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Emails Legally Binding

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skitz

Junior Member
What is the name of your state? California

My father passed away and left his entire estate to my sibling. The only way I knew how to contact my sibling was via email. I immediately began a series of emails with my sibling who agreed I had been treated unfairly. We reached an agreement that he would have the probate attorney send me a check (100k) drawn directly from the estate and that he would then make 15 annual payments of 20k to me out of his own money. The agreement was set into motion when I received the check from the attorney. We never clarified any specific dates regarding the payments. We continued our email communication and after a year went by I mentioned our agreement and he then made 3 deposits into my bank for a total of 3.5k. I haven't heard from him since and he does not respond to my emails. I have always heard that emails containing "handshake" agreements can be considered legally binding contracts. Is that true?
 


Taxing Matters

Overtaxed Member
I have always heard that emails containing "handshake" agreements can be considered legally binding contracts. Is that true?
Most contracts don't have to be in writing to be enforceable. If the contract must be in writing then the basic rule is that the writing must be signed by the party against whom enforcement is sought, and most e-mails lack a digital signature to meet that requirement. However, if this were a contract it is not among the sort that the law requires be in writing and the e-mails could be used as evidence to support what the deal was.

So the problem here is not whether the promise was made in writing. It's that, going just by what you said here, the promise was to make a gift to you and promises to make gifts are not contracts. Moreover, in general, promises to make gifts are not enforceable. I suggest you see a local attorney, show him/her the e-mails and see if you have any legal claim to pursue for the money. Just from what you wrote I'm not seeing any good legal claim here, but perhaps a review of the e-mails would change that.
 

zddoodah

Active Member
My father passed away and left his entire estate to my sibling. The only way I knew how to contact my sibling was via email. I immediately began a series of emails with my sibling who agreed I had been treated unfairly. We reached an agreement that he would have the probate attorney send me a check (100k) drawn directly from the estate and that he would then make 15 annual payments of 20k to me out of his own money.
This doesn't really matter for purposes of the question asked, but when did your father die, when was this agreement made, and when were each of the payments made?


I haven't heard from him since and he does not respond to my emails.
Haven't heard from him since when?


I have always heard that emails containing "handshake" agreements can be considered legally binding contracts. Is that true?
Agreements -- regardless of the medium in which they are made -- can be enforceable if they contain all of the elements of a contract. What you described was not an enforceable contract. It was merely an agreement by your brother to give you some money because he felt that you were "treated unfairly" (by your father, I assume). Such an agreement is not an enforceable contract because it is not supported by something called consideration. Consideration is the giving or agreeing to give something of value in exchange for the other party's promise (consideration may also be the refraining from or agreement to refrain from doing something that you have the legal right to do). For example, when I buy a car, I agree to pay money and the dealer agrees to give me a car. Another example is that your uncle might agree to pay you $1,000 if you refrain from smoking for a year. In your case (according to your post), you gave nothing in exchange for your brother's agreement to pay you money.

Of course, there might be facts you didn't share with us that might change this conclusion, so I agree that it wouldn't be a terrible idea for you to take the emails to a lawyer for review and advice.
 

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