twelvegates
Junior Member
I will try to make this brief. I am trying to help an elderly neighbor who lives in Colorado.
Mrs. Neighbor found out that two of her husband's adult children from a previous marriage had him sign forms that dissolved the joint tenancy on their home and changed ownership to a tenancy in common, leaving his half of the property to all of his children. He also signed an agreement at a bank to change the beneficiary designation on his IRA, replacing his wife and all of their children with the names of his children only.
When she discovered these actions, she was appointed his conservator and guardian. Mr. Neighbor was diagnosed with dementia about 10 years ago.
Mrs. Neighbor then asked the court to overturn the beneficiary changes and the judge ordered the parties to mediation. The parties (Mr. Neighbor's two children and Mrs. Neighbor) signed an initial agreement in principle, and the attorney for the children then prepared a longer mediation contract which has signature blocks for Mrs. Neighbor as well as all of her children and all of Mr. Neighbor's children.
The adult children who were not present at the mediation do not agree with the agreement in principle and will not sign it.
Must the children who were not present at the mediation sign the agreement to make it binding?
Mrs. Neighbor found out that two of her husband's adult children from a previous marriage had him sign forms that dissolved the joint tenancy on their home and changed ownership to a tenancy in common, leaving his half of the property to all of his children. He also signed an agreement at a bank to change the beneficiary designation on his IRA, replacing his wife and all of their children with the names of his children only.
When she discovered these actions, she was appointed his conservator and guardian. Mr. Neighbor was diagnosed with dementia about 10 years ago.
Mrs. Neighbor then asked the court to overturn the beneficiary changes and the judge ordered the parties to mediation. The parties (Mr. Neighbor's two children and Mrs. Neighbor) signed an initial agreement in principle, and the attorney for the children then prepared a longer mediation contract which has signature blocks for Mrs. Neighbor as well as all of her children and all of Mr. Neighbor's children.
The adult children who were not present at the mediation do not agree with the agreement in principle and will not sign it.
Must the children who were not present at the mediation sign the agreement to make it binding?