Our Oakland Probate Litigation Lawyer Explains How to Gather Evidence
The process of gathering evidence in a will or trust case, like all civil lawsuits, is known as discovery. Oakland probate litigation attorney Charles Triay explains that his legal team will subpoena documents, speak to witnesses and hold depositions as part of their trial preparations. If you have an inheritance dispute, contact our office. We look forward to speaking with you.
My name is Charles Triay from the Triay Law office. People ask me, “How do you prepare a case for trial?” There are many methods of what is called discovery that are available to an attorney once a case has filed in the court. Generally speaking we’re dealing with a will contest or a trust contest for an elderly relative who has passed away and made a last minute change in their estate plan. We will subpoena the medical records. We will subpoena the file of the attorneys who were involved in preparing the documents. We will subpoena the financial records because we often find that the person who engineered the change in these date planning documents was also taking money from mom or dad during the lifetime. We will also schedule depositions which are face-to-face cross examinations for lack of a better word, under oath with a court reporter. We generally do that for anyone who had contact with the decedent in the last year or so of their lives. That will be family members, neighbors, friends, attorneys, accountants, whoever.