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Interesting Question: Contract to include a person in a will

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headnerd

Junior Member
What is the name of your state (only U.S. law)? New York


Here is an interesting question: a couple gets divorces and as part of the divorce settlement, the Husband agrees (in writing) to leave 50% of his estate to his step-son in his will.

Years later, the husband decides to change his mind and changes the 50% to $100. What rights does the step-son have (if any) to enforce the agreement made during the divorce settlement?

Let's assume, for this question, that the divorce settlement was well-written... the question is really "which takes precedence" and "does the step-son have the right to attempt to enforce the divorce agreement between his mother and step-father?".

Thanks for your help!What is the name of your state (only U.S. law)?
 


Dandy Don

Senior Member
Are there other beneficiaries listed in the will besides the stepson?

Is there a specific reason mentioned in the will as to why the stepson is being left only the $100?

Do you have any idea of the estimated value of the estate?

Is the will in the process of being probated now?

With the particular uniqueness of this situation, you really need to be discussing this with a probate attorney to find out if there is similar case law that would be in your favor and also find out if you would have legal grounds to contest the will.

DANDY DON IN OKLAHOMA ([email protected])
 
Last edited:

headnerd

Junior Member
To answer your questions:

Are there other beneficiaries listed in the will besides the stepson?
YES - other family members are listed.

Is there a specific reason mentioned in the will as to why the stepson is being left only the $100?
In order to exclude him financially but to specifically mention him in the will.

Do you have any idea of the estimated value of the estate?
Approximately 1 million US dollars

Is the will in the process of being probated now?
No.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New York


Here is an interesting question: a couple gets divorces and as part of the divorce settlement, the Husband agrees (in writing) to leave 50% of his estate to his step-son in his will.

Years later, the husband decides to change his mind and changes the 50% to $100. What rights does the step-son have (if any) to enforce the agreement made during the divorce settlement?

Let's assume, for this question, that the divorce settlement was well-written... the question is really "which takes precedence" and "does the step-son have the right to attempt to enforce the divorce agreement between his mother and step-father?".

Thanks for your help!What is the name of your state (only U.S. law)?
This one is easy: NONE. The step-son is not a party to the divorce proceedings.
 

seniorjudge

Senior Member
What is the name of your state (only U.S. law)? New York


Here is an interesting question: a couple gets divorces and as part of the divorce settlement, the Husband agrees (in writing) to leave 50% of his estate to his step-son in his will.

Years later, the husband decides to change his mind and changes the 50% to $100. What rights does the step-son have (if any) to enforce the agreement made during the divorce settlement?

Let's assume, for this question, that the divorce settlement was well-written... the question is really "which takes precedence" and "does the step-son have the right to attempt to enforce the divorce agreement between his mother and step-father?".

Thanks for your help!What is the name of your state (only U.S. law)?
You forgot to give us the most important info: Is the provision in the judgment of the lawsuit?
 

Dandy Don

Senior Member
If YOU are the stepson who is trying to protect potential assets from this estate, talk to your mother about renegotiating the settlement if possible, to change/delete the 50% provision to instead having him be required to purchase and pay the premiums on a life insurance policy worth $1 million or whatever amount can be agreed upon OR ask that a trust be set up now that designates certain assets to you THAT ARE NOT LIKELY TO BE EASILY CHANGED BY A WHIM. Perhaps your mother or her attorney did not realize the shakiness/instability of the 50% provision at the time the agreement was made.

Do you know for a fact that the will only leaves you the $100 or are you just guessing hat he might try to do a trick like this later on?

DANDY DON IN OKLAHOMA ([email protected])
 

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