How would I draft this as an agreement?

Question

My grandmother did not have a will when she passed away. My aunt is getting my grandparent's marriage certificate, but when she passes away, I do want it back. How would I type this as an agreement between both her and I that I would get it back. I only want it in writing because of the fact that too many times I have seen people get things they don't deserve from deceased relatives mostly because there was no will or there was no word that the person agreeded that the other person would get it. Any help is greatly appreciated. Also, knowing my family, I would need this agreement to be something that would stand up in court because these are the type of relatives who would take it to that level.

Lone Cat · Answer

Marriage certificate???  OK.

You can't do that.  Your grandmother is her mother.  Since there's no will, then your grandmother's children inherit everything.  You, as a grandchild, don't get a single thing.  The  marriage certificate doesn't belong to you, so you can't claim it.  And you can't claim it for after your aunt dies.

The correct way to pass things down is a will.  What your talking about is a contract to receive it after she dies.  I don't think that would hold up in court.

What you need is for your aunt to put it into a will.  That's the simplest way.  Trying to do some kind of work around isn't likely to go well.  It really needs to be a will.

? · Answer

A will would be best, but another (perhaps easier) way would be for you to retain ownership and simply let her borrow it.

You could print this:  http://www.printablecontracts.com/Rental_Contract_For_Personal_Property.php
Fill it out and charge her a penny for the rental of the property.  Then you'd have something in writing that would give you standing to reclaim it.

Beverly S · Answer

Your aunt needs to "will" it to you.

How would I draft this as an agreement?

3 Answers