Inheritance Rights Attorney in Costa Mesa, CA
If a parent or relative in Costa Mesa named you in a will or trust, you have legal rights while the estate is being settled, not just a hope that your share will eventually arrive. Beneficiaries and heirs in California can expect to be kept informed, to receive accountings and to be paid what they were left. When an executor or trustee falls short, The Soto Law Group can act for you. If court action becomes necessary, we bring it in the Orange County Superior Court, whose probate judges currently sit at the Costa Mesa Justice Complex.
Learn more about our inheritance rights and beneficiary representation services.
What You Are Entitled To
- The trustee’s notice. Within 60 days after a trust becomes irrevocable, the trustee must send beneficiaries and heirs a notice under Probate Code Section 16061.7, and on request you must be given a copy of the trust’s terms.
- Updates on the trust. Trustees must keep beneficiaries reasonably up to date on the trust’s assets and the steps being taken to settle it.
- Regular accountings. Beneficiaries are generally owed an accounting each year, when the trust terminates and when a new trustee steps in, subject to some exceptions.
- Even-handed treatment. The person in charge must manage the property prudently, treat the beneficiaries impartially and keep their own interests out of it.
- A voice in probate. In a probate case, you receive notice of important hearings and can review, and object to, what the executor files with the court.
Warning Signs Involving a Costa Mesa Home or Estate
Problems with an inheritance often center on a parent’s house. Watch for situations like these:
- A sibling serving as trustee has moved into the family home in Mesa Verde or on the Eastside, with no plan for a sale or for paying the other beneficiaries
- A rental property near Orange Coast College or Vanguard University is collecting rent, but no one has seen an accounting
- The house was sold, but the price seemed low or the proceeds haven’t been distributed
- Months have passed since the death and you still haven’t received the trustee’s notice or a copy of the trust
- The plan was changed near the end of your parent’s life in favor of one person
How We Help
Our first step is a close review of the will or trust, any notices you’ve received and what has happened since the death. A formal request from counsel is sometimes all it takes to get documents and an accounting moving. When that doesn’t work, we can petition the probate court, currently located on Harbor Boulevard in Costa Mesa, to compel an accounting, instruct or remove a trustee, recover property or seek repayment from a fiduciary who caused a loss. Mediation can also resolve many of these disagreements without a trial.
If You Live Outside Costa Mesa
If you live elsewhere in California or in another state, you don’t need to relocate or travel often to protect your share of a Costa Mesa estate. We handle the communications with the trustee or executor and any filings in the Orange County court, and we keep you updated as things progress.
Frequently Asked Questions About Inheritance Rights in Costa Mesa
What if the trustee ignores my calls and emails?
Put your request in writing first. If the trustee still doesn’t answer, a letter from an attorney is the usual next step, and if that fails, a court order can require the trustee to provide information or an accounting.
Can I see the inventory in a probate case?
Yes. In a probate case, the inventory and appraisal and the executor’s accountings are filed with the court, and interested persons can review them and raise objections.
Can a trustee charge fees to the trust?
Generally yes: unless the trust provides otherwise, a trustee is entitled to reasonable pay for the work. Those payments should appear in the accounting, and if the amount seems excessive, you can ask questions and, if needed, object.
Why Work With The Soto Law Group
Our own work as trust drafters and administrators shows us what a trustee should be doing at each stage, so we can tell quickly when something is off. Romelia “DeDe” Soto, with more than 20 years of legal experience, works with beneficiaries personally.
Related Services in Costa Mesa
Inheritance Rights in Other Locations
Directions to Our Office From Costa Mesa
Get Answers About Your Inheritance
Call (949) 945-0059 or contact us online to request a consultation about a Costa Mesa trust or estate.