Reference no: EM131851548

Lisa Serrato appeals an order denying her claim against the Estate of Donald L. Lovekamp. Appellant's claim was for $60,000.00. Lisa and Donald (the decedent) were previously married, but had been divorced for eighteen years. The divorce decree awarded all real property to the decedent as his sole and separate property.

Several months after the divorce, Lisa and Donald began residing together again. She alleged that they entered into an oral agreement that he would pay her $60,000.00.

There was no mention in the decree of any agreement to give Lisa $60,000.00. In a deposition she clarified that the agreement was not entered into at the time of the divorce in 1975, but rather in July, 1981. They did not own any property jointly at the time of the "agreement".

One evening decedent had been feeling ill and, according to Appellant, talked about selling his house and 80 acre ranch. He said he would sell for $120,000.00. Donald then gave Lisa a check for $60,000.00 and told her it was for coming back and staying with him after they divorced.

Donald told Lisa that she could cash the check if he sold the property or if something happened to him. The check was dated July 29, 1981. When decedent died in September, 1999, the check, of course, was too old to cash. Lisa asserted this claim against Donald's estate for payment of the money.

Is the ex-wife entitled to the money from the ex-husband's estate? Why? Why not?