Our San Francisco Probate Litigation Attorney Specializes in Contested Wills and Trusts

Assert Your Rights to the Estate

Heirs whose inheritance rights are harmed by a will or trust obtained by undue influence, or a faulty will or trust, must raise timely objections in probate court or lose those rights forever. The person who signed a will or trust is the testator. Mistakes or influences upon the testator may then have unforeseen consequences to beneficiaries. Our San Francisco probate litigation attorney specializes in contested wills and trusts. We provide skilled representation to individuals asserting legal claims to an estate.

Firm Principal Charles Triay established the Triay Law Office in 1978. He maintains his solid reputation as one of the top probate litigators in California by providing unsurpassed personalized service to clients forced to fight for their rights in probate court.

California Probate Litigation Overview and Practice Areas

Our San Francisco probate litigation lawyers specialize in contested wills & trusts under California probate law to protect your rights in probate court.

Undue Influence

Undue influence is when a person exerts pressure on a testator to execute a will or trust for that person’s undeserving benefit. It is also termed elder financial abuse. Isolated and ill individuals are especially susceptible to others seeking to take advantage of their situations for personal gain.

If you can show a testator had a lack of capacity, you may be able to contest the will or trust.

Lack of Capacity

To execute a will or trust, the testator must be of sound mind. Additionally, he or she must be able to understand the nature of the will or trust, the property the testator possesses and the testator’s relationships to family members. If a testator lacked this mental capacity, then an interested party may contest the will or trust to have it declared invalid.

Our law office has experience contesting and defending fiduciary accountings.

Contested Fiduciary Accountings

Executors and trustees who manage will and trust property owe fiduciary duties to beneficiaries. This includes duties to do accountings of investments, expenses, fees, distributions and taxes. Our law office has experience contesting and defending fiduciary accountings.

In California, an omitted spouse is generally entitled to half the community property acquired after marriage.

Spousal Rights

Spouses in California have a vested interest in one-half of the community property acquired after marriage. If a surviving spouse is facing a will or trust that does not leave the spouse at least the minimum share of property to which the surviving spouse is entitled under law, the omitted spouse must object in probate court to enforce marital rights.

An estate planning attorney probably helped to create a living trust; however, a probate litigation attorney deals with issues of validity.

Defective Trusts and Wills

Wills and trusts must follow the requirements of the California Probate Code in order to be valid. Even small mistakes or oversights can have drastic unintentional effects on beneficiaries. Probate courts can address and correct such problems.

A creditor that has a claim against an estate must make the claim in probate court in a timely fashion.

Creditors’ Claims

The decedent’s debts are not extinguished upon the debtor’s death. But, the creditor must seek repayment from the estate. Unless a creditor timely asserts those rights in probate court, the creditor is unlikely to receive payment.

Our Law Firm Specializes in Contested Probate Litigation in California

When an individual objects to the validity of a will or trust, or has a claim against an estate, he or she must have qualified legal representation to argue the issues in probate court. There are differing rules, time limits, statutes and procedures regulating wills and trusts. Certain issues will not be obvious to laypersons, or even to attorneys who do not exclusively practice probate litigation.

Charles Triay, the founder of Triay Law Office, has specialized in contested California probate ligation for over 30 years. He has handled many notable cases all over California. In addition to litigation and mediation, he and his associates regularly represent clients who are administering estates and trusts. Our law firm put together a list of some of the most frequently asked questions about California probate law. Please contact our San Francisco probate litigation lawyers to set up a consultation. We can then answer any questions not addressed on our site. We can also explain how our law firm can  defend your rights against an estate in an estate or trust.