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Buying right to inherit

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fizzexman

Junior Member
What is the name of your state (only U.S. law)? CA.
Is it possible to make a contract with one of the living parents to have a specific inclusion in in a will even if this parent dies first?
 


Kiawah

Senior Member
Whatever item that is listed in the will, may not be available for distribution to you. Just because a parent lists in the will that Jane should get 10K of cash, if the debts are higher than assets, or funeral costs and lawyers get paid first using up the remaining cash, there would not be 10K of cash left to distribute. One big medical expense can consume a lot of assets. Assets get sold, to pay off the debts/liabilities.
 

tranquility

Senior Member
You have no heirs until you're dead. Along with Kiawah's thoughts, wills can be changed and a breach of contract suit against an estate would be difficult at best because of certain defenses.
 

latigo

Senior Member
Is it possible to make a contract with one of the living parents to have a specific inclusion in a will even if this parent dies first?
Just curious, but what did you have in mind when you assembled that hodgepodge?

Is someone thinking about making a contract with a parent that is NOT living?

And if this (contracting) parent “dies first”, first before whom? Predeceases the other contracting party or dies before the other parent? And what difference would it make as to who dies first?

Go back to the drawing board and explain what it is that you (or whomever) wishes to accomplish by “a specific inclusion in a will”; the subject matter of the agreement, the obligation to be passed to the testator’s estate and the consideration passing to the testator making the agreement bindining upon his estate.
 

nextwife

Senior Member
You have no heirs until you're dead. Along with Kiawah's thoughts, wills can be changed and a breach of contract suit against an estate would be difficult at best because of certain defenses.
Additionally, one parent cannot dispose of property in their will for which the spouse would become the owner when they die. So, if I own a house, car , or savings account jointly with my spouse, and it is titled a certain way, it passes outside probate.
 

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