Legal Question in Wills and Trusts in Pennsylvania

Re: property deed

Putting aside moral considerations for a moment, I'm not so sure that the agreement is void. Does her son know of the agreement? Did he support his mother and your daughter while your daughter was a minor? Did she refrain from petitioning for child support because you promised to transfer the deed to her son? I think that her son may possibly have a case in equity on a theory of promissory estoppel.

Okay, now considering morals, how old was your daughter at the time that you made the agreement and how old is she now. She would be the one that suffered by reason of your non-payment of support unless your step-son was contributing to his mother and your daughter. Maybe she should get the house or at least the amount of child support that she would have received from you for the years that she didn't receive it. Also maybe your step-son should receive reimbursement for the support that he paid that would have been your obligation if your wife had filed.

Re: property deed

I take it there was no divorce.

You could honor your agreement and deed it to your stepson and your daughter, which is where it would go if she did not leave a will.

Or you could have sleepless nights knowing you didn't keep your word.

Good luck to you.

Re: property deed

I will have to disagree with Brother Brown. An agreement to no seek child support whether in written or verbal is void ab initio or as the Judge would say void from the get go. So legally there is no enforceable agreement.

Assuming you and your wife never completed the divorce as tenants by the entireties when she died you became the sole owner.

So legally you can dispose of the property as you wish.

Morally, that is a question for you and you conscience.

{John}