(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
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The executor of a will may not challenge the will without stepping down as executor, it is a conflict of interest. The executor in fact has the duty to DEFEND the will.
Any choice that the parent makes to give money to one child has no bearing whatsoever on the bequests in the will. In fact, the parent can give ALL of their money to one child, either before or after death. That is the choice of the parent completely, and cannot be challenged. No judge will change the terms of any bequests on those grounds.