Monthly Archives: October 2013

Deadlines in Probate Cases

Discuss Your Situation With Our Oakland Probate Litigation Attorney Like all civil cases, there are important deadlines that affect a case. If you have an inheritance dispute, speak to our Oakland probate litigation lawyers as soon as possible to ensure you do not miss important deadlines. In this video, Charles Triay reviews the many types of deadlines that may apply to probate litigation cases. Video Transcription There are a lot of different deadlines. One deadline starts to run from the date of death. There is another deadline that runs from the date that something is filed with the court. There is another deadline that runs from when the executor is appointed by the court which could be at the first hearing or the second hearing. I can’t give you any more specifics without talking about a specific case. There are many deadlines to be aware of. If you would like…
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What is Probate Litigation?

Our Oakland Probate Litigation Lawyers’ Focused Practice Our firm handles all areas of probate litigation, including defective wills and trusts, spousal rights, undue influence cases, trust accounting and breach of fiduciary duty. Watch this video below to hear Oakland probate litigation attorney Charles Triay explain more about this type of law and his practice. Video Transcription Hi. My name is Charles Triay. I practice in the area of probate litigation. People ask me, “What is that?” The easiest way to explain it is to give some examples of the common types of litigation cases that we handle over and over and over again. The first one is the undue influence case where the elder family member has changed their will or trust at the last minute and made a radical change in who’s going to get the property. That arises in one of two ways. One, where a family member…
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What If Someone with Property Dies Without a Will?

Our Oakland Probate Litigation Attorney Discusses Intestate Succession Families may not know where to turn if their loved one died without a will, trust or estate plan. If the person owned property and died intestate (the legal term for a person who dies without a valid will), then California state law will determine who inherits what property. These laws can be complicated, if your loved one died without a valid will, contact our Oakland probate litigation lawyers to discuss your legal options. Video Transcription If someone dies and owns a property and they don’t have a will or a trust, California has a set of laws specifying who gets it and what their shares are. It’s called the laws of intestate succession. They’re fairly complicated. Generally speaking it goes to the spouse and children first, the parents second, brothers and sisters next and then you start going to aunts and…
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