This is with reference to your request for an opinion as to whether Pearl S. P~ (hereinafter
                  "P~"), a Supplemental Security Income (SSI) claimant, has a valid oral life estate
                  in real property at which she resides. P~ lives in the home that she sold to her son,
                  Delbert P~, on October 25, 1994 with the understanding that she would retain a life
                  estate in the residence. P~ informed social security representatives that she had
                  a life estate in the property and that she paid her utility bills and expenses. Her
                  son, however, farmed the property and paid the taxes. Delbert P~ signed a letter witnessed
                  by two persons dated January 17, 1997 stating that it was his intent that the claimant
                  have a life estate in the property and be allowed to live rent free until the time
                  of her death.
               
               Indiana law requires that an agreement for the sale of real property be in writing
                  in order for an action to be brought to enforce the agreement. Ind. Code Ann. ยง 32-2-1-1
                  (1979). This is known as the "statute of frauds" requirement. However, it is well-established
                  that "oral contracts for the conveyance of real estate are not void, but voidable.
                  Summerlot v. Summerlot, 408 N.E. 2d 820, 828 (Ind. App. 1980). Furthermore, it "is well-settled . . . that
                  only parties and privies have the right to plead the statute of frauds defense." Pioneer Lumber & Supply Co. v. First-Merchants National
                     Bank, 349 N.E.2d 219, 223 (Ind. App. 1976). Thus, under Indiana law, the agreement between
                  P~ and her son granting P~ a life estate in her former home is not void, but only
                  voidable. Moreover, it is only voidable by her son, or his privies in contract. Thus,
                  it would appear that P~ presently has a valid oral life estate in the property.
               
               However, in considering the enforceability of the oral agreement against the party
                  granting the life estate, it should be noted that an oral contract for the sale of
                  land may be removed from the operation of the statute of frauds by the doctrine of
                  part performance. Summerlot
                     v . Summerlot, supra. Circumstances generally held sufficient to invoke the doctrine of part performance
                  are some combination of the following: 1) payment, 2) possession, and 3) lasting and
                  valuable improvements on the land. Luson v. Mitchell, 939 F.2d 493, 497 (7th Cir. 1991); Summerlot, 408 N.E. at 828-29; Dubois v. Blessinger, 274 N.E. 2d 279 (Ind. App. 1971). In the present case, the information submitted
                  to our office does not indicate whether or not P~ made any lasting or valuable improvements
                  to the land. It is clear, however, that she has satisfied the element of possession.
                  Although her son farms the property, pays the taxes, and does not require rental payments
                  from P~, she allegedly pays all of her own expenses and utilities. Additional evidence
                  of payment, such as paying for repairs and paying insurance, would provide P~ with
                  stronger evidence of ownership. However, plaintiff's payment of utilities and expenses
                  may be sufficient, along with her possession of the property, to allow an Indiana
                  court to find sufficient performance on her part to remove the oral agreement from
                  the statute of frauds, despite the lack of evidence on improvement.
               
               Therefore, it is not entirely clear from the evidence submitted whether P~ has, in
                  fact, rendered part performance in order to activate the exception to the statute
                  of frauds which would result in an enforceable life estate in the home in which she
                  resides. It does appear, however, that claimant has a present valid life estate interest
                  in her home, subject only to the possibility that her son or his privies at some future
                  time may successfully argue that the life estate is unenforceable. The foregoing should
                  be sufficient to allow recognition of the claimant's life estate for purposes of determining
                  entitlement to SSI benefits.