Category Archives: Contested Will and Trust Cases

Videos that explain issues with contested wills and trusts

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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Do I Have Rights If I Was Not Included in My Spouse’s Will?

Oakland Probate Litigation Lawyers That Handle Spousal Rights Cases In this video, Oakland probate litigation attorney Charles Triay discusses what happens when a spouse is not included in a preexisiting will that was written prior to getting married. The law may provide you with the ability to still inherit some of property owned separately as well as community property you and your spouse acquired while married. If you need legal assistance to uphold your spousal rights, speak with our Oakland probate litigation lawyers for more information. Video Transcription Another area of spousal rights that most people don’t know about is that if a person writes a will before getting married and the will doesn’t say, “I’m planning on getting married to so-and-so,” and then they get married and don’t change the will, the new spouse is entitled to inherit a share as if there were no will, in many circumstances. As…
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Can a Trust Be Changed After Death?

Our Oakland Probate Litigation Lawyer Answers This Question In this video, Oakland probate litigation attorney Charles Triay discusses the rights some beneficiaries may have to change a trust after the trustee of a trust passes away. In order for a trust to be amended after death, certain factors must be met and a judge must sign off on these changes. If you have questions about your ability to alter a trust after the death of a trustee,  speak with the Oakland probate litigation lawyers of the Triay Law Office today. Video Transcription Another interesting question arises concerning defective trusts, but it arises in a different way. In other words, the question is not whether the trust is defective, because the rules for trusts are a little looser and more liberal than the rules for wills. The question is, “Can the trust be changed after the death?” The answer is, “Yes, under…
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