Proving Will Contest or Undue Influence Cases

Our Oakland Probate Litigation Attorney Reviews the Evidence

Evidence for defective will or probate litigation cases is not always a cut-and-dry issue. In this video, Oakland probate litigation lawyer Charles Triay explains that his legal team builds cases based on the accumulation of evidence, including oral testimony of relatives and other witnesses. If you have a question about a potential probate litigation case, contact our law office for our attorneys to review your case.

Video Transcription

Hi. I’m Charles Triay. People ask me how do I prove a will contest case or undue influence case? They’re a mosaic, if you will, or a painting. They’re made up of little bits and pieces. Every once in a while we’re fortunate we find a smoking gun or we find someone who is there and heard the bad guy tell the parent, “If you don’t sign this I’m going to throw you in a nursing home.” Usually it’s not one single piece of evidence. It’s a pattern that has accumulated overtime. We are allowed to use oral testimony both from our clients as to what they saw, what they heard, what they were told. We are allowed to use documentary evidence from medical records, financial records and we talk to everybody. We talk to the nurse. We talk to the neighbor, we talk to the gardener who came over. We get the doctor’s records and we talk to the attorneys because attorneys take notes. We take all these little bits and pieces and try to assemble the picture so that we can show the judge what happened.

I’m Charles Triay with the Triay Law office. If you’d like to consult with me about your case please give me a call, (510) 463-3165 or you can e-mail me at charles@triaylaw.com.