Legal Question in Wills and Trusts in Michigan

Legal Documents

To whom it may concern,

About a year ago, I recently got out of relationship. I made an agreement with my former partner at the time, that I would give him x amount of money, when I had received an estate that I inheirited. I had the document notorized. I only did this because I honestly feared for my life. There is no dates whatsoever on the document, and because I am male and my ex partner was male as well, can this hold up in a court of law? I am now starting to receive distributions of my inheirited estate. Can he legally take me to court over this? Can the notorized document be held up in a court of law, especially since at the time of drawing up the document, I feel I was coerced, because I was threatened that if I did not draw up the agreement, that, ''I was not leaving at all, and only when I drew up the agreement, and had it notorized, I could leave the relationship.'' So I did because I literally feared for my life. Please help me or at least tell me what I can do regarding this matter. I live in the state of Michigan, and the estate comes out of the state of Florida.

Sincerely,

a concerned individual


Asked on 8/09/06, 8:47 pm

1 Answer from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Legal Documents

According to contract law, in order to have an enforceable contract, you must have an offer, acceptance, and consideration. If there was no consideration for the promise (your partner gave you nothing in return for the promise), then you can argue that the promise to give money was a gift. A promise to give a gift without consideration is generally unenforceable.

Good luck.

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Answered on 8/10/06, 9:11 am


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