Legal Question in Wills and Trusts in Massachusetts

We are going to appeal a judgment from Probate court concerning whether or not a handwritten note can be considered a "contract" when an enforceable contract was already in place by a divorce judge and was incorperated and merged into the divorce. Is there a pre-existing rule preventing another contract to be entered into when one already exists with the courts. Also, the main question is in an appeals court can the transcripts from pre-trial be brought in along with the trial transcripts. My lawyer is saying that the pre-trial does not get entered into the appeals court. That doesn't sound fair and I just would truly appreciate a second opinion. Thank you so much.

Asked on 1/27/10, 3:48 pm

2 Answers from Attorneys

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A hand written agreement made subsequent to a formal one, can be treated as a modification or a separate enforceable agreement as a matter of contract law. However, divorce law is not the same. You can modify a separation agreement, but that agreement may require approval of the court. A pre-trial conference is just that and is not usually considered part of the trial appeal record, although under certain circumstances can be if the judge acted in such a prejudicial way as to deprive one party of its due process or other rights.

I would have to defer to your attorney, who has more facts and is probably correct. Justice is frequently not fair from one party or another's view point, especially in divorces.

Answered on 2/01/10, 3:56 pm

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