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Is a note on a Hooters napkin considered legally binding?
I took my fat slob of a husband out and got him absolutely wasted last night. While he was too drunk to remember his own name I had him change his will from leaving all his possessions equally split between me and his 3 brats from a previous marriage to me being the sole beneficiary.
Well I had him write it on a napkin of the bar we were at. Our lawyer was present at the time. Is this legally binding.
I sure hope that it is because our lawyer isn't exactly Brad Pitt himself and I won't say what I had to do to get him there. Yuck.
12 Answers
- ?Lv 61 decade agoFavorite Answer
I think you might have a better chance if you just screw them all and see if you might be able to contact O.J. Simpson's lawyer right away, this way you have a better chance of having enough money left over to pay for good baby sitters allowing you to return to your lucrative career as a cage fighter as soon as possible once the new babe is born.
- ChrisLv 61 decade ago
Notes are not legally binding, contracts are.
The case (assuming you are not a troll, which I suspect) is strikingly similar to the famous case of Lucy v. Zehmer that is included in all first year contract law books. Long story short, two people are drinking heavily at a bar. As a "joke," one writes a contract to sell his farm to the other for some sum of money and signs it. The court held the contract enforceable.
Voluntary drunkenness is not a defense to an otherwise valid contract. The will provision won't stand because the document needs to be motorized and executed with an impartial witness (most states have "Dead Man Acts" which will prevent you from testifying to the revocation or creation of a will in which you have an interest).
Your lawyer was at hooters.....right.
- ?Lv 45 years ago
you signed it so its binding BUT you can go to court and state your side. there are things that could change the judges answer like...Did things change or were you unaware of damages when you signed, did he/she get you to sign because they didn't have insurance? And tell them you were nervous and not mentally aware of all that was in the note at the time and feel it may have been altered since the day. Anything that gives the judge the idea that they may have got you to sign under bad circumstances. Good luck and sorry about your accident.
- LoriLv 61 decade ago
Assuming you're not a troll (which is a big assumption)...
To make a legally binding will, a person must be of sound mind. Being "absolutely wasted" and "too drunk to remember his own name" means your husband was not of sound mind at the time he "drafted" the new will, and it would likely be thrown out in favor of his previous will.
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- ?Lv 41 decade ago
I'd have to say no. Although your lawyer was present, you're admitting your husband was not of sound mind, as he was under the influence.
Having your lawyer coerced to be there does not stand for his reputation either.
- allfoamnobeerLv 41 decade ago
No it's not binding, but not because it's on a napkin. Your lawyer must be a real winner too.
- pabLv 71 decade ago
If he was drunk, then no, contracts and legal documents cannot be formed while intoxicated.
- 1 decade ago
No, he was of not sound mind, during your wicked plan, so sorry. Ask him when he sobers up, will he do the same?
- Anonymous1 decade ago
well, if that doesn't work out i can come over with a camera and we can recreate the whole thing. it could at least make you some money as a movie, if not evidence.