Inheritance Rights Attorney in San Bernardino, CA
Being named in a trust or will comes with legal rights, not just an expectation. California law entitles beneficiaries and heirs to notice, to information about how the trust or estate is being run and to the share they were left. When an executor or trustee handling a San Bernardino estate ignores those rights, The Soto Law Group steps in on your behalf, and when needed, takes the matter to the San Bernardino County Superior Court.
Learn more about our inheritance rights services.
Rights Every Beneficiary and Heir Should Know
- The trust’s terms. Once you receive the trustee’s notice that the trust has become irrevocable, you are entitled to ask for a copy of what it says.
- Updates along the way. You don’t have to wait in silence; the trustee owes beneficiaries reasonable information about the trust and how it is being managed.
- Accountings. Expect a report of what came in, what went out and what remains at least annually, plus another when the trust ends or a successor trustee steps in, barring an exception.
- Careful, impartial management. Executors and trustees must look after the assets prudently and act impartially toward all beneficiaries.
- A look inside probate. If the estate is in probate, you are entitled to notice of the important hearings, and the inventory and accountings the executor files are part of the court record you can review.
When You Live Far From the Property
If one relative is handling the estate while you live elsewhere, it can be hard to know what is happening to the property. A trustee might be living in the family home in Arrowhead Springs, using a mountain cabin on weekends, or letting a desert parcel sit while the tax bills pile up. Some of that may be permitted by the trust and some may not. We review the documents, request records and accountings on your behalf, and tell you whether the trustee’s choices are consistent with the trust and California law.
Red Flags in a Trust or Estate
- Months go by without a word from the executor or trustee
- Your request for an accounting is ignored
- Property is sold quickly to someone close to the trustee, or for less than it seems to be worth
- Trust money and the trustee’s own money are mixed together
- Late changes to the estate plan benefit a caregiver or one family member over everyone else
Getting Answers and Enforcing Your Share
Our first step is a careful review of the documents and a formal request for the information you are owed, which can be enough on its own. If it isn’t, the San Bernardino County Superior Court can be asked to order an accounting, remove the trustee, return property to the trust or make the fiduciary answer for losses. Those petitions go through the probate clerk’s office at the San Bernardino Justice Center, and the hearing will be in Fontana or Victorville, according to how the case is assigned; we confirm which one well before the hearing date. Mediation is also available when it offers a quicker path to a fair result. If the real problem is the will or trust itself, see our San Bernardino will and trust dispute page.
Frequently Asked Questions About Inheritance Rights in San Bernardino
What if the trustee won't send an accounting?
Start with a written request. If the trustee still won’t provide one, the court can be asked to order an accounting, and a trustee who keeps refusing can face removal.
I live out of state. Can I still protect my inheritance?
Yes. Your rights as a beneficiary don’t depend on where you live. We handle the San Bernardino County court filings and let you know as each step is completed.
Can the trustee live in the family home?
It depends on what the trust says. A trustee who uses trust property for personal benefit without that authority may be breaching the duty of loyalty, and the court can be asked to step in.
Why Work With The Soto Law Group
With more than 20 years of legal experience, Attorney Romelia “DeDe” Soto leads a firm that both prepares and administers trusts. We know what beneficiaries are entitled to receive, and we press for it calmly and firmly.
Related Services in San Bernardino
Inheritance Rights in Other Locations
Directions to Our Office From San Bernardino
Ask About Your Rights as a Beneficiary
Call (949) 945-0059 or contact us online to schedule a consultation about a San Bernardino trust or estate.