Oakland Probate Litigation Lawyer Charles Triay Explains the Legal Complexities
Should you handle your probate litigation issue on your own? If you do, you are entering a complex world of red tape, deadlines and documents that is nearly impossible to navigate alone. An Oakland probate litigation attorney at The Triay Law Office can make sure you complete each required step in a timely manner, whether you need assistance with creditors’ claims or a defective trust. Call (510) 463-3165 today to contact our office and learn how we can help.
People always ask me can they handle their own case in “pro per,” or why should they come to a specialist rather than to their family attorney or another attorney that they know. I tell them that would be a big mistake. This is an area that is very specialized. There are many non-obvious laws in California about what is a valid will and what is not a valid will. More important than that, though, there are many traps for the unwary in the law. There are many time limits that are not obvious and that are unique to this area of probate litigation. I’ll give you an example. There are some cases where there is a 120-day time limit for filing your lawsuit. There are other cases where before you file your lawsuit, you have to file a specific claim form in the probate estate and then wait a certain period of time, but not too long, before you file your lawsuit. So there are many pitfalls if you try to represent yourself or if you try to have an attorney that’s not experienced in this area.