Summary
A notarized document can be legally binding if it meets certain criteria, such as being in writing, having clear terms, and involving consideration. In Tennessee, if your grandmother did not receive any benefit in return, the contract may not be enforceable. Consulting a local attorney can provide specific guidance on this matter.Full Conversation
My cousin had my grandmother sign a notarized paper saying she would give him half of the money if she ever sold her home. Is it legally binding?
Hi ****! A notarized document can be legally binding if it meets certain criteria. In Indiana, for an agreement to be enforceable, it generally must:
- Be in writing
- Include clear terms and conditions
- Be signed by the parties involved
- Have consideration (something of value exchanged)
Was your grandmother fully aware and did she willingly sign the document without any coercion or undue influence?
It was a few days after my grandfather passed away and he was telling her he was going to live with her and take care of her. He didn’t. But that wasn’t in the paper but she did sign it willingly
Thanks for sharing more details, ****. Given the situation, it might be important to consider if there was any undue influence or if your grandmother was in a vulnerable state when she signed the document. Indiana law requires that agreements be made voluntarily and without coercion.
Would you like to be connected to a local lawyer who can better assist you with this case?
It’s in tennessee
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Since the situation involves potential undue influence and the document was signed during a vulnerable period, it would be best to consult with a local lawyer in Tennessee. They can provide specific guidance based on Tennessee law.
Would you like more information on how to find a lawyer in Tennessee?
No thank you, would it be legally binding if she wasn’t gaining anything in return?
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In general, for a contract to be legally binding, there must be consideration, which means something of value exchanged between the parties. If your grandmother did not receive any benefit or value in return for her promise, it may not be enforceable. Consulting a lawyer can provide specific guidance.
Ok thank you
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You're welcome, ****. Based on the information provided, the contract's enforceability is uncertain, particularly if there was no consideration (benefit) for your grandmother. Consulting a lawyer would give you more precise advice on this matter. If you have any other questions, feel free to ask!