Will & Trust Dispute Attorney in Orange County, CA
When a will or trust doesn’t look right, or an executor or trustee isn’t treating the beneficiaries fairly, a dispute over an Orange County estate or trust generally goes to the Orange County Superior Court. Contests and other probate and trust disputes are currently heard at the Costa Mesa Justice Complex. You’ll work directly with attorney Romelia “DeDe” Soto, who pursues your rights while trying to limit the strain on family relationships.
Learn more about our will and trust dispute services.
Estate Disputes We Handle
- Challenges to a will over fraud, undue influence, the testator’s mental capacity or a signing that didn’t follow the formal rules
- Contests to a trust, or to amendments made near the end of someone’s life
- Executors and trustees who go silent, refuse to account or favor themselves
- Clashes between a second spouse and the children from a first marriage
- Allegations that someone took financial advantage of an elderly or dependent adult
- Arguments over what a will or trust means
- Assets that were supposed to be in a trust but were never transferred
Filing Deadlines in Orange County Contests
These cases move on short clocks set by California law. Once a will has been admitted to probate, the deadline to contest it is generally 120 days. For a trust, you generally have 120 days from the date the trustee’s Section 16061.7 notice is served. If you’ve received that notice, or a will you doubt is already in an Orange County probate case, get advice now rather than later.
No-Contest Clauses and Your Inheritance
A no-contest clause says that a beneficiary who challenges the will or trust can lose what it gives them. Under California law, such a clause can be enforced only in limited situations, such as a direct contest filed without probable cause. Before you file anything, we look at the clause, the evidence and what you stand to gain or lose.
Asking the Court to Step In
Not every dispute is a contest. Sometimes the document is valid, but the person in charge isn’t following it. Through a petition, you can ask an Orange County Superior Court judge to compel an accounting, give the trustee instructions, bring an untransferred asset into the trust or remove a trustee. These petitions come up across the county, whether the disagreement is over a family home in Santa Ana, a rental in Costa Mesa or a vacation property in Laguna Beach. Our pages for Newport Beach, Irvine, Huntington Beach and Anaheim look at those communities in more detail.
Settling When You Can, Going to Trial When You Must
Most families are better served by an agreement than by years in court. We begin by learning the documents, the facts and the outcome you need, then work toward a resolution through negotiation or mediation. If the other side won’t engage reasonably, we prepare the case for trial.
Frequently Asked Questions About Will & Trust Disputes in Orange County
Where are will and trust disputes heard in Orange County?
Your case would be filed with the Orange County Superior Court. That court currently hears probate and trust matters, contests among them, at 3390 Harbor Boulevard in the Costa Mesa Justice Complex.
Can I challenge a trust amendment made shortly before death?
You can if there are grounds, such as undue influence, lack of capacity or fraud. Keep in mind that the 120-day period after the trustee’s notice generally applies.
Will contesting a will cost me my inheritance?
Not necessarily. California limits when a no-contest clause can be enforced, and the specific facts matter. Have the clause reviewed before you file.
Why Work With The Soto Law Group
Our daily work drafting and administering wills and trusts shows us the weak points in documents and the mistakes fiduciaries make. More than 20 years of legal experience stand behind Romelia “DeDe” Soto’s work on your dispute, and she keeps you informed about your options at each stage.
Related Services in Orange County
Will & Trust Disputes in Other Locations
- Will & Trust Disputes in Newport Beach
- Will & Trust Disputes in Costa Mesa
- Will & Trust Disputes in Irvine
- Will & Trust Disputes in Riverside
- Will & Trust Disputes in San Bernardino
- Will & Trust Disputes in Huntington Beach
- Will & Trust Disputes in Laguna Beach
- Will & Trust Disputes in Santa Ana
- Will & Trust Disputes in Anaheim
Visit Our Newport Beach Office
Talk With Us About an Estate Dispute
Because contest deadlines run quickly, it pays to call early: (949) 945-0059, or contact us online to set up a review of your situation.