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After three months of negotiation, my Dad and I are close to

 

Customer Question

After three months of negotiation, my Dad and I are close to an agreement. I don't want any signs of undue influence so I wonder if I should take out pressure to have him include me in will.

 

Optional Information:
State/Country relating to question: Connecticut

Already Tried:
My oldest brother who's the executor of will --- would not sign agreement.

Submitted: 278 days and 17 hours ago.
Category: Real Estate Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  max713 replied 278 days and 16 hours ago.


max713 :

Yes you should, or you might get sued by any other beneficiaries later.

max713 :

However, you receive the amount you would have if there was no will, you will not be liable for undue influence (in all likelihood).

max713 :

"if you receive"

max713 :

Does that make sense?

max713 :

?

max713 :

Do you have any other family (mother, or other siblings).

Customer :

I had a contract with father earlier.

Customer :

two brothers older and younger

max713 :

Then, if you get 1/3 or less, they will be unlikely to prevail in an undue influence claim.

Customer :

So the agreement we are working on is a family document where all sign.

max713 :

Then that should be ok.

Customer :

so, to be clear,

  1. Dads Will: Dad called Lawyer in March of 2012 and got a copy of the Will. I suggested and Dad thought it was a good idea to re-execute his Last Will and Testament, to make a Declaration of Trust, a “Living Trust” and to make new Promissory Notes to state these new amounts. This would eliminate confusion over the 2002 contract and would take the Will out of probate. Dad decided that he will choose his trustees with the help of Lawyer. As part of this agreement, Dad will get an appointment with his Lawyer within the next 6 weeks or the end of August.

max713 :

That should be fine.

Customer :

oh ok great, then I have brothers sign details and we should be all set

max713 :

Great.

Customer :

thank you, you helped

max713 :

You are most welcome.

max713 :

I'm glad to hear it.

Customer :

we finished!

max713 :

Glad to hear it!

Customer :

do I say "save and exit"?

max713 :

Please rate me so I get paid

Customer :

the happy face?

max713 :

Yes, please.

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 97.5 %
Accepts: 689
Answered: 7/17/2012

Experience: I am responsive, respectful, and relentless.

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