Legal Question in Wills and Trusts in California

Will, Trust & Breach of Contract

Parents wills were incorporated into and to become part of the revocable trust. They left everything to each other and upon death of the survivor as ordered in Schedule ''A'' of the trust.

''As long as both settlers live, the trust may be altered, amended, or modified only by joint action in writing by both settlors''.

''Surviving spouse will reserve the power to amend or revoke the trust at any time during his or her lifetime, without notifying any beneficiary''.

''We certify that we have read this Declaration and instrument of Trust and that it correctly states the terms and conditions under which the trust property is to be held, managed and disposed of by the trustees, and we approve the de4claration and instrument of trust''.

Neither could alter their wills without joint action while they both lived. Wife died and Husband immediately changed the entire disposition of the remainderment to exclude wife's son in favor of his extended family. Since the survivor's right to amend is non-specific as to what amendments can be made, can wife's son file an action for breach of contract, fiduciary duty, and constructive fraud?

Thanks


Asked on 4/24/06, 10:49 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Will, Trust & Breach of Contract

these questions cannot be answered correctly and completely without reviewing all relevant wills, trusts, agreements and documents, including any court files and correspondence. you will need to retain an attorney to represent you in this complex situation.

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Answered on 4/27/06, 4:59 pm


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