Inheritance Rights Attorney in Orange County, CA
Being named in a will or trust gives you rights under California law, and so does being an heir. Beneficiaries are entitled to information, to accountings and to the share the document gives them, and heirs are entitled to notice when a trust becomes irrevocable or a probate case is opened. At The Soto Law Group, we stand up for beneficiaries and heirs in Orange County probate and trust matters, which the Superior Court currently hears at the Costa Mesa Justice Complex.
Learn more about our inheritance rights and beneficiary representation services.
What Beneficiaries and Heirs Are Entitled To
- The trustee’s notice. When a trust becomes irrevocable, you should hear from the trustee within 60 days, and that notice lets you ask for a copy of the trust’s terms.
- Reasonable information. The trustee has a duty to keep you reasonably informed and to respond to reasonable requests for information about the trust.
- Regular accountings. Barring an exception, the trustee generally owes you an account every year, another when the trust wraps up, and one whenever a new trustee takes over.
- Careful, even-handed management. Executors and trustees must protect the assets and treat all beneficiaries impartially.
- Probate oversight. When an estate is in probate, the inventory and accountings are filed with the Orange County Superior Court, and you are entitled to notice of important hearings and a chance to object.
Red Flags in an Orange County Estate or Trust
- The trustee or executor stops answering calls and emails
- An accounting you asked for never arrives
- The trustee moves into, rents out or sells a family home in a way that favors them over the other beneficiaries
- Property is sold to a friend or relative, or for less than it seems to be worth
- A parent’s plan was rewritten late in life to benefit a caregiver or a single relative
- Distributions are promised again and again but never happen
How We Protect Your Inheritance
We start by reading the will or trust and everything you’ve received so far. A formal request from an attorney often gets the information moving. If it doesn’t, we can file in the Orange County Superior Court to force an accounting, remove the trustee, recover property or seek repayment from a fiduciary for losses caused by a breach. When it fits the situation, we use mediation to reach a resolution without a long court fight.
Beneficiaries Who Live Outside Orange County
If you grew up in Orange County but now live elsewhere in California or out of state, it can be hard to keep track of a trust or estate being handled here. Distance can leave a beneficiary waiting for answers while a relative nearby controls the property. We represent beneficiaries in Orange County Superior Court matters wherever they live, and we follow up with the trustee or executor on your behalf.
Whether the property is in Anaheim, Santa Ana, Costa Mesa, Newport Beach, Irvine, Laguna Beach or Huntington Beach, our city pages explain how we work with families in that community.
Frequently Asked Questions About Inheritance Rights in Orange County
What's the difference between a beneficiary and an heir?
A beneficiary is named in a will or trust. An heir is someone who would inherit under California’s intestacy rules if there were no valid plan, usually a spouse, child or other close relative. Both are entitled to notice in certain situations, and either may have standing to challenge a will or trust.
Can I see the inventory in an Orange County probate case?
Yes. The inventory and appraisal is filed with the court, and as an interested person you can review it and raise concerns about values or missing assets.
What can I do if the trustee won't respond?
Start with a written request for information and an accounting. When a written request goes unanswered, a judge can be asked to require an accounting and, in serious cases, to replace the trustee.
Why Work With The Soto Law Group
Under the direction of Romelia “DeDe” Soto and her more than 20 years of legal experience, our team plans estates, administers them and represents people in disputes over them. That range helps us see quickly whether a trustee or executor is meeting their obligations to you.
Related Services in Orange County
Inheritance Rights in Other Locations
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Speak With an Inheritance Rights Attorney
Beneficiaries and heirs can reach us at (949) 945-0059 or contact us online to book a consultation.