Category Archives: Contested Will and Trust Cases

Videos that explain issues with contested wills and trusts

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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Can Adopted Children Inherit the Estate of Their Biological Parents?

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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Does California Legally Recognize Videotaped Wills?

Our Oakland Probate Litigation Attorney Explains the Validity of Videotaped Wills As Oakland probate litigation lawyer Charles Triay discusses in the following video, the state of California does not uphold wills that are solely videotaped. However, if a videotaped will correlates with what is outlined in a written will, the written will is what will hold validity in the eyes of the law. Our Oakland probate litigation attorneys can offer experienced legal representation to those dealing with defective wills. Schedule a consultation today with the Triay Law Office to learn more about your rights. Video Transcription The question is: “What about a videotaped will?” California doesn’t recognize a videotaped will, but the way that usually arises is that in connection with a written will, there will be a video done, but if it’s just a video where someone is saying, “When I die I want to leave my house to…
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