Monthly Archives: October 2013

Common Fact Patterns in Will and Trust Cases

Our Probate Litigation Lawyer Discusses Oral Statements Vs. Written Documentation A common problem for people engaged in probate litigation may be that they were told one thing by their relatives about a potential inheritance, only to discover the will or trust said something entirely different later. It should be noted that testamentary wills and trusts must be in writing to be valid in California, but oral testimony can be used as evidence in a probate case. For more information about will and trust cases, contact our Oakland probate litigation attorneys today. Video Transcription Hi. My name is Charles Triay. I want to talk for a minute about the most common fact patterns in the will contests and trust contest that we handle. First, a little bit of background. In order for an estate plan to be valid in California, it has to be in writing. The court doesn’t want to…
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How Do You Prepare a Case for Trial?

Our Oakland Probate Litigation Lawyer Explains How to Gather Evidence The process of gathering evidence in a will or trust case, like all civil lawsuits, is known as discovery. Oakland probate litigation attorney Charles Triay explains that his legal team will subpoena documents, speak to witnesses and hold depositions as part of their trial preparations. If you have an inheritance dispute, contact our office. We look forward to speaking with you. Video Transcription My name is Charles Triay from the Triay Law office. People ask me, “How do you prepare a case for trial?” There are many methods of what is called discovery that are available to an attorney once a case has filed in the court. Generally speaking we’re dealing with a will contest or a trust contest for an elderly relative who has passed away and made a last minute change in their estate plan. We will subpoena…
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Proving Will Contest or Undue Influence Cases

Our Oakland Probate Litigation Attorney Reviews the Evidence Evidence for defective will or probate litigation cases is not always a cut-and-dry issue. In this video, Oakland probate litigation lawyer Charles Triay explains that his legal team builds cases based on the accumulation of evidence, including oral testimony of relatives and other witnesses. If you have a question about a potential probate litigation case, contact our law office for our attorneys to review your case. Video Transcription Hi. I’m Charles Triay. People ask me how do I prove a will contest case or undue influence case? They’re a mosaic, if you will, or a painting. They’re made up of little bits and pieces. Every once in a while we’re fortunate we find a smoking gun or we find someone who is there and heard the bad guy tell the parent, “If you don’t sign this I’m going to throw you in…
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