Category Archives: Contested Will and Trust Cases
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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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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Our Oakland Attorney Discusses One of His Notable Probate Cases Probate lawyer Charles Triay recalls in this video an interesting contested trust case in which he represented the biological son of a man who may have suffered undue influence when drafting a trust upon his death. If you need assistance amending a defective trust or will after a loved one’s passing or require effective representation in probate court, reach out to our attorneys who have over three decades of legal experience. Video Transcription One of the interesting cases with some very unique factors that I handled just a couple of years ago involved a gentleman who was a patent attorney for Chevron, and he lived over on the peninsula. He had been married once, when he was very young, to a woman from England. While she was pregnant, they had a falling out and she went back to England. She…
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