If facts were misreperesented regarding the signing of a contract, is the contract still valid?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If facts were misreperesented regarding the signing of a contract, is the contract still valid?

About 2 years ago my grandfather died and we 3 grandchildren were listed heirs. As my brother had passed away at the age of 17, my mother said she was owed legally his 1/3. She told my sister and myself to sign a contract giving her a 1/3 because she was rightfully due his portion. We sisters agreed, signed, only for the next day after mom received the contract to admit she wasn’t legally an heir for his estate. My sister said to let it be and that the contract wasn’t valid because she lied to get us to sign. The estate money was just deposited into my account now, and my mom is now threatening to sue if we don’t give her her 1/3. All the contract says is that we divide it into 1/3rds. Is this still valid?

Asked on October 8, 2014 under Estate Planning, New York

Answers:

Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

The contract is not valid because there is no "consideration" for you and your sister for giving your mom 1/3 of the estate.  Since you brother predeceased your grandfather, you mother inherited only what he owned when he died at age 17.  Dead people do not inherit anything.  You could, out of a sense of fairness, decide to give a third to your mother, but it you do not, she can not enforce the contract.  It is nothing but a non-enforceable promise to do something.  To be a contract, your mother would have had to have also signed, as well as promised to give you something or do something for you and your sister in return.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption