It's the Law

To print a copy, Set your printer to

"Landscape mode."

It's the Law! *

by Demian David Tebaldi, Esq.

Email your questions to: dtebaldi@tebaldiesq.com

December 11, 2006

Dear ITL: When I was in High School, I fell in with what might be considered the “wrong crowd.” At my graduation party, my uncle and I had a talk during which he told me that if I “straightened up and flew right,” went to college and made something of myself, that he would give me $100,000 when I got my degree. After some soul searching, I decided that my uncle’s offer was a fair one, and I did as he suggested.

I graduated from college this past year, and, at Thanksgiving, I showed my uncle my college diploma, and reminded him of the conversation we had had four years earlier. He said he remembered the conversation, but that he would not honor his offer of $100,000 because the deal was “for my own good,” and that we didn’t have a written contract. I was counting on that money to help me pay back my student loans which, had I known my uncle wasn’t going to honor his offer, I never would have applied for. Is there anything I can do to get my uncle to pay up? S.R. in Sharon

Dear S.R.: Yes, there is something you can do; you can sue your uncle. That is, unless he can be made to see the error of his ways through conversation, negotiation, mediation or arbitration. Taking a family member to court for any reason can be an awkward experience, but it is sometimes necessary to enforce one’s own rights, and happens quite often with regard to will contests.

You did not have a written contract regarding the deal you struck with your uncle, but that in itself is a slight hindrance. What you had with your uncle was an agreement, albeit an oral one, and you may enforce your rights under that agreement in a court of law, provided that you can prove a few things. First, you must be able to show that your uncle’s promise was one that he should have reasonably expected would induce you to “straighten up and fly right,” go to college and graduate. Second, you must be able to show that, because of your uncle’s promise, you “straightened up and flew right,” went to college and graduated. Third, and most importantly, you must be able to show that, unless your uncle makes good on his promise, you will have suffered some sort of injustice as a result of his failing to pay. Being $100,000 in debt when you did not have to be otherwise would seem to qualify, at least in the abstract. The point is, you did something you were not already legally obligated to do (went to college and graduated) in exchange for his promise to do something he was not legally obligated to do (pay you $100,000), which, in essence, formed a binding agreement between the two of you. According to the law, your uncle is liable to you for the money.

Dear ITL: There is a lot of discussion at work these days about immigration, both legal and illegal. One of my co-workers insists that if a child is born in the United States to parents who are both illegal immigrants, then that child automatically receives United States citizenship. I think there must be some other requirements involved, it just seems too easy. Could you settle this for us? A.K. in Mashpee

Dear A.K.: Certainly. A child born in the territorial United States, any child, even one born to foreign tourists or undocumented immigrants, results in automatic United States citizenship. Not the answer you wanted, I’m guessing, but take heart in this: there are exceptions to the rule.

If the Queen of a foreign nation were to give birth while visiting Disneyworld, that sovereign’s offspring would not automatically be granted United States citizenship. If the wife of the Albanian ambassador to the United States were to give birth while residing in the United States, that child would not, as a matter of course, be granted United States citizenship. Thirdly, if the United States were to be physically invaded by a foreign enemy, and if one such belligerent occupier were to give birth while residing in the United States, or while onboard a warship cruising within United States territorial waters, that child would not automatically receive United States citizenship.

Since none of the above exceptions ever happen, realistically, the answer is: “Your co-worker is right.”

*Disclaimer: The answers provided in this column are not in any way to be construed as legal advice. While the author is an attorney admitted to practice law in the Commonwealth of Massachusetts, the questions presented do not come from clients, but from anonymous members of various Massachusetts communities. The answers presented merely describe what the law is, and do not contain specific strategies for dealing with the situations presented. If you have questions regarding these or other legal issues, please contact Attorney Demian David Tebaldi at 508-435-5576.

The Hopkinton News^TMonline only at HopNews.com

editor@HopNews.com

508-435-5534