Will & Trust Dispute Attorney in San Bernardino, CA
A will or trust that doesn’t say what the family expected, or an executor who isn’t playing fair, can divide relatives just when they are grieving. For a San Bernardino estate, those disagreements are decided in the San Bernardino County Superior Court.
Our goal is to protect your rights and, where it is possible, to keep the family on speaking terms. DeDe Soto handles each dispute personally, and Associate Attorney Jessica Munoz and Thomas Roll (Of Counsel) round out the team.
Learn more about our will and trust dispute services.
Estate Disputes We Take On
- Challenges to a will on the grounds of undue influence, fraud, lack of capacity or a defective signing
- Contests to a trust, or to an amendment signed near the end of someone’s life
- Executors and trustees who go silent, refuse to account or put themselves first
- Conflicts with a spouse or children from an earlier marriage
- Allegations of financial abuse of an elder or a dependent adult
- Arguments over how the language of a will or trust should be read
- Property that belonged in a trust but was never retitled to it
Bringing a Dispute in San Bernardino County
A challenge to a will or trust is generally brought by petition in the probate court. In San Bernardino County, those papers are filed through the probate clerk’s office at the San Bernardino Justice Center, 247 West Third Street. Since September 2023, though, the hearings themselves take place at the Fontana Courthouse or the Victorville Courthouse, with each case assigned to one of them, and the two are in different parts of the county. We learn early which one has your case, handle the filings and make the court appearances, so you know where things stand at each step.
When the Fight Is Over Real Estate
Real estate can be the hardest part of an estate to divide. Siblings may disagree about keeping a family cabin in the San Bernardino Mountains, one heir may want to hold desert land while another wants it sold, or a relative may be living in the family home without paying for it. When a trustee is stuck between beneficiaries, a petition can ask the court to instruct the trustee. When a property was never deeded into the trust, a petition can ask the court to bring it in. Either one can settle a narrow question without a broader contest.
Time Limits for a Challenge
California gives challengers little room. Once a will has been admitted to probate, the window to contest it is generally 120 days. For a trust, the 120 days generally run from service of the trustee’s notice under Probate Code Section 16061.7. If something about the documents or the administration worries you, get advice before the window closes.
Negotiation First, Trial When Needed
Litigation that drags on can eat away at an estate and at the family. Our first step is a close look at the documents, the timeline and what you are hoping to achieve. A negotiated agreement or a mediated settlement is often the outcome, and thorough preparation is what makes a fair one possible. If an agreement isn’t possible, we are ready to try the case.
Frequently Asked Questions About Will & Trust Disputes in San Bernardino
Will I lose my inheritance if I challenge the will or trust?
Not necessarily. California courts apply a no-contest clause only in narrow circumstances. One is a direct contest filed without probable cause. Before you file anything, we compare the clause to the evidence you have.
Can a trust amendment signed shortly before death be challenged?
Yes, if there is evidence the person lacked capacity or was pressured or misled when they signed it. When the change was made, who arranged it and who benefits from it are often central questions.
Do I have to live in San Bernardino to bring a challenge there?
No. Heirs and beneficiaries who live in other cities or states can bring a challenge in the San Bernardino County Superior Court when that is where the estate or trust matter belongs. We prepare the court filings and keep you up to date from wherever you are.
Why Work With The Soto Law Group
We write and administer wills and trusts as well as litigate them, so we know what a sound document and a properly run estate look like, which makes it easier to see where a particular one went off course. DeDe Soto stays involved from the first document review to the resolution, drawing on more than 20 years of legal experience.
Related Services in San Bernardino
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 Huntington Beach
- Will & Trust Disputes in Laguna Beach
- Will & Trust Disputes in Santa Ana
- Will & Trust Disputes in Anaheim
- Will & Trust Disputes in Orange County
Directions to Our Office From San Bernardino
Get Advice Before a Deadline Passes
Call (949) 945-0059 or contact us online to have the documents and your options reviewed.