Monthly Archives: November 2013


My mother has Alzheimer’s disease. She has been in a locked “memory care” facility for over 6 years now. When I last saw her, this was the dialogue. Mom: Who are you? Me: I’m your son, Charles. Mom: I don’t believe that. That’s the longest most cogent conversation I have had with her in a few years. Usually it is just a word or two. More on that in moment. Mom, who is 87, thinks she is about 28. I am 63 and have gray hair. Mom sees me and thinks, “There is no way that guy can be my son. He’s older than I am.” I understand what it is like to watch a family member begin the long downward mental slide of Alzheimer’s. At first, it is frustrating, and maddening, as they keep repeating questions and forgetting what you just told them. But, you have to guard against…
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What is a Contingency Fee?

Oakland Probate Litigation Lawyer Explains Types of Attorney Fees At Triay Law Office, our Oakland probate litigation attorneys are able to take certain inheritance dispute cases on a contingency fee basis. In some cases, the office may have the resources to advance costs of litigation, as decided on a case-by-case basis. Contact our office for more information about attorney fees for probate cases. Video Transcription The contingency fee is where I take the case on a percentage basis, where the client doesn’t have to pay me as we go along and I get a percentage of what is recovered at the end. Generally on a contingency fee case the client will have to pay the out of pocket expenses for court filing fees, the deposition fees and the subpoena fees. Occasionally, I will reach an agreement with the client where I advance those as well so the client doesn’t have…
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What is a Contested Accounting Case?

Our Oakland Probate Litigation Lawyer Explains Contested Accounting in Probate and Trust Cases In this video, Oakland probate litigation attorney Charles Triay discusses how you may request a contested accounting  in either a probate administration case or a trust case. For more information regarding estate law or breach of fiduciary duty, contact our probate litigators by phone or online regarding your situation. Video Transcription Hi, I’m Charles Triay. Another type of case that we handle often are contested accounting cases; both in the trust context and in the probate estate context. The accounting requirements are the same for a probate estate or a trust. The only difference is that with a probate estate the accounting has to be filed with the court. With a trust, the accounting only has to be filed with the court if there’s a dispute about the accounting. Those arise in two common situations. One is that…
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