Monthly Archives: November 2013

What Are the Different Types of Wills?

Our Oakland Probate Litigation Attorney Discusses the Validity of Handwritten Wills Testamentary wills in California do not have to be formal, standard wills with two witnesses at an attorney’s office. In this video, Oakland probate litigation lawyer Charles Triay explains that holographic wills, or handwritten wills, may be valid in California. If your loved one passed away and you believe the will is defective or if you have a question about a holographic will, contact our office to learn about the types of cases we handle. Video Transcription Hi, I’m Charles Triay. I want to talk for just a minute about types of wills. California recognizes two types of wills. The formal will that we’re all familiar with which is typed and signed and witnessed. In California there are supposed to be two witnesses. Both witnesses are all supposed to be there at the same time and everyone sign at…
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Undue Influence in Contested Will Cases

Oakland Probate Litigation Attorneys Review Will and Trust Challenges There are two common ways to challenge a testamentary will in California: undue influence and lack of capacity. In this video, Oakland probate litigation lawyer Charles Triay discusses how these legal grounds to challenge a will are often interrelated. For more information about contested inheritances, contact our office. Video Transcription The most common ground for contesting a document in California, an estate planning document, is undue influence. By that we mean convincing somebody to sign a document that they wouldn’t have done otherwise. We also contest documents based on lack of testamentary capacity; in other words, mental weakness. The standard for testamentary capacity in California is very, very low. It is very difficult to prove that someone lacked the understanding that this was a will. The two concepts of lack of capacity and undue influence are related. Because if someone has a diminished…
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How Do You Prove Mental Capacity to Sign a Will?

Our Oakland Probate Litigation Attorney Discusses Evidence in Contested Will Cases In this video, Oakland probate litigation lawyer Charles Triay reviews evidence in will contest cases. In a lack of capacity or undue influence case, the mindset and mental capacity of the decedent at the time of the will or trust signing is of paramount importance. Contact our probate litigators by phone or through our online form for more information. Video Transcription So the question is how do you prove whether someone had the legal mental capacity to sign a will or a trust. That is a combination of a lot of different factors. We want to look at their medical records. We want to talk to the people who were there. We want to know what they said previously. Sometimes people will have said for years about what their plan is. Then if the document is consistent with that,…
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