Looking For A Bay Area Probate Litigation Lawyer?
We Handle Cases Across Northern California
Charles Triay handles many kinds of probate litigation issues for residents of Northern California. Our attorneys have more than 40 years of legal experience and know how to get families the help they need in probate court. If you have concerns about wills or trusts, or any other issues related to probate litigation, talk to the Triay Law Office today to find out how we can work with you.
Attorney Charles Triay has served as a civil lawyer since 1978 and was certified by the California Board of Legal Specialization as a specialist in probate, estate planning and trust law in 1992. He maintains a communicative and personal atmosphere with clients while giving them the representation and legal advice they require. He understands that probate litigation conflicts are often very difficult for those involved, and he works to resolve issues in a manner that suits his clients’ needs. Attorney Triay repeatedly proves his legal effectiveness and is one of the most knowledgeable and skilled probate lawyers in Northern California.
What Areas Does the Triay Law Office Serve?
If you live in any of the following areas, you can seek assistance from our skilled probate litigation lawyers:
- Berkeley (zip codes: 94701, 94702, 94703, 94704, 94705, 94706, 94707, 94708, 94709, 94710, 94712, 94720)
- Oakland (zip codes: 94601, 94602, 94603, 94605, 94606, 94607, 94610, 94611, 94612, 94615, 94618, 94619, 94621)
- Fremont (zip codes: 94536, 94537, 94538, 94539, 94555)
- Piedmont (zip codes: 94602, 94610, 94611, 94618)
Additionally, we handle cases from residents of other communities in these counties:
- Contra Costa
- San Mateo
- Santa Clara
Obtain Attorney Advice for California Probate Law
If you are going through a probate conflict and need the assistance of one of our attorneys, call the Triay Law Office today. We can accept attorney fees on an hourly basis or on contingency fee agreements, depending on your preference and the specifics of your situation. Let us work with you to resolve your probate issue.
FAQ Learn More About Probate Litigation
Probate is the legal process of administering a deceased person’s last will and testament or according to intestate law. Certain trusts only go into effect upon the death of the testator, and may therefore be part of a probate administration. California probate courts oversee probate administration and probate litigation.
Probate litigation is the term for a lawsuit when a party, such as an heir, beneficiary, creditor, third party or omitted spouse contests a will. Probate litigation also includes charges against fiduciaries of trusts or estates, or creditors’ claims against an estate.
There are several different reasons for contesting a will. For example, claims of undue influence and lack of capacity are common causes for probate litigation. Some individuals may argue that the will is defective, or that the estate trustee is breaching a fiduciary duty. If you are an omitted spouse or if your spouse leaves you less than required by California law, you may have a claim against the estate as part of your spousal rights.
A fiduciary duty is the obligation to act honestly, fairly and in good faith when handling the deceased person’s estate. There are multiple fiduciary duties that executors, administrators and trustees are legally required to follow, including keeping proper accountings of all investments, as well as money going in and out of the trust or estate. Violation of this duty or poor performance in administrating the estate may result in legal action by the estate’s beneficiaries.
Just as in all types of civil litigation, the law allows you to represent yourself in a probate proceeding. However, we strongly advise having a seasoned probate litigation lawyer handle your case to ensure that California probate law upholds your best interests.
Even in death, a person is liable for their debts. For example, creditors may bring claims against a person’s estate after their death to receive payment.
A codicil is a document that makes small changes to the terms of a last will and testament. An individual may use codicils when they want to amend their last wishes without having to create an entirely new will. A codicil will only be legally valid and enforceable if executed in the same manner as a will. Codicils are particularly useful upon remarriage, additional children born, or new property acquired by an estate.
If a person dies without a will, then California intestacy laws will dictate the division of their estates to the heirs at law. These laws will then distribute property and assets depending on the marital status, number of children and surviving relatives of the deceased individual.
About Triay Law Office
Probate litigation attorney Charles Triay has specialized in California probate litigation matters for over 30 years.Read More
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