Legal Question in Wills and Trusts in California
Inheritance/cashier check
A cashiers check was purchased in the name of an unwanted spouse partly with inherited funds by the one inheriting the funds. He offered the cashiers check to the unwanted spouse in an oral bilateral offer to get out of his life. The unwanted spouse accepted the offer, both sides completed the offer.
He changed locks on the doors, installed a keyed mail box and she left the home, not to return.
Then the one inheriting the funds decided he wanted his inherited funds back. The fact they were inherited, he knew he could get them back.
The court ordered the check to be frozen, the inheritor sold the house he inherited too, they were both inherited and both legal contracts.
Is this legal, if so why?
1 Answer from Attorneys
Re: Inheritance/cashier check
It seems to me that the issue as to the check is decided whether or not it is private property. Husband offered wife money if she would leave, she left, all the terms of the contract were fulfilled, wife gets to cash the check [why did she not immediately do so or so so before the court hearing?].
There are some possible flaws in the above. If the Court rules that such a contract is against public policy [it offends the standards of normal public attitudes, such as a contract to shoot yor own dog to dead would]then it is not bding. If he treated the money as being community property it might be such. If the judge found the terms of the agreement to be against normal public standards under the particular circumstances of this contract [husband with a lot of money bribing wife with no liquid assets t agree to divorce because fears she will not be able to survive to time of award of any funds to her.
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