Hypothetical #3:

Lourdes Chavez was suffering from dementia and decided to grant her son, Carlos Chavez, the family home. She wrote a contract that stated: "Carlos must care for his mother, Lourdes Chavez, and allow her to stay in the home. If Carlos sells the home, he has to pay his mother Lourdes Chavez $125,000, his brother Tomas Chavez $100,000, and his sister Carmen Chavez $100,000."

Eight years after his mother died, Carlos sold the house. He did not give Tomas or Carmen any of the money.

QUESTION #11: What are Tomas and Carmen under the contract? (Note: this is not about their status as heirs)

QUESTION #12: Is there an issue of capacity here? Why or why not?

QUESTION #13: If Tomas and Carmen sue Carlos, will they likely succeed? Why or why not?