Legal Question in Wills and Trusts in California

(California) Can an adult child (Betty) who is executor of an ill parent's estate contest a no-contest clause in a living trust? If so, on what grounds? And if same parent with no-contest clause has been willingly giving money & paying bills for another adult child (Mary) off-and-on long before parent ever became ill, can executor Betty challenge the no-contest will/disinherit Mary later because of $$ help the parents gave Mary? Ill Parent is of sound mind, speaking, functioning still. BETTY is financially very successful, but Mary has recent foreclosure, divorce etc... Betty and Mary do not get along, or have much of a relationship at all and never did as they have different fathers and a big age gap between them. Both sisters routinely help parent with grocery shopping, doctors appts, etc. Sister Betty (executor) recently attacked Mary verbally & viciously in front of parent, name calling and hateful words, and does not agree with parent helping Mary. BETTY is WORKING with estate lawyer of ill parent to track down properties & assets of said parent's deceased spouse (who passed away recently), 'tying up loose ends' and taking over parent's home paperwork, paying parents bills from parents own money, prepping to be executor, while ill parent knowingly continues to help MARY pay her own bills. Can this financial help be used against MARY later to change the no-contest clause or challenge their equal inheritance? Ill parent with no-clause trust says it's her money and she will help daughter if she wants to like she has had to for some time. Thanks so much,


Asked on 8/12/12, 3:58 am

1 Answer from Attorneys

Victor Waid Law Office of Victor Waid

Your mother as trustor and trustee of apparently a revocable trust can do as she wants and dispose of her assets as she desires, and amend her trust or revoke it, and leave you out as a distributee. She gave you the answer in the last line of your information. It is none of your concen. If this answer does not satisfy you, then advise you to seek the services of a probate litigation lawyer, as you have many questions that you are seeking answers to.

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Answered on 11/09/12, 12:08 pm


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