- When Do I Need A Probate Litigation Attorney?
- Probate FAQ
- Probate and Trust Administration
- Constructive Trusts
- Elder Financial Abuse
- Interpreting a Will or Trust
- Contesting a Will or Codicil
- Heggstad Petition
- Contest a Trust or Trust Amendment
- Defective Trusts and Wills
- Removing a Trustee or Executor
- Contested Accountings
- Lack of Capacity
- Undue Influence
- Glossary of Probate Terms
- Attorney Fees
General Probate Litigation
- Why Should I Choose a Probate Lawyer from Triay Law Office?
- IS AN ORAL CONTRACT FOR A WILL OR GIFT VALID IN PROBATE LAW?
- What Is Probate Litigation?
- As a Surviving Spouse in California, What Are My Rights to My Spouse's Estate?
- Charles Triay on How Living Trusts Have Changed Over the Years
- Dealing with Accounting/Administrative Trustee Cases
- Do Debts Go Away After Death?
- Will A Videotaped Will Hold Up in Court?
- Does Triay Law Office Provide Mediation?
- Factors to Consider When Choosing a Trustee
- How Do Caregivers Exert Undue Influence on Seniors?
- How Do I Get A Probate Lawyer?
- How to Contest a Will
- Trust vs. Will: What is the Difference?
- Understanding Undue Influence in Probate Law
- Should I Visit a Parent in a Case of Undue Influence?
- What Court Handles Probate Cases?
- How Do You Determine Testamentary Capacity?
- What is a Breach of Fiduciary Duty?
- What is Fiduciary?
- What is an Example of a Trust Administration?
- General Probate Litigation
- Areas We Serve
- San Francisco Probate Litigation
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About Triay Law Office
Probate litigation attorney Charles Triay has specialized in California probate litigation matters for over 30 years.Read More
Probate Litigation Blog
We have a wide variety of information to share on all subjects regarding probate litigation.Read More
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Knowledgeable and Caring
“He sounds very caring and knowledgeable and creditable. And called me back right away.”
“When an evil stepsister tried to steal my father's estate last year, Triay Law Office in Oakland, CA, and Paul Epstein in particular, stepped in with impressive expertise to recover my Dad's property.”
Forthright and Patient
“Charles Triay was different from our very first contact. He was forthright, patient, a good listener and gave generously of his time to help us determine appropriate action.”
Probate is the legal process of administering a deceased person’s last will and testament or according to intestate law. Certain trusts only go into effect upon the death of the testator, and may therefore be part of a probate administration. California probate courts oversee probate administration and probate litigation.
There are several different reasons for contesting a will. For example, claims of undue influence and lack of capacity are common causes for probate litigation. Some individuals may argue that the will is defective, or that the estate trustee is breaching a fiduciary duty. If you are an omitted spouse or if your spouse leaves you less than required by California law, you may have a claim against the estate as part of your spousal rights.
A fiduciary duty is the obligation to act honestly, fairly and in good faith when handling the deceased person’s estate. There are multiple fiduciary duties that executors, administrators and trustees are legally required to follow, including keeping proper accountings of all investments, as well as money going in and out of the trust or estate. Violation of this duty or poor performance in administrating the estate may result in legal action by the estate’s beneficiaries.
Willing to Take Over A Case
Hourly and Contingency Basis Fee Options
Provides Unsurpassed Personal Service
Specializes in Probate Litigation
In Practice Since 1977