Estate question

[Durendas]

Hi, so I have a somewhat complicated question and I hope this is the right place to ask it.

My grandfather passed away in February of this year and left a quarter of his estate to my mother, totalling 750000. My mother disclaimed this in order to allow the money to pass on to my brother, who was next in line.

My father, who my grandfather had written out of the will entirely is currently trying to dispute the will in order to have an older version of the will used in which he receives half of my grandfathers entire estate. Historically, my father had been extremely abusive of his children and wife and had been living off of large amounts of money from my grandfather for many years before my grandfather finally told him he would no longer support him. By that time he had already gifted him a large house and about 90 acres of land, on top of having paid all his taxes, bills, for food etc. I could go on about my father if need be, but it probably is irrelevant to my question. Suffice it to say he is extremely manipulative and selfish.

Anyway, my brother, hoping to bring about some sort of peaceful resolution drafted a statement of intent to split his portion 4 ways between himself, myself, my father, and my sister. He met my father's lawyer in person and gave him a signed copy of this letter.

My sister, who is the only person in the family currently in direct contact with my father has told us that my father scoffed at my brother's offer. However she believes that since it contains his signature that my brother will be legally bound to abide by this and that the lawyer representing my father could use it against him. She says that the lawyer said it stengthens their case.

Asking on my brother's behalf, my question is this:
Can the letter my brother wrote be legally binding, if my father has not signed it and has verbally stated that he doesn't intend to? As far as I know my brother still intends to abide by it anyway.

Thanks, it's a complicated and unfortunate situation so I hope I explained it well enough.

 

[Dandy Don]

You have not mentioned what state is applicable.

The letter can NOT be legally binding if father has not signed it, because an agreement requires two parties to sign.

You say father was "written out" of the newer will. What do you mean by that--does the father's name appear nowhere in the will, or is there specific language in the will that says father has been disinherited and does it give a reason why he has been disinherited?

Your father is going to lose his legal challenge, because your grandfather was smart enough to write a newer will that effectively takes priority and cancels all previous wills.

Just be patient--it may take a little longer, but this estate will be divided exactly how your grandfather wanted it.

 

[Durendas]

Thank you so much for your response. We are in New York State.

In the newer will my father is mentioned only to say he is to get nothing out of the estate.

Since the agreement would involve my brother, as well as my father, me and my sister, would ALL of use have to sign it in order for it to be valid?

 

[Taxing Matters]

You have not mentioned what state is applicable.

The letter can NOT be legally binding if father has not signed it, because an agreement requires two parties to sign.

I disagree in part. The father might still accept the offer (assuming the offer is still open) and could do so by means other than by signing that particular letter. However, I agree that until the father accepts the offer the brother is not obligated to follow through with it and he could rescind the offer prior to the father accepting it, which would then preclude the father from accepting and forming a contract.

 

[Durendas]

I disagree in part. The father might still accept the offer (assuming the offer is still open) and could do so by means other than by signing that particular letter. However, I agree that until the father accepts the offer the brother is not obligated to follow through with it and he could rescind the offer prior to the father accepting it, which would then preclude the father from accepting and forming a contract.

Would it be advisable for him to write a signed follow-up letter to rescind his initial offer? Should he give this to my father's lawyer?

 

[Taxing Matters]

Would it be advisable for him to write a signed follow-up letter to rescind his initial offer? Should he give this to my father's lawyer?

If he wants to back out of the offer he made to his father, he would be well advised to write his father and state specifically that he is terminating the offer. Otherwise if the father comes back and accepts you get into a debate about whether the offer was still open at the time the father accepted, and that can get costly to litigate and the outcome of that would be uncertain. I would send the letter to the father directly with a copy to the father's lawyer. Your brother ought to consult his own lawyer to ensure he gets everything right given that your father sounds like a contentious sort that will use any opening he can to wrest some cash from the rest of you.

 

[Durendas]

If he wants to back out of the offer he made to his father, he would be well advised to write his father and state specifically that he is terminating the offer. Otherwise if the father comes back and accepts you get into a debate about whether the offer was still open at the time the father accepted, and that can get costly to litigate and the outcome of that would be uncertain. I would send the letter to the father directly with a copy to the father's lawyer. Your brother ought to consult his own lawyer to ensure he gets everything right given that your father sounds like a contentious sort that will use any opening he can to wrest some cash from the rest of you.

Thanks! That seems like really sound advice.
May I also ask, if my brother chooses to keep the offer open and since the agreement would include my sister and I, along with my brother and father, would all four of us have to sign it in order for it to be valid?

 

[Dandy Don]

Your brother has good intentions with the offer, but it is not going to achieve any kind of peace, because the father is blinded by greed and only wants to get the $375,000.00, since he rejected the offer.

Yes, the offer should be withdrawn, Please stop trying to satisfy someone who can not be satisfied in any way or fashion, because what he is asking for is unreasonable. Don't be afraid to say no.