Legal Question in Wills and Trusts in California
Document Interpretation
Is there a legal procedure in California where you can file a motion to have a ''mutual estate plan'' which includes identical mutual reciprocating wills that were executed in conjunction with a revocable trust evaluated as to their contractual nature without engaging in a huge lawsuit for breach of contract by one spouse?
I would like to know how the court would possible interpret the documents without spending hundreds of thousands of dollars for nothing.
2 Answers from Attorneys
Re: Document Interpretation
Not really. A good estate planning attorney should be able to review the documents and give you some realistic opinion. It may not be a breach of contract issue as much as a trustee issue.
Re: Document Interpretation
No. If you are in the planning stage then you and the other person can execute a contract to make a will. If you want to enforce a contract because you are alleging it has been breached then you will have to go to court to do so.
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