How legal are notarized papers?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How legal are notarized papers?
My father’s wife of 22 years has left him, but before she left she had him sign a paper saying that they would file their taxes together or jointly. Can he back out and file by himself?
Asked on November 11, 2010 under Business Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Notarization is required for a few types of agreements, but by itself, does not make an agreement enforceable (or not). As a general matter, an agreement between two people, in writing, is enforceable IF it formed a valid contract. For there to be a contract, there must have been (1) an offer; (2) acceptance--so the offer (the proposed agreement) is accepted by the other party; and (3) consideration--or something to bind the deal. Consideration is either a benefit (like a monetary payment) or the party giving consideration accepting a detriment (like not exercising some right it otherwise could have exercised). So if your father's wife gave him something or gave up something (e.g. didn't press some claim she may have had) in favor of your father, that would constitute consideration and the agreement is likely enforceable. However, if there was no consideration--you father got nothign for it--it might not be enforceable; enforcement might fail for want of consideration.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.