Fred Taylor,

CEO and attorney at Bush & Taylor, P.C., told Moneywise. “Even though everyone in the family knew your grandfather wanted to leave his truck to you, if it wasn’t written down in a will or included in a legally binding estate plan, a verbal promise is not legally enforceable.”

Sarah Ocampo, co-founding partner and probate attorney at Ocampo Wiseman Law, agreed and told Moneywise: “Once your grandfather passed away, he is no longer available to confirm his intentions. The distribution of his property will generally be controlled by his estate planning documents or by the applicable intestacy laws. The fact that other family members knew about his wishes does not necessarily make those wishes legally enforceable.”

The law has long been clear that estate planning documents must be in writing to help prevent fraud, because a dead person can’t clarify their intentions. Formal estate planning documents are the only way to make their wishes known.

“This situation is a great example of why estate planning should do more than just name beneficiaries,” Kerri Koen, an estate planning attorney at Modern Legacy Law Group, told Moneywise.