Category Archives: Video Library

Videos explaining probate litigation in California

Will a Videotaped Will Hold Up in Court?

Many people believe that videotaped wills are more convenient than paper wills, but there are a lot of problems with this approach. In this video, California probate attorney Charles Triay discusses the problems with videotaped wills and whether they can hold up in court during probate proceedings.   Video Transcription: A videotaped will in and of itself is not valid. If you make a videotape of me saying, “Hi, when I die, I’m leaving my estate to these two people over here,” that has no effect in the law. But, what often happens is we have a videotape either contemporaneous with the signing of a written will or about the same time and I am of the opinion that those videotapes usually hurt the person who made them. And I say that because they’re usually not done professionally. They’re usually done in an amateurish way with lots of obvious edits….
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What if a California Will Is Not Technically Valid?

Oakland Probate Litigation Lawyer Charles Triay Explains the Harmless Error Rule In many states, the probate courts will hold a will to every law as written. However, in California, judges have the leeway to let some technicalities slide. Charles Triay can let you know whether or not your or your loved one’s will is valid. Video Transcription California, unlike most states, has what’s known as the Harmless Error Rule with regard to wills. What that statute says is that if the will does not meet all of the technical requirements, such as if it only has one witness instead of two witnesses on a formal will, the judge can relax those technical requirements and recognize it as a valid will anyway. A lot of people don’t know that. If you have any doubt about whether a document is a valid will or not, give me a call. (510) 463-3165. Thank…
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Costs for Oakland Probate Litigation Attorneys at Triay Law Office

Many clients wonder how much it costs to hire an attorney. At the Triay Law Office, we offer two options for attorney fee payment: you can pay an hourly fee, or you can opt for a contingency fee. Contingency fees allow the attorney to receive a portion of your financial recovery without charging out-of-pocket fees. When you meet with us, we can help you figure out which method is best for your situation. Video Transcription We handle these cases in two different ways. The first way is on an hourly fee, where the client pays every month based on the amount of time that’s spent on their case, and that fee is payable no matter how the case turns out. The second way is what’s known as a contingency fee or a percentage fee. Most people are familiar with that in connection with personal injury cases, and those types of…
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