Monthly Archives: August 2013

The Power of Compromise

Oakland Probate Litigation Lawyer Charles Triay Explains Why Many Cases Settle Probate litigation cases can be lengthy and costly, especially if they spend a lot of time in the courtroom. In this video, Oakland probate litigation attorney Charles Triay describes why most of his clients end up reaching a settlement before going through litigation. Video Transcription Ninety-five percent of all cases end up being settled with compromise settlement agreements rather than going to trial, and there are very good reasons for that. One is that trials are very expensive. They take a long time. They are somewhat risky because there is no jury trial in California on these types of cases, so you get a judge and you don’t even know who your judge is going to be until the day of trial, and they tend to be winner-take-all lawsuits. Either the amended will is valid and one child gets…
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Factors in Determining the Cases We Take

Our Oakland Probate Litigation Lawyer Explains the Process Our Oakland probate litigation attorneys do not take every case that walks through our door. In this video, Charles Triay explains how he decides whether or not to take a case involving contested accounting, defective trusts and wills and other probate litigation issues. Contact our firm to learn more. Video Transcription There are many factors involved in whether we’re going to take a probate-litigation case. This is a very technical area of the law with a lot of time limits and technical requirements, so we have to look at a lot of things. Mainly, we have to look at the documents that are in question and the relationships between the people. Obviously, the story of what happened and why is very important. One of the other factors that I look at is whether I like the client and whether I can sympathize…
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Pre-Death Contest

There was an interesting Appellate Court decision published recently regarding California probate litigation, Drake v. Pinkham.  In that case, there was litigation concerning the mother’s trust during the mother’s lifetime.  After the mother died, one daughter tried to contest the validity of the last two amendments to the mother’s trust.  The court held that she was aware of those amendments during her mother’s life and should have contested them during her mother’s life.  Therefore, they did not allow her to contest the two amendments after her mother’s death. I disagree with the analysis in this decision.  It may go up to the California Supreme Court for review.  But, whether or not I agree with it, it is instructive because it points out the problems involved with filing estate litigation while the parent is still alive. In the Pinkham case, in litigation during mother’s life, the daughter alleged that the mother…
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