Is an email agreement binding when neither of us fully understood the situation?

Question Details: My father died leaving a IRA in both my ex-stepmother and my names. The bank told her she needed my signature before they would pay off. I agreed to sign only if I got half. The bank reviewed the case and decided I was the sole heir & paid me it all. Her lawyer is saying the agreement to half each we made was binding. I never signed anything. All email and phone. I said I thought it would fall under the mutual mistake of fact law in that both of us were mistaken. She thought she could only get the money if she signed and so did I. We were both wrong. Can they hold me to this agreement?

Asked 11/8/2009 under Wills, Trusts, Probate | 224 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

If she was your ex-stepmother before your father died (divorced), then I'd say that there's no contract here, and it isn't even a question of mutual mistake of law or fact:  there's no consideration for the agreement.

"Consideration," in this sense, is a lawyer's term of art.  The law requires consideration on both sides of an agreement, to be binding.  Consideration can take many forms, other than something of value changing hands;  it can include agreeing not to sue someone, or settling a dispute.

In your case, though, the agreement gave you absolutely nothing that you didn't have, if your father was divorced from her, because the law deleted her name from the IRA when the divorce was final (which is why the bank decided this as it did).  Email and telephone conversations can indeed form a contract, but that's not the critical issue here.

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