Legal Question in Civil Litigation in California
If a contract is not enforceable is that contract void?
Can a beneficiary draft up an affidavit for a trust?
Is there a time limit to file an affidavit after it has been signed?
Thank you
2 Answers from Attorneys
A contract may be unenforceable because it is void, but it can be unenforceable for many other reasons that are different from it being void. Your second question makes no sense, and your third makes no sense because it has no context of any kind.
Mr. McCormick is correct. For example, a contract that is based upon a future event occurring is not enforceable because the event has not yet occurred, but once that event does occur it may be possible to enforce the contract so it is not void. A contract could be voidable but not yet void. It is better for a lay person to focus on what the agreement is and not split hairs as to what the contract might legally be described as.
Trusts do not require affidavits to make them functional. Why would anyone need to prepare an affidavit as to a trust? If you think one would be needed, tell us the circumstances so that we have a context in which to decide the question. What is the purpose of the affidavit that is to be signed and why does it need to be filed?