Contract to cede future inheritance to mom's/aunt's trust

[happyinky]

What is the name of your state (only U.S. law)? Illinois

My Mom and 2 aunts are in dispute with their father over their mother's will sending her assets to a trust for the 3 daughters vs. being inherited by him. In order to settle this with their dad, they had a lawyer draw up a contract to move the assets back to him, but protect themselves from retribution from their father in his will and ensure they inherit everything upon his death. They want me and my cousins to sign a contract agreeing to give any future inheritance over $1000 to my mom/aunt's trust, thus ensuring that they get the full estate, and nothing passes directly to the grandchildren.

While I don't plan on signing, is this actually legal and enforceable?

 

[adjusterjack]

While there is likely nothing illegal, it's probably unenforceable.

Let's face it, once he has all the assets he's free to do what he wants with them, spend them or leave them to his pet cat. Even on the remote chance that the agreement might be enforceable I guarantee that you will pay a lawyer tens of thousands in attorney fees to litigate.

If the "dispute" is not already in litigation (lawsuit in court) I suggest that your Mom and aunts tell their father to pound sand and then take the will to probate as is.

Unless the estate is worth a large amount of money it's unlikely that their father will want to pay tens of thousands to litigate with pretty much of a guarantee of losing.

Your Mom and aunts would be wise to consult a probate attorney or they can just cave in to their father's wishes if they don't have what it takes to stand up to him.

 

[justalayman]

are you asking if it is legal to ignore the directives in a will? no, it isn't.

Of course the father has a right to contest his wife's will and if successful, the laws of intestate succession direct the distribution of her estate. In that case, he would only get 1/2 of her estate with the children getting the rest. In no circumstance would he get all of her assets (given the current will). Why he is being given all of her assets makes no sense.


and then requiring the father to write a will with directives they choose? Even if he did write such a will, what prevents him from writing a new will the following day?

there is a way to do this but what you propose is not it.

They want me and my cousins to sign a contract agreeing to give any future inheritance over $1000 to my mom/aunt's trust, thus ensuring that they get the full estate, and nothing passes directly to the grandchildren.

you have no inheritance. Nothing would pass directly to the grandchildren unless it is due to their parent, a child of the decedent, had preceded their mother in death. Then they would inherit their parent's share.

 

[happyinky]

Thanks for the perspective. Very helpful